Sometimes when someone tries to do something good they get confused and screw up something else. This is often referred to as the law of unintended consequences. Case in point would be Senator John McCain's new bill to crack down on child pornography on the Internet. No one wants child pornography on the Internet but the problem is that this bill is so broadly written it could be used to shut down a website with an innocent picture like this.
It is an important cause and something must be done but this bill is so poorly written it could be used to harm people that have nothing to do with child pornography. If this sounds a little like the War on Drugs or the War on Terror there may be a reason. Could it be Congress Critters? Senator McCain is not alone in not understanding the Internet.
From CNET News:
Millions of commercial Web sites and personal blogs would be required to report illegal images or videos posted by their users or pay fines of up to $300,000, if a new proposal in the U.S. Senate came into law.
The legislation, drafted by Sen. John McCain and obtained by CNET News.com, would also require Web sites that offer user profiles to delete pages posted by sex offenders.
After child pornography or some forms of "obscenity" are found and reported, the Web site must retain any "information relating to the facts or circumstances" of the incident for at least six months. Webmasters would be immune from civil and criminal liability if they followed the specified procedures exactly.
McCain's proposal, called the "Stop the Online Exploitation of Our Children Act" (click for PDF), requires that reports be submitted to the National Center for Missing and Exploited Children, which in turn will forward them to the relevant police agency. (The organization received $32.6 million in tax dollars in 2005, according to its financial disclosure documents.)
Internet service providers already must follow those reporting requirements. But McCain's proposal is liable to be controversial because it levies the same regulatory scheme--and even stiffer penalties--on even individual bloggers who offer discussion areas on their Web sites.
More after the jump...
Important UPDATE see comments
"I am concerned that there is a slippery slope here," said Kevin Bankston, an attorney with the Electronic Frontier Foundation in San Francisco. "Once you start creating categories of industries that must report suspicious or criminal behavior, when does that stop?"
McCain's proposal comes as concern about protecting children online has reached nearly a fever pitch in Washington. Attorney General Alberto Gonzales gave two speeches recently on the topic, including one on Friday in which he said "we must do all that we can to protect our children from these cowardly villains who hide in the shadows of the Internet."
But the reporting rules could prove problematic for individuals and smaller Web sites because the definitions of child pornography have become relatively broad.
According to the proposed legislation, these types of individuals or businesses would be required to file reports: any Web site with a message board; any chat room; any social-networking site; any e-mail service; any instant-messaging service; any Internet content hosting service; any domain name registration service; any Internet search service; any electronic communication service; and any image or video-sharing service.
McCain scored 31 of 100 points on a News.com 2006 election guide scoring technology-related votes.
And in July, for instance, Congress overwhelmingly approved a bill that made it a federal felony for Webmasters to use innocent words like "Barbie" or "Furby" to trick minors into visiting their sites and viewing sexually explicit material.
Next year, Gonzales and the FBI are expected to resume their push for mandatory data retention, which will force Internet service providers to keep records on what their customers are doing online. An aide to Rep. Diana DeGette, a Colorado Democrat, said Friday that she's planning to introduce such legislation when the new Congress convenes.
Cathy Milhoan, an FBI spokeswoman, said on Friday that the FBI "continues to support data retention. We see it as crucial in advancing our cyber investigations to include online sexual exploitation of children."
In addition, Sen. Chuck Schumer, a New York Democrat, and McCain said that they'll introduce similar legislation dealing with sex offenders and social-networking sites in January.
|
Topics:
|
|
Discussing:
- AI bubble burst? (2 replies)
- Tennessee paying $637 million over 5 years for voucher software program (2 replies)
- UT paying $2 million to fired professor? (2 replies)
- A bear in Alcoa (1 reply)
- Here are some good Presidents (1 reply)
- Alcoa Hwy construction to extend to 2030 (3 replies)
- Happy 250th, pfft (2 replies)
- Smith & Wesson noise problem (3 replies)
- Are Chat bots a waste of time? (1 reply)
- Musicians dropping out of President's Freedom Concert Series (1 reply)
- It's time for new blood in Congress, Barnett in - Burchett out (1 reply)
- Burning Down The House... (2 replies)
TN Progressive
- Alcoa property taxes will probably not go up (BlountViews)
- Smith & Wesson not a good fit for Blount County (BlountViews)
- Pellissippi Parkway extension delayed again (BlountViews)
- Blount County early voting record turnout (BlountViews)
- WATCH THIS SPACE. (Left Wing Cracker)
- America As It Is Right Now (RoaneViews)
- A friend sent this: From Captain McElwee's Tall Tales of Roane County (RoaneViews)
- The Meidas Touch (RoaneViews)
- Massive Security Breach Analysis (RoaneViews)
- (Whitescreek Journal)
- My choices in the August election (Left Wing Cracker)
- July 4, 2024 - aka The Twilight Zone (Joe Powell)
TN Politics
- Stockard on the Stump: Tennessee Republicans keep pushing for execution transparency (TN Lookout)
- Democrats, Republicans alike focus on states’ rights as a way out of America’s political woes (TN Lookout)
- Whose America is it? (TN Lookout)
- Tennessee’s emergency management agency becomes standalone state department (TN Lookout)
