The Complete Story on the Internet Safety Act


We live in an age where online communication thrives. The Internet has created countless new opportunities for commerce and communication. With that progress, unfortunately, comes exploitation by some, including criminals looking to do harm. For example, sexual predators are using social networking sites like MySpace and Facebook to identify and target victims – particularly young children. Just this month, MySpace announced that about 90,000 sex offenders had been identified and removed from their website. That is no doubt a positive step, but we know from experience that child predators and child pornographers will find other means to exploit children.

To strengthen penalties against these predators and enhance safety measures in place to protect our children, I joined forces with my colleague on the House side, Congressman Lamar Smith, to introduce the Internet Safety Act. While Internet crimes like the distribution of child pornography are not new challenges, we recognize more resources and tools need to be available to further combat crimes against children.

The bill has recently come under criticism for certain data retention requirements intended for Internet Service Providers (ISPs), and I appreciate the opportunity to set the record straight. Current law states that Internet Protocol (IP) addresses and related subscriber records must be retained for three months at the request of law enforcement. This is because often the only mechanism for identifying the operator or user of a child pornography website is his IP address. Unfortunately, it is commonplace that by the time law enforcement has discovered the Internet child pornography and made the request to retain records under current law, the ISP has already purged the subscriber records and the investigation hits a dead end. Our legislation closes this gap by requiring ISPs to retain the records for a limited period of time without first receiving a request from law enforcement. That way, we’re able to hold accountable the criminals behind these despicable acts that violate the dignity and threaten the security of our children.

It’s also important to point out that IP addresses are assigned by their ISP – Comcast, Verizon, Road Runner, to name a few. IP addresses cannot be generated by individual users who subscribe to an ISP. The record retention requirements fall solely on ISPs and do not apply to operators of Wi-Fi access points, hotels, local coffee shops and home users – as publications have erroneously reported. Moreover, the record retention requirements do not involve user content.

Retaining this type of information is neither new nor unprecedented. Telephone companies and the like are already required by law to keep similar records. The Internet Safety Act would simply extend the time period these records are kept, which I believe will help law enforcement officials do their job by identifying and penalizing these dangerous criminals.


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15 Comments Leave a comment

This is Unecessary

WashJeff Friday, February 27th at 1:30PM EST (link)

Just this morning I configured my coworker’s daughter’s laptop to block facebook.com and myspace.com. The private market as already provided the tools to protect one’s children. It is laws like this that perpetuate the view the Federal gov’t nanny state.

Cornyn, you are a good man, but use you position to educate our population. I am sure McAfee, Symantec, et al. would fund a campaign to educate parents how to protect their kids from thee and other sites.

 

But then it does no good

daggit Friday, February 27th at 1:39PM EST (link)

Thank you senator for setting the record straight.

However, if your statement is accurate, the record keeping requirements do no good.

If one were to access the internet through a coffee shop’s wireless access point, the ISP can only save the record of the IP address assigned to the coffee shop’s router. Since all of the IP addresses assigned to the shop’s patrons are issued by their router (not the ISP’s), and are NAT’d behind its single address, the records cannot show who really did what you are looking for. Unless you plan to hold the coffee shop owner vialble for the actions of his customers.

Any that doesn’t even count annonymous proxy web access (see TOR, for example)

Something this simple to defeat just creates a burden without providing any benefit.

 

And foreign proxies, ip spoofers, etc?

EvanWeeks (Diary) Friday, February 27th at 1:55PM EST (link)

Most of the hacking attempts I’ve seen on my servers have been from IP addresses based outside the US (notably, most often from a Mexican ISP that offers proxy access). It’s very easy to configure your browser to use a proxy to route your requests.

My point being, this bill seems to be a little naive about the abilities of many out there on the web who intend ill. Retaining IP addresses is a good start, but it isn’t nearly enough to solve or even hinder the problem’s spread. I’d love to see routing access denied to foreign ISPs that support (or refuse to actively impede) cyberterrorism, but hey, that’s a big political mess.

EvanWeeks – Dad. Conservative. Patriot.

Foreign ISPS

ss396 Friday, February 27th at 3:28PM EST (link)

When you start talking about denying access to foreign ISPs, I just want to remind you that there are a lot of US folks who work in these foreign countries, and already have trouble with restrictions. I miss a certain amount of internet news just because the news organizations video licensing is limited to domestic broadcast. When the servers ID me with a foreign ISP, I am blocked from watching it. I even get this on YouTube and Facebook.

And I am not talking about Military, or Government employ, or even NGOs. USA commercial tentacles truly do go everywhere, training the locals, buying American, bringing USA commercial and managerial expertise world-wide. We’re the reason that the locals can buy Crest toothpaste in Uganda, and Kohler bathroom fixtures in Burma, and so on. So, talk about denying access to foreign ISPs is more than a little disturbing to me.

If you pay someone to sit on his butt, you can’t be surprised when he does.

 
 

Except...

jarober Friday, February 27th at 2:49PM EST (link)

As the bill is writtem anyone who owns a device that issues IP addresses falls within the scope of the act. You can tell me about your intentions all day long; I don’t really give intentions much weight. What I care about is what the law allows, and how people I don’t trust will decide the law can be used.

James Robertson

 

Pointless and Tone-Deaf

Officious Intermeddler (Diary) Friday, February 27th at 3:25PM EST (link)

This reminds me of congressional efforts to curb illicit methamphetamine production by regulating the provision of over-the-counter cold medicines containing methamphetamine precursors, as if the operators of meth labs are routinely getting their raw materials by buying shelfsful of Sudafed from the local Walgreens such that we need to restrict everybody’s access to the stuff.

I carry no brief for pederasts, Senator. But this legislation is a pantload.

(1) The recordkeeping mandate is way beyond what’s currently required of ISPs. Retaining those records isn’t a cost-free exercise — data retention costs money — and those costs are going to be passed right back to the consumer. In the midst of a recession.

(2) There’s no evidence that the existing recordkeeping mandates (where an ISP retains subscriber data in response to bona fide law enforcement requests) are inadequate. Merely saying that “is commonplace that by the time law enforcement has discovered the Internet child pornography and made the request to retain records under current law, the ISP has already purged the subscriber records” doesn’t establish the significance of the problem to any level of certainty.

(3) The mandate is ripe for abuse. There’s no guarantee that retained ISP records will be accessed exclusively for bona fide criminal investigations of pederasts and child pornographers, and absent such a guarantee government is simply undeserving of trust in the matter.

(4) From a rebuild-the-GOP-brand perspective, this is absolute poison: it spits directly into the eye of the kind of pro-anonymity civil libertarianism that still enjoys widespread currency among Internet users, particularly younger and more technically-sophisticated individuals that Republicans really cannot afford to be further alienating right now. Those people aren’t laughing with you; they’re laughing at you, and then they’re cutting checks to the EFF, the ACLU, and the DNC.

In short, if you were looking to create legislation that would further the popular impression of Republicans as dismally out-of-touch moral crusaders and paternalist, statist, “Civil liberties? Never heard of ‘em,” voluptuaries of law enforcement, you’d have a hard time coming up with anything better. Everybody wants to protect kids, but dragooning ISPs into the War On Pederasty at the expense of people’s wallets and their privacy isn’t the way to do it.

 

The lowest of the low

posterposter Friday, February 27th at 3:39PM EST (link)

Senator,

I wouldn’t mind a death penalty for this kind of scum and congratulate any effective means of catching them. While I am skeptical about government intent behind any new law, I pray this is used exactly as you describe it. However, none of this is the reason for my post.

I simply want you to understand that it is up to YOU and our small minority to stop this administration from using this and any other existing laws to take liberty from law abiding citizens. Prevent them from coming up with more insanity and STOP THEM FROM PRINTING MORE MONEY.

We are freaking out.

HELP.

 

I would worry more about freedom of speech

izoneguy (Diary) Friday, February 27th at 3:49PM EST (link)

the Declaration of Independence and our slide into socialism before we worry about the internet.

Hell with Obama’s talk we won’t have no internet to worry about.

We won’t have power to run anything much less computers.

How about you Republicans save us from Obama first???

The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.

 

?

unfatmatt Friday, February 27th at 4:14PM EST (link)

“Temporary” was the word that caught my attention. If three months is temporary, and two years is temporary, why not make the law ten years? Why not twenty? Why not fifty since many child abusers aren’t discovered until much later in life? On a large enough timeline, fifty years is the blink of an eye.

I think first we need to stop letting child abusers go. That’ll keep them from hurting kids. Second, find another way to catch them without suspecting everyone.

I agree with daggit that this is going to be no more helpful.

Finally, with the way the current administration has been in a constant power grab, I think it would be best if all data-storage requirements were eliminated. If the Fairness Doctrine (or diversity and localization) is enforced, will we be arrested for reading RedState as well? Don’t doubt the audacity of this administration.

Now where’s my tinfoil hat?

 

I see it supposed to be easy to configure a browser.

bobojake (Diary) Friday, February 27th at 7:21PM EST (link)

Not all of us ol farts are computer nerds and there are many of us that use a computer. Laws to tracks the hackers seems to me a good idea. We need to stop that scum.

You'll just end up creating a smarter class of criminal. (n/t)

Finrod (Diary) Friday, February 27th at 8:08PM EST (link)

.

Let’s get down to brass tacks here. How much for the ape?

 

Give yourself some credit

jnsmith76 Saturday, February 28th at 7:14PM EST (link)

You probably know more about the internet than Sen. Cornyn, the staffer that ghost wrote the post for him or whomever wrote the text of this bill.

I echo the other commenters; I would gladly vote to execute a child abuser. As we say in the south; They need killin.

However, I’m a network administrator and network security professional. This law as it is presented does almost nothing to improve the situation. Most people who are using the internet for serious crime can already get around this proposed scheme, At best you will catch the stupid ones. Many of those are already caught under the existing laws. At worst you will have a lot of innocent people getting their doors kicked in cause someone in their apartment building piggybacked onto their wireless.

To do this “right” would place serious regulatory burden onto businesses who provide WiFi for their customers. They will stop offering it. Unintended side effects are a pain.

I’m tired of our congress throwing around laws to regulate the internet when most do not understand it. They need to be seen to be passing laws so that they can say that they are “Doing Something ™”

 
 

Innocent people may wind up in prison because of this

innocbystr (Diary) Saturday, February 28th at 12:04AM EST (link)

Having recently purchased a wi-fi ready laptop I’ve discovered that in any populated area there many unsecured home wireless networks that anyone could tap into without the owner’s knowledge. Accordingly many folks ignorant of how to secure their home network could be charged with child pornography when in fact it was a neighbor or someone parked out in the street with a laptop who is actually guilty of the crime. Even if the unaware party could prove their innocence there would always be the stigma attached to being arrested for child pornography….

People "war drive" for unsecured...

Wubbies World (Diary) Saturday, February 28th at 12:10AM EST (link)

.. wi fi hot spots all the time. My pocket PC has an app for detecting hot spots too. This is the Achilles heel to the whole idea.

Red State Strike ForceWubbies World, MSgt, USAF (Retired):
Join The Red State Strike Force
><> If It’s Worth Doing, It’s Worth Doing Right The First Time.

 
 

Excellent

mrmeyagii Thursday, March 5th at 1:05PM EST (link)

I agree with you completely, and applaud your efforts and that of your colleague. There is no more egregious crime then the crime committed against children. Even the animals of the forest treat there children better, and if man intends to remain the dominant species on this planet, then they need to end the exploitation of their children.

May I respectfully suggest that you add to this bill/law, that provider’s of home networking solutions that deploy a wireless router, at least be required to offer the customer to activate the encryption on the router, or the access control list; it should be noted that the manufacturer of the device does enable these security features on the routers by default. By doing this, it will protect the consumer from a “war driving” crime which involves a perpetrator from using the wireless connection for unlawful means that can only be tracked back to the IP address used by the consumer leaving them to hold the bag.

Thank you for your time and please keep fighting to have this law passed.

Meyagii