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Gonzales Wants ISP Data Retention To Curb Child Porn

$RANDOMLUSER writes, "The AP is reporting that Attorney General Alberto Gonzales testified before the Senate Banking Committee today and called for Congress to require ISPs to preserve customer records, asserting that prosecutors need them to fight child pornography. 'This is a problem that requires federal legislation,' Gonzales said. He called the government's lack of access to customer data the biggest obstacle to deterring child porn. 'We respect civil liberties but we have to harmonize this so we can get more information,' he said." Gonzales added that he agrees with a letter sent to Congress in June by 49 state attorneys general, requesting federal legislation to require ISPs to hold onto customer data longer.

20 of 454 comments (clear)

  1. Privacy for the Incidental by fragmentate · · Score: 4, Insightful

    I'm all for catching the distributors of child pornography. I hope they find all the freaks exploiting these children.

    However, I know that they never stop there. If they have the information they won't use it for just investigating cases of child pornography. Furthermore, I don't trust their techniques of catching the predators.

    Many years ago (1998, or 1999) there was a crackdown on the alt.binaries.erotica.* groups to catch distributors of child pornography. Instead, what they did is arrest hundreds of people victimized by the distributors. Sure, many of those hundreds were intentionally seeking pictures of children. But many others were falsely accused because they blindly downloaded "all new articles."

    The way this happened was quite simple... Much like the spambots of today, these distributors taint many, many groups with their filth. It's a sort of scorched earth policy, perhaps. Regardless, I don't trust the government to know the difference between the incidental versus the intentional.

    The primary reason being the weapon they would potentially wield against people that choose to speak out...

    "Oh, look, in 2002 you downloaded DSC_1000.JPG from a newsgroup, and it was depicting an unclothed child... LOCK 'EM UP!"

    Privacy protects the innocent too, you know...

    1. Re:Privacy for the Incidental by Anonymous Coward · · Score: 4, Insightful

      The government wants to keep a copy of everything you do online in case it needs to check to find out if you did something it doesn't like. Kiddie porn today, advocating voting rights for immigrants tomorrow. Once the data is there, it can be subpeonaed, for whatever legal reason a Bush-appointed judge signs off on. Reading Trotsky? The government will know. Reading about particle physics on Amazon? You must be building weapons of mass destruction. When Gonzalez says it's only for kiddie porn, he knows it's not true, because he's a lawyer.

    2. Re:Privacy for the Incidental by elucido · · Score: 4, Insightful

      Does the law really work in such a way where you can be supeonaed based on what link you clicked on? Shouldn't you arrest the person who created the link?

      If you arrest people simply for clicking links, and not the people who actually put the links on the internet, what stops a person from putting up links which say one thing but take you to somewhere else, then you get arrested? I mean a spam bot could arrange it so that everyone gets spammed with bogus links and then what?

      The way the internet is designed, you don't really know what you'll see at a link until after you see it. The only person who really knows, is the one who actually created the link in the first place.

      You may be correct, it likely is not just for kiddie porn, because if people can be arrested for just clicking on a link or downloading a file, it becomes impossible at that point to use the internet safely without falling for some sorta trap or clicking on some sorta link that is illegal to click on, hell a script could make you click on it, a virus could download stuff onto your computer and use it for storage, so you see this is basically ridiculous. This does not mean people will not try to make it the law, as laws don't have to make technical sense whatsoever, but due to how the internet is designed and the culture of the net, if a law like this passes everyone would be guilty, have you ever downloaded an mp3? Of course. Ever downloaded a movie without paying for it?

      You see, it's impossible to not be guilty when the crime is downloading. If the crime is uploading, then yes you should be guilty if distributing it is illegal.

    3. Re:Privacy for the Incidental by cgenman · · Score: 5, Insightful

      For a fun exercise, try sending an HTML e-mail to the US Congress with an image of child pornography embedded. Bonus points if you're not a US citizen.

      By simply having checked their mail that day, every member of congress will have violated the law about recieving and posessing. Under the Child Pornography Prevention Act of 1996 that subjects all of congress to a MANDATORY minimum sentence of 15 years.

      That, at least, would do a great deal of good for the country.

    4. Re:Privacy for the Incidental by LordNightwalker · · Score: 5, Insightful
      When Gonzalez says it's only for kiddie porn, he knows it's not true, because he's a lawyer.
      Absolutely; we all know how porn works. You don't just download it once, and then jack off to it indefinitely. You always need fresh material. So if you want to catch someone who downloaded kiddy porn once, just wait till he does it again. Just like us regular porn leechers the kiddy porn downloader also needs his regular fix. All you have to do to catch him is get a court order to sniff his traffic and wiretap his phone/cellphone, and sooner or later you'll catch him redhanded. Sure, you won't catch the guys who downloaded that stuff just once. Big deal; those guys probably downloaded it by accident (or perhaps out of curiosity); after checking out what the hell it was they downloaded in the first place, they found out it wasn't what they thought it was, or they weren't interested after all, and erased the crap.

      Or hey, how about you just get a court order to search the suspect's computers? Kiddy porn is far too hard to come by for those guys to just delete it after three wank sessions, and chances are you'll even find photos and magazines stashed away somewhere at his place. Same logic applies to the distributors btw; you can't distribute what you don't have.
      So there's really no reason to ask for longer data retention for the reasons quoted. That's just a cover story; I wonder what the real story is though...
      --
      Install windows on my workstation? You crazy? Got any idea how much I paid for the damn thing?
  2. Root Password to the US Constitution by Amazing+Quantum+Man · · Score: 5, Insightful

    "Child Porn"

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  3. Any time you hear... by DragonWriter · · Score: 5, Insightful

    ..."we respect civil liberties, but..." you know the next part is going to be bad.

    Its almost like "I'm not a racist, but..."

  4. Abusing children is the most horrible crime by Opportunist · · Score: 5, Insightful

    Especially abusing them for more political power.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  5. If it's really about CP, they'd say it in the law. by VidEdit · · Score: 4, Insightful

    Child porn is just an excuse. If protecting children was really the point, the proposed law would limit all subpoenas of data retained under this law to child porn cases. The law doesn't do that, ergo they are lying through their teeth.

    --
  6. if you don't have anything to hide... by User+956 · · Score: 5, Insightful

    We all know that this is just a ploy so they can spy on you... "Please, think of the children!" seems to be the most abused reasoning for spying... it's just bs that anyone would buy this.

    And their logic is always "If you don't have anything to hide, you don't have anything to worry about". To which I say, "If I don't have anything to hide, why do they need to spy on me?"

    --
    The theory of relativity doesn't work right in Arkansas.
  7. Is it really a growing threat? by Anonymous Coward · · Score: 5, Insightful
    Gonzales acknowledged the concerns of some company executives who say legislation might be overly intrusive and encroach on customers' privacy rights. But he said the growing threat of child pornography over the Internet was too great.

    The growing threat of child porn? Is it really that big of a threat?

    I've surfed the tubes and found some pretty perverse pr0n, but I have never run across any child porn. I have absolutely no clue how anyone could even go about finding the stuff. And yet, Gonzalez and the gov't claim it is a huge threat. A threat so great that we must intrude on the privacy rights of all law-abiding citizens. Do we have any real evidence to back up the claim that child porn is such an enormous threat that we must take extraordinary measures? No, we don't.

    We have to take the government's word for it, because no one is allowed to independently research child porn. To do so would violate the law. I've heard that the amount of new child porn material has increased in the past few years. Conversely, I've also heard that all of the child porn that's out there is the same old material that has been circulating around for 20 years. But we have no way to know for sure. The government keeps a database of child porn for themselves, and prosecutes and harshly punishes anyone that so much mistakenly downloads an image in their browser cache.

    This push by Gonzalez to mandate ISP data retention smells very fishy, especially considering that we, as citizens, have no way to verify that child porn is as serious a problem as he claims.
  8. Moo by Chacham · · Score: 5, Insightful

    The worst about all this is, that it has never actually been shown that CP is bad. Or at least, that it is any worse than the adult version.

    The main issues stated are:

    1) It hurts children to make it.
    2) It causes people to want the real thing.

    The first is obviously not what they are after, since:

    1a) They go after the consumer with full force, when this helps little. (It only helps the content creator only if he sells it.)

    1b) They go after voyeuristic photos and "model" shoots. The amount of actual CP where the child is hurt has never been shown to be significant.

    The second reason, has never been proven either:

    2a) The is an equal and opposite force that people would release tension through this, instead of going after the "real" thing.

    2b) Pedophilia is defined as a mental disorder, so "normal" viewers will shouldn't be affected by it anyway. Only someone who already wants it, and doesn't know it, would be affected. This is most likely not a significant amount of people.

    As such, i believe the real reason is not any of those given above. But until it is delineated, and the laws address it by protected people from harm (that is, make sure there is an actual (potential) victim as opposed to regulating behavior) there should be no barring of CP different from the Adult version. And, as for invading privacy, that's is going to take a lot more doing than this vagueness.

  9. Key words: Data Retention (not child porn) by tinrobot · · Score: 4, Insightful

    They want retention so they can continue to expand the domestic spying program. Simple as that.

    Child porn is just the catch phrase they can use to ram it through congress.

    I can see the campaign ad -- "Congressman X voted against protections from child porn!"

  10. Child Porn My Behind by PopeRatzo · · Score: 5, Insightful

    They're hardly even trying to come up with believable lies any more. They think they can just throw around the "protect the children" meme and we'll all just line up like good Christian Soldiers.