- Vonda McDaniel, Tennessee Labor leader, mourned after Tuesday death (TN Lookout)
- A proud history and a cloudy future: Congressional Black Caucus hit by Supreme Court ruling (TN Lookout)
Knox TN Today
- Anniversary of Pat Summitt’s death becomes what she always wanted (Knox TN Today)
- Townsend concert + FLC boost for Maryville parks ++ (Knox TN Today)
- Dishing It Out: 4th of July Coconut Poke Cake (Knox TN Today)
- Zoo Knoxville celebrates birth of two Red Panda cubs (Knox TN Today)
- Prepare now: Keep your pets safe this Fourth of July (Knox TN Today)
- Dining Duo finds The Magic Wok (Knox TN Today)
- Paralyzed Veterans of America and Food City team up with NASCAR legends (Knox TN Today)
- 7/3 HEADLINES: News and events from Knox, World, USA, Tennessee & Historic Notes (Knox TN Today)
- Close to Home, Far from Ordinary: Revolutionary roots in Jonesborough and beyond (Knox TN Today)
- Hiking with Harrington: Curry Mountain Trail (Knox TN Today)
- New climate resource online (Knox TN Today)
- What the Fourth of July asks us to remember (Knox TN Today)
Local TV News
- 'Kratom is deadly': Knoxville widower speaks about dangers of kratom (WATE)
- What drivers need to know before hitting the road this 4th of July weekend (WATE)
- Roane County deputy, inmate injured in crash on Highway 58 (WATE)
- Fire causes damage to the Love Kitchen in Knoxville (WATE)
- Taylor Swift and Travis Kelce donate $2 million to Dolly Parton's Imagination Library (WATE)
- How this VFL went from a 'mediocre' pitcher to one of the best in the U.S. (WATE)
News Sentinel
State News
- Not so fast: Constable-elect inks ICE deal before he takes office - Chattanooga Times Free Press (Times Free Press)
- Tree of Liberty - Chattanooga Times Free Press (Times Free Press)
- Permit obtained by AP shows schedule for Taylor Swift and Travis Kelce's wedding - Chattanooga Times Free Press (Times Free Press)
- ‘I was really angry:’ Teen confessed to killing nearest sex offender in video played in Collegedale court - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Heat causes Great American State Fair to close temporarily and other disruptions - The Washington Post (US News)
- Largest US power grid PJM orders emergency curbs as electricity use nears record peak - Reuters (Business)
- Trump announces pardons for pollution violators prosecuted for "fixing their car" - CBS News (US News)
- Trump Heads to Mount Rushmore, Where He Wants to See His Face - WSJ (US News)
- Extreme heat bears down as America 250 celebrations ramp up. Trump heads to Mount Rushmore - AP News (US News)
- Pope praises US history of welcoming immigrants in implicit rebuke to Trump - The Guardian (US News)
- Tibetan Man Dies After Self-Immolation Protest in New York - The New York Times (US News)
- Louisiana Attorney General Liz Murrill indicted on 16 felony counts - WDSU (US News)
- France’s Thales to Take Hit After Germany Scraps Frigate Program - WSJ (Business)
- GFL Environmental Weighs Take-Private Amid Interest From Buyout Firms - Bloomberg.com (Business)
- What’s open, what’s closed on July 3-4, 2026? Grocery stores, post office, Walmart and more - AL.com (Business)
- Extreme heat dome sizzles NYC, Philadelphia, Boston, DC into July Fourth weekend - The Weather Channel (US News)
- Microsoft Disclosure Provides Rare Glimpse of Tax Haven Tactics - The New York Times (Business)
- Millions of babies to get $1,000 in their Trump Accounts on July 4 - USA Today (Business)
- Stock Market Today: Dow Runs 590 Points To New High But Meta, Chip, Optical Stocks Slammed - Investor's Business Daily (Business)
Local Media
Lost Medicaid Funding
Search and Archives
TN Progressive
Nearby:
- Blount Dems
- Herston TN Family Law
- Inside of Knoxville
- Instapundit
- Jack Lail
- Jim Stovall
- Knox Dems
- MoxCarm Blue Streak
- Outdoor Knoxville
- Pittman Properties
- Reality Me
- Stop Alcoa Parkway
Beyond:
- Nashville Scene
- Nashville Post
- Smart City Memphis
- TN Dems
- TN Journal
- TN Lookout
- Bob Stepno
- Facing South

Very surprising . . .
That a member of congress doesn't understand how the Internet tubes work.
Do you think the staff members who put these things together are equally clueless? Or are they simply told to keep quiet and stay out of the way?
Brian A.
I'd rather be cycling.
Do you think the staff
Do you think the staff members who put these things together are equally clueless?
A good question. I would doubt it. I suspect McCain is not as clueless as he appears. I don't think Congress Critters like the freedom of the Internet.
Is it possible that in a few short years what we do here today will not be possible?
But!
The idea did get John McCain's name in the news in association with being generally against that one bad thing and more in favor of that other thing. You know - the good one that Katie Couric nodded her head in agreement with?
Which seems to be the point of a lot of McCain's positions. Guy is a shameless media hound, even as politicians go.
Hey, Les, why don't we just call each other assholes and get it over with. - Somebody on the old Southknoxbubba.net (if that was you, claim your quote and win net.fame!)
UPDATE: McCain in full spin control, can he pull out?
UPDATE:
McCain's office is worried about this. They have taken the time to email Glenn Reynolds to "clarify" what Senator McCain "really meant".
Also a good time to point out to McCain's office that this story was posted here at 11:59 AM. It was not posted until 4:21 PM on the InstaPundit site. Catch up Congress Critters, you could have had the the critique 4 hours earlier.
I would point out to Mr. Pablo Chavez of Senator McCain's office that he should read the bill in greater detail. If it affects the MySpaces of the World it affects all blogs.
This is a glaring blunder for Senator McCain and his staff. It is big of McCain to request amendments to the bill AFTER the world has learned of how this bill will affect free speech.
Senator McCain, should you have considered that to begin with?
From Glenn Reynolds AKA InstaPundit: