Sen. McCain (R-AZ) has introduced a bill entitled "
Stop the Online Exploitation of Our Children Act of 2006". It should be called, "Turn Everyone Hosting Online Services Into a Snitch". Officially, the purpose of the bill is to help law enforcement combat child pornography. Everyone wants to stop child pornography, right? But the language of the bill is terrible. First of all, it applies to
anyone running an online service. So if you are running a personal blog on your own server, or host your own e-mail, the bill will apply to you. Second, it requires anyone suspecting that something could be child porn on their site to not only submit a report to law enforcement, but you have to keep the suspected child porn, all of your server logs, and any other relevant information for a mininum of 180 days, and possibly indefinitely.
So why is this bad? For example, if a friend posts a picture of her niece in the bathtub on your blog, you better make a report, or face fines of up to $150,000 -- just in case some law enforcement official somewhere thinks its child porn. Never mind the fact that the picture is innocent - it might violate sections 18 USC 2251-2260. And now law enforcement will be scrutinizing the naive actions of your friend. Further, you can't delete it, move it, or do anything that would potentially tamper with the logs. Heaven forbid if your nightly cron job deletes the log files. So you are pretty much left with removing the hard drive, buying a new one, and reinstalling your system.
In addition, because this applies to e-mail too, I can see this as being an inviting target for hackers. If a hacker wanted to cause widespread disruption, they could send spam mail with a child porn image. Every ISP would have to quarrantine their logs, the image, etc. They all would have to submit reports to law enforcement. And how many small businesses would be aware that they could be criminally liable if they deleted that e-mail from their server? A single hacker could cause a million dollars of economic disruption overnight.
For the large service providers with lots of content, the consequences are worse. If somebody were to actually post real child porn
somewhere on the ISP's site, and nobody catches it, the ISP can be fined $50,000 for "negligent failure". Do you think that YouTube has the capability to manually review every video that gets posted on their system?
I hope that Congress comes to its senses and rejects this proposed legislation. Unfortunately, who wants to be seen as voting against something that "protects the children?"