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ISPs will NOW spy on you, new US law, SAFE Act passes Senate

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ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 3:56 pm

SAFE Act passes Senate, about to become law

Just a day after getting ISPs to back off to spy via ads, congress will force them to spy "for the children".


I guess I'll post this here since it looks like I can, I don't think I can submit this for the process of posting the way it is now (haven't been here for a while), I'm my own news source for this story.



I've been watching congress on C-SPAN all week, mainly because it's the end of session, and this is when the scum of both parties launched their all out assault on the constitution when noone is paying attention, but also this "bail-out" ping-ponging, but because of that matter, noone is paying attention to any of the controversial bills that might and have passed in the wake of not being noticed.

Sen. Orin Hatch's SAFE Act is one of them, it just passed last night by unanimous consent (voice vote) as a rider attached to a funding bill for child predators that some might of heard of due to the hoopla Oprah made about it, due to Sen. Coburn holding it up, he was not going to allow the bill, that mostly funds, but also creates new DoJ offices and rewrites some of the 2256 USC restrictions, but would have passed simply as that, if the Democrats, but particularly Harry Reid didn't also include the SAFE Act into the bill as well, which already passed the House as a stand alone bill last year, and now the bill gets ping ponged back to the House where their is no obvious objections, the SAFE Act did pass with only two voting against last year, and is lined up for today's schedule when they get to pass some bills by suspension of the rules, which means no debate, unless you call 20 minutes of open praise "debate", and no chance for amendment, nor is anyone looking to change it, the most conservatives of both parties got what they wanted in by what Coburn got accomplished, leading to another court showdown on its constitutionality, like COPA, which alot of people nicknamed this bill last year "COPA II", it once again has provisions claims that drawing can not only be "obscene", but can have an age of a character, the anime/hentai communiy was all up in arms about it last year, but right now... right now, I think I'm the only one, sans a few others that known that is has passed and is about to be law.

It passed late last night by voice vote in the Senate, only Sen Durbin was the only one left in the Senate, and he asked for this to be passed with the SAFE Act attached.

If you want more confirmation, well, since no media sources have picked this up yet, and probably won't until its too late and becomes law, go to the Library of Congress's website (THOMAS search engine) and type in the bill :

(you can't link to search string on THOMAS)

S. 1738, then go to the "All amendments" section and then click on the bottam of the page where it says : "S.AMDT.5650", then from there, click on where it says : "S9535-9541" near the top of the page, then click on "Page: S9539" near the bottam of the page, and that's where it shows the last section of the bill before the Biden amendment, which is the amendment that passed as a rider to this last night, even though it was Coburn that got his way, Biden wants to take the credit instead of passing Coburn's S. 3344, which was already the two bills bundled together, then read all the way through the next pages to the end, all that was bad about the SAFE Act, from the ISPs forced to spy and report things including acts of obscenity, whether they are of age of not, and any drawing or expression of art, sculpture, etc, by ways and means of having to report anything that violates "section 1466A."

Anime/hentai falls under this, as well as even someone's artwork, if I draw Bart Simpson doing something lewd or obscene, which depending on the local community can include just flipping off the viewer, well, your ISP will be forced to report you, or face $150,000 to $300,000.

I haven't read through all the language just yet, but I can't find so far if there is the language in it that would force people with open wi-fi connections be accountable for someone else using them, even without their consent.

Please pass this on to various news sources and other outlets of information, this isn't being reported, it's being passed by stealth, and it'll be to late, it might just be law by weekend.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby MrFredPFL » Fri Sep 26, 2008 4:23 pm

could you do me a favor and define "forced to spy" in this context? as much as i'd love to look thru the bill's language, i am on dialup, and that can be an extremely time-consuming task. i'd appreciate it if you could specify what you mean by forced to spy. are they required to inspect all content on their network themselves, or are they merely required to report anything they have become aware of, as, for example, when someone points something out to them.

also, could you please paste section 1466A (assuming it's not ridiculously long) ? thanks :)
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby hybrid-god » Fri Sep 26, 2008 4:29 pm

as much as i'd love to look thru the bill's language, i am on dialup, and that can be an extremely time-consuming task.