    There are a few boogiemen that never seem to fail those that would take our freedoms. Terrorists, Kiddie Porn, Welfare Moms, Liberals and Bill Clinton are some of the most reliable. A few decades ago it was "Satan Worshippers" "Communists" and "Castro" that were the standbys.

    Anybody else sick of this BS?

    --
    You are welcome on my lawn.
    1. Re:Child Porn My Behind by shmlco · · Score: 5, Insightful

      Unfortunately, we're not the ones that have to line up. All they have to do today is name the bill the "Child Protection Act of 2006" and most of the politician's hands are automatically tied. Vote against such a thing and you can bet that come next election your opponents will be touting your apparent love for child pornographers and child molesters in every television ad.

      "Jim Davis voted AGAINST a bill that would have protected CHILDREN from dangerous preditors and pedophiles..."

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:Child Porn My Behind by DrJimbo · · Score: 4, Insightful

      It's not meant to be a believable lie. It is a clever political ploy developed by Karl Rove. The people currently in the White House are desperate to keep Republican control of the House of Representatives. If the Democrats gain control of the House while Bush is still president, he is going to be investigated out the wazoo and many people close to him will face jail time.

      It is meant to be an unbelievable lie. It is meant to cause a reaction. Then Ken Mehlman can send out emails to the party faithful telling them how the evil, evil Democrats support child pornography. It was designed to get you riled up so they can use your reaction to inflame their base.

      If you think this sounds far fetched, I encourage you to get on the GOP email list. The person who had my email address before me was on it and I haven't unsubscribed. The only thing the Democrats have going for them is almost every single issue and that may not be enough. Things are bound to get very, very ugly.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
  11. We respect civil liberties but ... by rminsk · · Score: 5, Insightful
    We respect civil liberties but ...
    If you respect civil liberites how can there be a but?
  12. Re:want to find it by QCompson · · Score: 5, Insightful

    What a scary world we live in when I am frightened to even click on your link for fear of seeing pictures, which despite my total lack of sexual interest in, could still land me in prison, just for having viewed them on my computer.

    Of course your link could be some sort of joke, a link to pictures of baby elephants or something, but I guess I'll never know.

  13. I have a better idea, Mr. Gonzales ... by ScrewMaster · · Score: 5, Insightful

    How about you stop pulling the "terrorism" card and "child porn" card, and tell us why, in no uncertain terms, you need to keep prying into our lives. What evidence do you have that proves, beyond any shadow of a doubt, that such additional monitoring will help stamp out child pornography? What justification do you really have for your stance? I'm talking hard numbers ... how many cases have been successfully prosecuted (i.e., resulting in prison terms) for child pornography as a direct result of ISP data retention? Wiretapping (in spite of the billions spent upon it) has not justified the cost in terms of viable prosecutions, and I see no reason to think this will prove otherwise. And I'm very serious, Mr. Gonzales, partly because your current rationale makes little to no sense whatsoever, and mostly because I just don't believe you. If you want to do this to us, for God's sake prove it to us, make us understand why we need to give up still more of our precious Constitution. I would fully expect that the nation's ATTORNEY GENERAL would be capable of presenting such a case to the American public using honest facts, not trigger-words, emotional ploys and outright fiction.

    A bit disappointing, really.

    Maybe we do need to give up some civil liberties, given the current state of affairs with international terrorism ... certain rights were temporarily rescinded during World War II and were re-established afterwards. Maybe. I've not seen sufficient evidence, as presented by my official representatives in government or their appointees (are you listening, Mr. Gonzales?) that convinces me of this.

    Furthermore, I absolutely do not accept "child pornography" as good and sufficient cause to invoke yet another massive spy campaign against the American public. If the FBI needs more funds to go after these bastards ... so be it. That's why we have appropriations committees. But wholesale monitoring of the entire Internet-using population?

    I think not.

    --
    The higher the technology, the sharper that two-edged sword.
  14. Re:Moo by mrchaotica · · Score: 5, Insightful
    Ok, that was one of the more unsettling arguments here. Rather than dwell on the ethics of forcing children to have sex for the purpose of producing pornography, I'll point out the legal points involved here.

    Wow, you just ignored his entire argument! And since you did so, I'll restate it:

    • Most of the people they go after aren't the ones producing the images. Therefore, those particular people never had the possibility of actually harming any children. (That was his point #1a)
    • A big chunk of the stuff they go after does not depict any actual sexual activity. It merely contains unclothed children. (That was his point #1b)

    In other words, if they want to stop child porn they ought to:

    • Target the producers
    • Target the ones making pictures of actual sexual acts
    But do people really have a right to consume something that is illegal to produce?

    It's the production that (theoretically) causes harm, therefore it's the production that ought to be illegal.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz