NETWORK WORLD NEWSLETTER: GIBBS & BRADNER
09/23/04

Dear [EMAIL PROTECTED],

In this issue:

* Net Insider columnist Scott Bradner finds that lawmakers 
��frequently think it's more important to do something than to do 
��something useful
* Links related to Gibbs & Bradner
* Featured reader resource
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Today's focus:  Simple solutions are often wrong

By Scott Bradner

One of the longest-running problems with the Internet is the 
assumption by too many people that it is simpler to control than 
it is. This problem manifests itself in many ways but shows up 
most reliably when lawmakers try to write legislation covering 
the Internet. Almost always the laws are atheistic in regard to 
the way the Internet works.

The laws demand that someone do something that cannot be done or 
only can be done by significantly changing the network itself or 
by affecting far more people than the law is intended to impact. 
An example of the latter was the subject of a federal district 
court decision on Sept. 10 ( 
<http://www.nwfusion.com/nlgibrad654> ). In this case, as it has 
been in a number of others, the court seems far more willing to 
think than lawmakers do.

In 2002, Pennsylvania adopted the Internet Child Pornography Act 
( <http://www.nwfusion.com/nlgibrad655> ). This act required 
ISPs to "remove or disable access to child pornography items 
residing on or accessible through its service in a manner 
accessible to persons located within this commonwealth within 
five business days" of when the ISP was notified by the 
Pennsylvania attorney general. This must have sounded like an 
easy thing for an ISP to do to the Pennsylvania lawmakers, but 
that is not the case.

That requirement might not be that hard to meet for child porn 
residing on an ISP's own servers because the service provider 
could just remove the bad content. Things got much harder if the 
content was somewhere outside the ISP's reach. In those cases 
the ISP needed to block the bad content based on the IP address 
or URL that the attorney general provided to the ISP. But it's 
not easy to block just the bad content because of the 
capabilities of today's equipment and because of the realities 
of ISP operations.

At first glance it might seem an ISP easily could meet the law's 
requirements by blocking access only to the IP address or by 
tweaking its routing tables and blocking the URL by tweaking its 
name servers. But these techniques will have significant side 
effects because many Web sites can share the same IP address or 
domain name. Blocking access to an IP address can block as many 
as a half-million Web sites. In fact, during the time that this 
law was in effect the attorney general asked ISPs to block 
access to about 400 sites based on the claim that child porn was 
present. This resulted in the ISPs blocking access to as many as 
1.6 million innocent Web sites. This side effect didn't seem to 
bother the attorney general. The Pennsylvania attorney general 
was sued over the less-than-limited impact of the blocking and 
other issues. A U.S. federal court has just ruled that the act 
violates the Constitution for a number of reasons, including the 
wholesale blocking of innocent Web sites. The court's decision 
is very clearly written and carefully reasoned, descriptors that 
cannot be applied to the act itself.

Child porn is and deserves to be illegal everywhere. But that 
doesn't mean lawmakers should disregard technical reality when 
trying to control it. The Pennsylvania act did nothing to limit 
child porn - instead it hurt innocent bystanders and again 
demonstrated that lawmakers frequently think it's more important 
to do something than to do something useful.

Disclaimer: I don't know if Harvard's JFK School of Government 
has a class in technical reality, but I hope so. In any case the 
above is my own view.

Bradner is a consultant with Harvard University's University 
Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]>.
_______________________________________________________________
To contact: Scott Bradner

Bradner is a consultant with Harvard University's University 
Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]>
_______________________________________________________________
This newsletter is sponsored by Alterpoint 

Read the latest analyst report on Network Change and 
Configuration Management (NCCM) written by EMA's Dennis 
Drogseth.  This report discusses the latest developments in the 
NCCM market, including an in-depth look at DeviceAuthority 
Suite, a comprehensive solution for configuring, changing, and 
controlling today's complex, multi-vendor IT network 
infrastructures.   Download the report today to learn how you 
can leverage NCCM to reduce the cost and complexity of managing 
network change. 
http://www.fattail.com/redir/redirect.asp?CID=81340 
_______________________________________________________________
ARCHIVE LINKS

Gibbs archive:
http://www.nwfusion.com/columnists/gibbs.html

Bradner archive:
http://www.nwfusion.com/columnists/bradner.html
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FEATURED READER RESOURCE
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of the greatest challenges to companies' corporate reporting and 
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Kamens is meeting the requirement for having a properly audited 
system of internal controls and processes is in place by 
November. Click here
<http://www.nwfusion.com/news/2004/092004yourtakethermo.html?ts>
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