House Bill Won't Criminalize Free Wi-Fi Operators

Velcroman98 sends word of a bill that passed the US House of Representatives by a lopsided vote of 409 to 2. It would require everyone who runs an open Wi-Fi connection to report illegal images, including "obscene" cartoons and drawings, or be fined up to $300,000. The Securing Adolescents From Exploitation-Online (SAFE) Act was rushed through the House without any hearings or committee votes, and the version that passed on a voice vote reportedly differs substantially from the last publicly available version. CNET reports that sentiment in favor of such a bill is strong in the Senate as well. Update: 12/07 06:22 GMT by Z : As clarified in an Ars writeup, this summary is a bit off-base. The bill doesn't require WiFi owners to police anything, merely 'stiffening the penalties' for those who make no effort to report obvious child pornography.

Comments

Stupid

[DeeQ]

It seems stupid to me to hold them responsible for what goes over their networks. However Ron Paul voted no!

Oblig. Ron Paul

[JeepFanatic]

Not one Democrat opposed the SAFE Act. Two Republicans did: Rep. Ron Paul, the libertarian-leaning presidential candidate from Texas, and Rep. Paul Broun from Georgia.

I knew when I saw the two votes against that one would be Ron Paul.

Read The Bill..

[Chris_Jefferson]

OK, I don't claim this is a good bill. However, it only refers to people who "learns about the transmission or storage of information about certain illegal activities or an illegal image". Therefore free Wi-Fi operators are fine. Never look at what people are doing on your Wi-Fi, and you are fine. This could almost be good in some ways, as ISPs who sniff traffic could end up with much more work, while those who leave well alone will be fine.

Re:Wouldn't be easier...

[MyLongNickName]

And if you RTFB, you will see:

(1) IN GENERAL- Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible--

So, it does not require any actual monitoring. If monitoring does occur and you find a user d/ling child porn, you must report. If you think that we should shut down the internet for a day to protest this, you are nuts.

Re:Stupid, moronic, fearmongering, etc.

[MyLongNickName]

Nope. The actual Bill simply states that if you run an oipen access service and realize that a user is using it for child porn that you MUST report it. In fact, the Bill goes as far as to say:
" `(f) Protection of Privacy- Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to--

                        `(1) monitor any user, subscriber, or customer of that provider;

                        `(2) monitor the content of any communication of any person described in paragraph (1); or

                        `(3) affirmatively seek facts or circumstances described in subsection (a)(2)."

So, if you don't monitor, you are not in trouble. I realize the article made incorrect statements about the Bill, but the Bill itself is, at worst, ineffective, not Orwellian.

Re:Sad, but predictable

[MyLongNickName]

Ummmm. No. Only if you open it and discover it is. Otherwise, you are not responsible for reporting. The Bill even explicitly states that there is NO requirement to monitor. Only that if you do monitor or otherwise become aware of the activity that you must report.

Re:Sad, but predictable

[belarm314]

Reportedly, the bill you link to bears little resemblance to what was voted on.

What sheer idiocy?

[ToasterMonkey]

You are already required to report cases of child abuse in most states.

The article mentions this existing law...
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html
No monitoring requirements, no evidence preservation, weak, etc.
So, you already have to report known cases.

This bill, or is it this one.. is a lot more specific.

The only new monitoring requirement is that a court may require convicted child abusers to use a monitored internet connection and the provider will get an extra $50 a month.
Here's another useful tidbit..
`(f) Protection of Privacy- Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to--
`(1) monitor any user, subscriber, or customer of that provider;
`(2) monitor the content of any communication of any person described in paragraph (1); or
`(3) affirmatively seek facts or circumstances described in subsection (a)(2).

I'm confused by the different versions too, but what is all the fuss over? I don't see where this will have any real impact on commercial WiFi providers, or individuals.

Link? We don't need no steenking link!

[sm62704]

Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3791 ) to modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 3791
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Securing Adolescents From Exploitation-Online Act of 2007'' or the ``SAFE Act of 2007''.

SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.

(a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2258 the following:

``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.

``(a) Duty To Report.--

``(1) IN GENERAL.--Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible--

``(A) complete and maintain with current information a registration with the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, by providing the mailing address, telephone number, facsimile number, electronic mail address of, and individual point of contact for, such electronic communication service provider or remote computing service provider; and

``(B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center.

``(2) FACTS OR CIRCUMSTANCES.--The facts or circumstances described in this paragraph are any facts or circumstances that appear to indicate a violation of--

``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography; or

``(B) section 1466A.

``(b) Contents of Report.--To the extent available to an electronic communication service provider or a remote computing service provider, each report under subsection (a)(1) shall include the following information:

``(1) INFORMATION ABOUT THE INVOLVED INDIVIDUAL.--Information relating to the Internet identity of any individual who appears to have violated a Federal law in the manner described in subsection (a)(2), which shall, to the extent reasonably practicable, include the electronic mail address, website address, uniform resource locator, or any other identifying information, including self-reported identifying information.

``(2) HISTORICAL REFERENCE.--Information relating to when any apparent child pornography was uploaded, transmitted, reported to, or discovered by the electronic communication service provider or remote computing service provider, as the case may be, including a date and time stamp and time zone.

``(3) GEOGRAPHIC LOCATION INFORMATION.--Information relating to the geographic location of the involved individual, hosting website, or uniform resource locator, which shall include the Internet Protocol Address or verified billing address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code. The in