Bye Bye WiFI?

The House of Representatives, in its rush to get home for the holidays, passed a bill that requires any provider of wireless service, i.e., a coffee shop, book store, airport, you (if you have a wireless router), upon learning “about the transmission or storage of information about an illegal image must (a) register their name, mailing address, phone number, and fax number with the National Center for Missing and Exploited Children's "CyberTipline" and (b) "make a report" to the CyberTipline that (c) must include any information about the person or Internet address behind the suspect activity and (d) the illegal images themselves. (Note that some reporting requirements already apply to Internet access providers under current law.)

“The definition of which images qualify as illegal is expansive. It includes obvious child pornography, meaning photographs and videos of children being molested. It also includes photographs of fully clothed minors in unlawfully ‘lascivious’ poses, and certain obscene visual depictions including a ‘drawing, cartoon, sculpture, or painting.’” Cnetnews.com.

They penalty for non-compliance is a $300,000.00 fine.

Not to get all legal on you; but, there’s a concept in legal review of laws suspected of infringing on constitutional rights, like those found in the First Amendment, called “over breadth” where the law is more expansive than it needs to be to protect a legitimate government interest such as suppression of child porn. Since ISP’s already have to make such reports is it necessary to create another cyber nanny in the form of Starbucks employees? Then too, there’s the practical matter of who in hell would download porn in a coffee shop?

The $300K fine brings up the concept of chilling effect. When under review for constitutionality, a law restricting speech is in trouble if it “chills” speech or creates a prior restraint. Starbucks writing a few big checks might create a chill on its WiFi service. The hell with figuring out what lasciviousness is and then putting the definition and what to do about it into the barista training program.

Who’s bill was this? Nick Lampson (D. Texas). Who are the only representatives to vote against it? Ron Paul (R. and part-time L. of Texas and Paul Broun (R. Georgia). The vote was 409 to 2.

So, next time you see some porn on the laptop near you, make sure you let the barista, book clerk or skycap know. It’s your civic duty according to an aide to Rep. Lampson, “all of us, have a civic and moral obligation to report these criminal acts that exploit and traumatize children.” Yep, and now we will have a legal duty if the Senate and the President sign on to this.

It’s funny, I just did a post about my conflict about de-criminalizing drugs and prostitution; now, I’m opposed to a law that could maybe cut down on child porn. Just no consistancy in me.