:lol: :lol: :lol: :lol: :lol:

You are a barrel of laughs FRED! Your comment just took the seriousness out of this conspiracy type story! :toast:
"Corrupting all of humanity"
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby Wham » Fri Sep 26, 2008 5:33 pm

This kind of stuff scares the hell out of me. The US is becomming a Socialist State just like the USSR was. That's not what I fought for when I did my time in the military service.
The ISP's won't be spying on me because I will drop my ISP like a hot potato. So long internet!! This will probably be my last post which most here at Slyck will not be upset about. Nobody cared to much for my posts anyway.
At any rate if it is my last post, thank's Slyck for giving me the chance to spout off and good luck to all who read this.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby MrFredPFL » Fri Sep 26, 2008 6:03 pm

i for one would be sorry if this did prove to be your last post, wham.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby Paladwyn » Fri Sep 26, 2008 7:03 pm

No..there is only a few people that tend to stick their foot in their mouths when they post, I can't recall seeing too much negative coming from you.

I, on the other hand...seem to attract Fred's attention all the time :P It's actually good to have that though, it keeps Slyck honest...for the most part.
Don't roll your chair backwards, you might run over my foot.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby chainmail » Fri Sep 26, 2008 7:13 pm

There's a lot of "snitch laws" on the books, and this would be far from the first.

For instance, doctors, counselors, teachers, and people many other professions are required by law to report all suspected "child abuse" to authorities, even if this might be only the sort of discipline that was considered normal a generation or two ago.

It might seem strange that even though you might be paying a psychiatrist or psychologist a fortune for what seems like private sessions, the fact remains that these people are in reality agents of the government, no matter what promises of confidentiality they might make to elicit a confession.

About the last remaining group that can still get away with confidentiality is Catholic priests. Everyone else is forced by law to rat you out.

It's unknown how many people with mental/emotional problems, such as a violent temper, avoid seeking professional help for this reason alone.

But back to these internet spying/anti-privacy laws, I think the offshore proxy/VPN business might do very well in response.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby Wham » Fri Sep 26, 2008 7:56 pm

I fooled you again Mr. Fred, but this may be my last post. You keep on truckin' Mr. Fred, you are on a roll. Doing good, even though I dissagree with just about every thing you say or have ever said.
I have only one question for those who might want to ponder the subject. Ah yes, Mr. Fred this includes you.

Why in the world would anybody want to pay some company (ISP) so that said company could spy upon you?

I did without the internet for most of my life and I am sure I can do without it the rest of my life, if that's what the Congress of the US wishes and a duped President goes along with.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 9:32 pm

Hey, I'm back with some more info and insight. Some links.

Any thoughts on how ISPs, or certain websites like social networking sites are going be able to comply with these new draconian regs?

They do require reporting not only to the governmetn, but to third party non for profit groups, and only what the ISP mat suspect be illegal, buy the 2256, and 1466A and other guidelines the bill calls for, how is anyone who operates an internet company and not a law enforcer know what to rightly report without false positives and havign the gov't end up investigating soemone who just like porn, legal porn, and have their fourth amendment rights trampled onby their ISP now, simply because they don't want to pay the exhorbanant amount of money.


Anyways, found some sites that mention it, CNET doesn't seem like they know yet what's in the bill fully, while the guardian looks lik they know whats up, but don't go on to get ISPs side of it, or their customers who's fourtj amendment rights die because of this bill

CNET


http://www.guardian.co.uk/world/feedarticle/7831093
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 9:43 pm

MrFredPFL wrote:could you do me a favor and define "forced to spy" in this context? as much as i'd love to look thru the bill's language, i am on dialup, and that can be an extremely time-consuming task. i'd appreciate it if you could specify what you mean by forced to spy. are they required to inspect all content on their network themselves, or are they merely required to report anything they have become aware of, as, for example, when someone points something out to them.

also, could you please paste section 1466A (assuming it's not ridiculously long) ? thanks :)



Okay... I'll see what I can do for you... I'd post direct links to the bill on the Senate's or House's or congress's rrecords, but they don't have permalinks, was you go a link or more into a query, but to get a scope of how bad the SAFE Act is and how it infringes on right of privacy, and not to metion it really isn't workable for ISPs to monitor everyone everywhere in realtime, which is what this bill is calling for, I'll point you to a good write up on the bill from last year when it first passed the House (this was the Senate that passes in yesterday, and the House will take up and pass the Senate bill, identical language tommorrow)


http://news.cnet.com/8301-13578_3-9829759-38.html


December 5, 2007 5:47 PM PST
House vote on illegal images sweeps in Wi-Fi, Web sites
Posted by Declan McCullagh


The U.S. House of Representatives on Wednesday overwhelmingly approved a bill saying that anyone offering an open Wi-Fi connection to the public must report illegal images including "obscene" cartoons and drawings--or face fines of up to $300,000.

That broad definition would cover individuals, coffee shops, libraries, hotels, and even some government agencies that provide Wi-Fi. It also sweeps in social-networking sites, domain name registrars, Internet service providers, and e-mail service providers such as Hotmail and Gmail, and it may require that the complete contents of the user's account be retained for subsequent police inspection.

Before the House vote, which was a lopsided 409 to 2, Rep. Nick Lampson (D-Texas) held a press conference on Capitol Hill with John Walsh, the host of America's Most Wanted and Ernie Allen, head of the National Center for Missing and Exploited Children.


Read all the comments left, over 129, most of them in opposition to this bill as unworkable, and ripe with pitfalls, and legal entanglements. The ISPs weren't even notified when that bill first surfaced last year, and now that it is back and about to pass, I haven't seen any speak out yet on this, I'm not sure if they have been notified yet that it's back.

Here, I think I can post you the main page 's link on congress's website of the bill, but you'd still have to follow the same instruction above.

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01738:

Let me see if I can post the language, it's spread anong several pages, I'll do that in the next post.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby Ashibael » Fri Sep 26, 2008 9:46 pm

Yet another unconstitutional law, that will be overturned as soon as it goes to the federal courts or even state courts. Move along people..... there is nothing to see here but smoke, not even a small fire.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 9:50 pm

TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.

(a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2258 the following:

``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.

``(a) Duty to Report.--

``(1) IN GENERAL.--Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible--

``(A) provide to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, the mailing address, telephone number, facsimile number, electronic mail address of, and individual point of contact for, such electronic communication service provider or remote computing service provider; and

``(B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center.

``(2) FACTS OR CIRCUMSTANCES.--The facts or circumstances described in this paragraph are any facts or circumstances from which there is an apparent violation of--

``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography; or

``(B) section 1466A.

``(b) Contents of Report.--To the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider, the facts and circumstances included in each report under subsection (a)(1) may include the following information:

``(1) INFORMATION ABOUT THE INVOLVED INDIVIDUAL.--Information relating to the identity of any individual who appears to have violated a Federal law described in subsection (a)(2), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other identifying information, including self-reported identifying information.

``(2) HISTORICAL REFERENCE.--Information relating to when and how a customer or subscriber of an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and how apparent child pornography was reported to, or discovered by the electronic communication service provider or remote computing service provider, including a date and time stamp and time zone.

``(3) GEOGRAPHIC LOCATION INFORMATION.--

``(A) IN GENERAL.--Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified billing address, or, if not reasonably available, at least 1 form of geographic identifying information, including area code or zip code.

``(B) INCLUSION.--The information described in subparagraph (A) may also include any geographic information provided to the electronic communication service or remote computing service by the customer or subscriber.

``(4) IMAGES OF APPARENT CHILD PORNOGRAPHY.--Any image of apparent child pornography relating to the incident such report is regarding.

``(5) COMPLETE COMMUNICATION.--The complete communication containing any image of apparent child pornography, including--

``(A) any data or information regarding the transmission of the communication; and

``(B) any images, data, or other digital files contained in, or attached to, the communication.

