-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

http://www.theregister.co.uk/000309-000011.html

Posted 09/03/2000 12:23pm by Thomas C. Greene in Washington
Janet Reno would curb press freedom on line
Constitutional protections of the press are getting in the way of
cyber-crime prosecutions and may have to be reconsidered, a
White House committee chaired by US Attorney General Janet
Reno believes.
"With the advent of the Internet and widespread computer use,
almost any computer can be used to 'publish' material. As a result,
the [Privacy Protection Act of 1980 (PPA)] may now apply to
almost any search of any computer," the committee's report
laments.
The act in question protects the freedom of American journalists,
scholars and writers to publish freely by prohibiting all law
enforcement agencies from searching for or seizing "any work
product materials" or any related "documentary
materials....possessed by a person....with a purpose to
disseminate to the public a newspaper, book, broadcast, or other
similar form of public communication," [42 U.S.C. �2000aa].
Under those circumstances, the Feds would be forced to find some
gizmo or technique to copy only those portions of a suspect
journalist's hard disk which might pertain to a crime, and do it
without interrupting the work in progress; or, failing that, rely on the
suspect himself to turn over the relevant files.
It's a formidable technical challenge, as the Feds must not seize,
or even examine, data meant for publication, and its supporting,
documentary information such as notes, transcripts and related
research materials.
The Reno Department of Justice (DoJ) apparently finds this an
intolerable burden, especially while the precious life of an innocent
child kidnapped by rogue chemistry professors could hang in the
balance.
"Because computers now commonly contain enormous data
storage devices, wrongdoers can use them to store material for
publication that the PPA protects while simultaneously storing
child pornography, stolen classified documents, or other
contraband or evidence of crime," the report warns.
We may joke about rogue professors, but we're only covering up
the chill we feel in contemplating the way Internet superstition and
Reno's relentless child-protective hype might give the Feds the
excuse they've been waiting for to do an end-run around the PPA.
It appears that this is exactly what Reno has in mind. "Features of
the Internet that make it different from prior technologies may
justify the need for changes in laws and procedures that govern the
detection and investigation of computer crimes," the committee
notes ominously.
The committee's report, "The Electronic Frontier: The Challenge of
Unlawful Conduct Involving the Use of the Internet" is due to be
released in final form this month. A draft copy obtained by Wired
News is available on line here.
It's a disturbing read. �



--
Kathleen

"One of the most striking differences between a cat and a lie is that a cat has only 
nine lives." --Mark Twain

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