Wed
Dec 13 2006
11:59 am

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:
Brian A.'s picture

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.

Number9's picture

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?

Les Jones's picture

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!)

Number9's picture

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:

The McCain people were upset enough with this report that they emailed me about it, and I talked with a guy from McCain's office named Pablo Chavez. Chavez says that this misstates what the bill does: In fact, there's no obligation to monitor or discover child porn, just to report it if you become aware of it. And the bill is, he says, aimed at "the MySpaces of the world," not individual bloggers.

I've given the bill a quick read -- text here -- and it doesn't seem entirely clear to me that it doesn't reach individual bloggers, regardless of intent. Chavez says that McCain only wants to get hard-core child pornography, and has no desire to do anything that might reduce free speech on the Internet. He also says that McCain is open to amendments that would alleviate any concerns that bloggers might have. Perhaps people should propose some?

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