``(c) Forwarding of Report to Law Enforcement.--

``(1) IN GENERAL.--The National Center for Missing and Exploited Children shall forward each report made under subsection (a)(1) to any appropriate law enforcement agency designated by the Attorney General under subsection (d)(2).

``(2) STATE AND LOCAL LAW ENFORCEMENT.--The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to an appropriate law enforcement official of a State or political subdivision of a State for the purpose of enforcing State criminal law.

``(3) FOREIGN LAW ENFORCEMENT.--

``(A) IN GENERAL.--The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to any appropriate foreign law enforcement agency designated by the Attorney General under subsection (d)(3), subject to the conditions established by the Attorney General under subsection (d)(3).

``(B) TRANSMITTAL TO DESIGNATED FEDERAL AGENCIES.--If the National Center for Missing and Exploited Children forwards a report to a foreign law enforcement agency under subparagraph (A), the National Center for Missing and Exploited Children shall concurrently provide a copy of the report and the identity of the foreign law enforcement agency to--

``(i) the Attorney General; or

``(ii) the Federal law enforcement agency or agencies designated by the Attorney General under subsection (d)(2).

``(d) Attorney General Responsibilities.--

``(1) IN GENERAL.--The Attorney General shall enforce this section.

``(2) DESIGNATION OF FEDERAL AGENCIES.--The Attorney General shall designate promptly the Federal law enforcement agency or agencies to which a report shall be forwarded under subsection (c)(1).

``(3) DESIGNATION OF FOREIGN AGENCIES.--The Attorney General shall promptly--

``(A) in consultation with the Secretary of State, designate the foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3);

``(B) establish the conditions under which such a report may be forwarded to such agencies; and

``(C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3).

``(4) REPORTING DESIGNATED FOREIGN AGENCIES.--The Attorney General shall maintain and make available to the Department of State, the National Center for Missing and Exploited Children, electronic communication service providers, remote computing service providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3).

``(5) SENSE OF CONGRESS REGARDING DESIGNATION OF FOREIGN AGENCIES.--It is the sense of Congress that--

``(A) combating the international manufacturing, possession, and trade in online child pornography requires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies; and

[Page: S9540] GPO's PDF

``(B) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under paragraph (3).

``(6) NOTIFICATION TO PROVIDERS.--If an electronic communication service provider or remote computing service provider notifies the National Center for Missing and Exploited Children that the electronic communication service provider or remote computing service provider is making a report under this section as the result of a request by a foreign law enforcement agency, the National Center for Missing and Exploited Children shall--

``(A) if the Center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the Attorney General under paragraph (3), notify the electronic communication service provider or remote computing service provider of--

``(i) the identity of the foreign law enforcement agency to which the report was forwarded; and

``(ii) the date on which the report was forwarded; or

``(B) notify the electronic communication service provider or remote computing service provider if the Center declines to forward the report because the Center, in consultation with the Attorney General, determines that no law enforcement agency in the foreign country has been designated by the Attorney General under paragraph (3).

``(e) Failure to Report.--An electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection (a)(1) shall be fined--

``(1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and

``(2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000.

``(f) Protection of Privacy.--Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to--

``(1) monitor any user, subscriber, or customer of that provider;

``(2) monitor the content of any communication of any person described in paragraph (1); or

``(3) affirmatively seek facts or circumstances described in sections (a) and (b).

``(g) Conditions of Disclosure Information Contained Within Report.--

``(1) IN GENERAL.--Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (c) shall not disclose any information contained in that report.

``(2) PERMITTED DISCLOSURES BY LAW ENFORCEMENT.--

``(A) IN GENERAL.--A law enforcement agency may disclose information in a report received under subsection (c)--

``(i) to an attorney for the government for use in the performance of the official duties of that attorney;

``(ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions;

``(iii) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law;

``(iv) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law;

``(v) to a defendant in a criminal case or the attorney for that defendant, subject to the terms and limitations under section 3509(m) or a similar State law, to the extent the information relates to a criminal charge pending against that defendant;

``(vi) subject to subparagraph (B), to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and

``(vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.

