Tech.gov: Protecting Kids Online
Anush Yegyazarian, PC World

http://news.yahoo.com/s/pcworld/20060809/tc_pcworld/126666

In its continuing quest to protect children from harmful content (or 
contact) online, Congress has drafted a new bill. The House of 
Representatives approved the Deleting Online Predators Act of 2006 (H.R. 
5319) at the end of July, and it's now awaiting review by a Senate 
committee.

The law's goals are--as usual in cases like this--good ones. Congress 
wants to protect children who may be exposed to sexual predators while 
they're in a Web chat room with friends, or who may be preyed upon 
because they've divulged too much information, posted photos of 
themselves, or been lured into inappropriate conversations through a 
social networking site such as MySpace.

To achieve these goals, the proposed bill would require schools and 
libraries that receive a certain kind of federal funding to not only 
filter content (as they do now) but to restrict or outright prohibit 
children from going to commercial social networking sites and chat rooms 
on a publicly accessible computer. Congress's apparent intent is to help 
parents by providing some degree of supervision of their children's 
online activities while the kids are away from home.

I support the goals of this legislation, but I am concerned that it may 
be overly broad, and may wind up restricting access to sites with 
perfectly legitimate and harmless content.

The Senate has taken a separate action to protect children online via a 
provision in a massive telecommunications reform bill. The bill (H.R. 
5252) was passed by the House of Representatives in June but has since 
undergone significant revision in the Senate Committee on Commerce, 
Science, and Transportation. Its approach to child protection is more 
far reaching than that of DOPA, as it would set up a federal ratings 
system for all commercial Web sites and impose criminal penalties for 
violations. Depending on its implementation, it could cause serious 
problems--perhaps creating a chilling effect on speech--all over the 
Web. Because of the bill's complexity and its importance, I'll be 
focusing on it separately in my next column, which will also include 
discussion of its section on child protection.
Too Broad

DOPA would have the
Federal Communications Commission define chat rooms and commercial 
social networking sites to help libraries and schools screen potential 
hazards effectively. The bill does not give its own rules, but suggests 
that the FCC consider five main attributes: whether the site is offered 
by a commercial entity; whether users can create online profiles with 
detailed personal information; whether users can communicate with one 
another; whether a site "elicits highly personalized information" from 
its users; and whether users can create and share blogs.

The degree to which a site meets one or more of those criteria would 
presumably determine whether the site would be restricted. Let's leave 
aside the question of whether the government should be screening and 
reviewing Web sites at all, and see how the rules might work in practice.

PCWorld.com, for example, offers staff-posted blogs that allow users to 
post comments, and has introduced forums where registered users may 
communicate (both publicly and privately), create a profile, or add 
pictures to their posts. PCWorld.com is also a commercial Web site. It's 
unclear whether PCWorld.com's registration process qualifies as an 
effort to elicit highly personalized information from its users (though 
that doesn't seem likely). By the terms of the act, the only criterion 
to be defined as a social networking site that PCWorld.com clearly lacks 
is support for user-created blogs. Still, our Web site has three out of 
five features that might force schools and libraries to block it under 
the proposed law, depending on how the FCC ultimately chooses to define 
harmful sites.

Many other Web sites are in the same boat, as they offer features that 
could get them struck from the "allowed" list, yet are clearly not 
designed to foster the kind of instant friendship and intimacy that 
could potentially be most dangerous for kids.
Difficult Cases

Of course, any real examination of a site would also take into account 
the type of information discussed. The FCC is not going to ban a site 
for its members' discussion of computer news or Windows problems.

However, the bill doesn't actually say that. And it truly does create a 
burden for the FCC, schools, and libraries to painstakingly vet sites 
that are less clear-cut in their intentions than ones like PC World's.

Health advice sites, for example, could be more difficult to classify, 
especially if any of the discussion involves sexually transmitted 
diseases. And what about chat rooms that are meant to provide support 
for teens with
AIDS? Or even support sites for the families--including children--of 
alcoholics or people with cancer? These types of sites serve a 
legitimate function, but I would imagine that some of the conversations 
get highly personal and--given the nature of the discussion--could make 
participants vulnerable to predators. Should they, too, be blocked?

The bill would let authorized library or school personnel disable 
filters and restrictions when adults use the PC or when children use the 
PC for educational purposes (with adult supervision). Would the health 
sites mentioned above be considered educational? Would a child or teen 
who is having problems at home with, say, an alcoholic family member or 
friend feel comfortable asking a school or library worker to lift the 
restrictions so he or she could access a support site? Moreover, would 
that child be comfortable with whatever adult supervision might be required?

I'm less concerned about restrictions for purely social sites and chat 
rooms because I don't believe public schools and libraries have an 
obligation to provide children with access to such sites (adults who 
want to access them would be able to request a filter override).

Admittedly, however, I'm uncomfortable with the fact that minors who do 
not have a computer at home may be completely shut out of what is 
increasingly a normal part of social interaction for adolescents. It's 
also true that millions of children go online every day and are not 
targeted by predators. Those facts may argue for not having protective 
laws at all, especially given their potential for exacerbating the 
digital divide. But the grave harm that can result when children are 
targeted outweighs such considerations, in my opinion.
Educational Initiative

The act includes one other directive: education. The Federal Trade 
Commission (not the FCC) would be charged with sending out a consumer 
alert about the dangers to children from online predators who may lurk 
in chat rooms or on social networking sites. The agency would also be 
responsible for putting together a Web site with information for 
parents, teachers, and other interested parties on these dangers and 
what can be done to mitigate them.

I think that's a great idea. Parents need the information, as do 
teachers, school officials, and anyone else who deals with children.

H.R. 5319 would better meet its goals if it went a bit further and 
funded special sessions, led by local police or child protection 
experts, that would take place once or twice a year in public schools. 
Such sessions could teach children how to identify potential predators 
and give them tips on avoiding such people or getting themselves out of 
hazardous situations--in other words, helping the kids help themselves.

These presentations could be tailored to specific age groups and would 
allow older teens to be treated as such, instead of lumping children of 
all ages together without taking into account that an older child may be 
able to have--and should have, in my opinion--access to more information 
than a younger one. Moreover, this kind of directed, personal outreach 
could do more to bring a child's attention to the problem, and gain that 
child's cooperation, than filtering software, which may simply serve to 
arouse curiosity.

Protecting children is a worthy goal, and dangerous people do wait to 
pounce on unsuspecting kids who drift into chat rooms or who frequent 
social networking sites. This bill is a good first effort towards 
achieving that goal, but it needs better criteria for defining dangerous 
sites and a more hands-on educational component.

(For tips on making the Internet safer for your kids, check out this 
Internet Tips column from Scott Spanbauer.)


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