On Tuesday, Attorney General Alberto Gonzales told Congress that it should require Internet Service Providers to keep customer records because prosecutors need them to fight child pornography. Gonzales admits that there might be some concern for customer’s privacy but he’s only thinking of the children and child pornography is a growing threat on the Internet. He goes on to tell us that the government’s biggest obstacle to catching these freaks is because they have little or no access to customer data from ISPs. He wants to force ISPs to retain data, most likely for two years or more, so that the government can then return to that data after they have obtained the proper subpoenas and other legal qualifications. Most ISPs today only retain their data for a few days and sometimes up to one year.
While many ISPs fear legislation, they are also afraid of what could happen, especially after the Justice Department took Google to court earlier this year. Others, like Verizon, seeminly readily turned over their data to the government without warrants, prompting civil liberty groups to sue them.
There are several problems with this proposed new legislation. Gonzales wants this law now, not later. That means no studies, no committees, no sub-committees while we trample on and toss out the Constitution. It’s just a piece of paper after all, isn’t it? If this happens, we’ll be halfway down the slippery slope to fascism.
Now, before people get on the “I have nothing to hide” bandwagon, I want to state that, in general, I have nothing to hide. Sure, there’s things I don’t want people to know about my life. We all have things like that. This is not the point. What I do with my life is my business. The government doesn’t need to know that I read Slashdot ten times a day. They don’t need to know that I might feel the need to run down the street naked with green jello all over my body, reading Playboy magazine. If I’m not breaking the law, you don’t need access to any part of my life. Currently, you need a subpoena to search my home, my car, and my property. Making their job easier by leaving my surfing habits just lying around is not what government prosecutions should be about and can make me appear guilty even though I am not. If this becomes a law, I’ll be using a VPN network and they will never know what I do.
If this is passed into law, prepare to see several attacks on members of Congress via their email to prove a point. Under this law, to look at this perverted crap will automatically mean you’re guilty. Look up the Child Pornography Prevention Act of 1996. Mandatory minimum sentence of 15 years. The law doesn’t want to hear that you clicked on that picture on accident. You’re a pervert and your life is over. And I don’t want to hear the government is immune. If this is law, I want to see full disclosure of Gonzales’ search records. After all, he’s got nothing to hide, right?
This proposed law will have the same effect of the crackdown on the erotic binary newsgroups of the late 1990s. Instead of catching only the child pornographers who posted the photos, they caught many people who accidentally clicked on other things. Sure, they got some perverts but they also arrested many people who simply blindly clicked “download all new articles,” or “look at my car” type posts that were really porn. The government has proved many times before that they cannot distinguish between guilty and not-guilty-but-likes-to-look-at-naked-women.
This proposed law also cannot be verified currently because it is against the law to do research into how much child porn is really out there. The government has told us that new material keeps increasing while, on the other hand, they tell us that it’s the same stuff that’s been circulating for 20-30 years. The government also keeps their own stash of child porn and rigorously prosecutes anyone stupid enough to download from their caches. As of now, there is no way to accurately verify how much child pornography is out there and how much is new each month.
While I am all for catching the distributors of child porn and stringing them up by their balls, we all know that these freaks don’t download, masterbate, delete file. Child porn is hard to come by. I don’t know where to get it and I’ve never seen it other than what’s depicted on Law and Order: SVU. There’s no way these perverts are going to delete it once they do find it. You want to catch them? You don’t need this law! Get a court order and sniff their packets, look at their computers, and tap their phones. They are in constant need of a new fix. They aren’t going to be the people who accidentally downloaded this and deleted it. When the cops come to search their homes, they’ll find it on their computer, in the closet, under the bed, in the garage, etc., providing many more leads for more packet sniffing and more court orders. The authorities can also get court orders for the distributors and you will automatically have your lists for the perverts repeatedly downloading the child porn.
If the authorities did these things, then there would be no reason to continue to keep records as long as they claim they need them for. This is a cover story so that you will allow your own rights to be violated under the guise of protecting the children. If protecting the children were the real goal of this law, it would have been written solely to limit all searches of the subpoena to only child porn cases. They will name this law “Protecting the Children Act 2006” or something silly like that. No member of Congress will want to vote against it and be seen in their next re-election campaign as defending the rights of child pornographers. Think it can’t happen? Take a look at REAL-ID. Most in Washington had no idea what it was until it was too late. They thought they were voting for the military spending bill and didn’t know this was attached to it.
What it boils down to is that Gonzales wants to prosecute the people who download the child pornography and not the main distributors. The perverts looking at the child pornography are not the ones harming the children, the ones producing the content are. These are the people the government should be after! This proposed law is, simply, a way to continue the government’s data retention of its citizens and expand the already controversial domestic spying programs. It’s simply wrapped in a container that the common people can swallow. It already failed when he wrapped it in the terrorism pill and he now thinks the child porn pill is easier to take.
I want to know, will this law only ever be used just for child porn (it’s not written that way so how can we know) or will it be used in the future to harass people who don’t think like the current government in power? Is there hard data proving that ISP data retention will eliminate child pornography or result in serious prison terms for the offenders? Please prove to me why I should give up more of my rights under the Constitution to allow such a law to be passed?
How long before regular pornography, eroticism and those naked photos of me as a baby are deemed illegal as well? Child pornography is not a good enough cause to render the entire Internet under surveillance. It’s a fine line on that slippery slope and we should take heed when walking it.