``(B) LIMITATIONS.--

``(i) LIMITATIONS ON FURTHER DISCLOSURE.--The electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph (A)(vi) to any person, except as necessary to respond to the legal process.

``(ii) EFFECT.--Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service.

``(3) PERMITTED DISCLOSURES BY THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.--The National Center for Missing and Exploited Children may disclose information received in a report under subsection (a) only--

``(A) to any Federal law enforcement agency designated by the Attorney General under subsection (d)(2);

``(B) to any State, local, or tribal law enforcement agency involved in the investigation of child pornography, child exploitation, kidnapping, or enticement crimes;

``(C) to any foreign law enforcement agency designated by the Attorney General under subsection (d)(3); and

``(D) to an electronic communication service provider or remote computing service provider as described in section 2258C.

``(h) Preservation.--

``(1) IN GENERAL.--For the purposes of this section, the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as a request to preserve, as if such request was made pursuant to section 2703(f).

``(2) PRESERVATION OF REPORT.--Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) for 90 days after such notification by the CyberTipline.

``(3) PRESERVATION OF COMMINGLED IMAGES.--Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve any images, data, or other digital files that are commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory.

``(4) PROTECTION OF PRESERVED MATERIALS.--An electronic communications service or remote computing service preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access by agents or employees of the service to the materials to that access necessary to comply with the requirements of this subsection.

``(5) AUTHORITIES AND DUTIES NOT AFFECTED.--Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703.

``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN NAME REGISTRAR.

``(a) In General.--Except as provided in subsection (b), a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar, including any director, officer, employee, or agent of such electronic communication service provider, remote computing service provider, or domain name registrar arising from the performance of the reporting or preservation responsibilities of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 2258A, or section 2258C may not be brought in any Federal or State court.

``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) shall not apply to a claim if the electronic communication service provider, remote computing service provider, or domain name registrar, or a director, officer, employee, or agent of that electronic communication service provider, remote computing service provider, or domain name registrar--

``(1) engaged in intentional misconduct; or

``(2) acted, or failed to act--

``(A) with actual malice;

``(B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or

``(C) for a purpose unrelated to the performance of any responsibility or function under this section, sections 2258A, 2258C, 2702, or 2703.

``(c) Minimizing Access.--An electronic communication service provider, a remote computing service provider, and domain name registrar shall--

``(1) minimize the number of employees that are provided access to any image provided under section 2258A or 2258C; and

``(2) ensure that any such image is permanently destroyed, upon a request from a law enforcement agency to destroy the image.

``SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS RELATING TO IMAGES REPORTED TO THE CYBERTIPLINE.

``(a) Elements.--

``(1) IN GENERAL.--The National Center for Missing and Exploited Children may provide elements relating to any apparent child pornography image of an identified child to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images.

``(2) INCLUSIONS.--The elements authorized under paragraph (1) may include hash values or other unique identifiers associated with a specific image, Internet location of images, and other technological elements that can be used to identify and stop the transmission of child pornography.

``(3) EXCLUSION.--The elements authorized under paragraph (1) may not include the actual images.

``(b) Use by Electronic Communication Service Providers and Remote Computing Service Providers.--Any electronic communication service provider or remote computing service provider that receives elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children under this section may use such information only for the purposes described in this section, provided that such use shall not relieve that electronic communication service provider or remote computing service

[Page: S9541] GPO's PDF

provider from its reporting obligations under section 2258A.

``(c) Limitations.--Nothing in subsections (a) or (b) requires electronic communication service providers or remote computing service providers receiving elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children to use the elements to stop the further transmission of the images.

``(d) Provision of Elements to Law Enforcement.--The National Center for Missing and Exploited Children shall make available to Federal, State, and local law enforcement involved in the investigation of child pornography crimes elements, including hash values, relating to any apparent child pornography image of an identified child reported to the National Center for Missing and Exploited Children.

``(e) Use by Law Enforcement.--Any Federal, State, or local law enforcement agency that receives elements relating to any apparent child pornography image of an identified child from the National Center for Missing and Exploited Children under section (d) may use such elements only in the performance of the official duties of that agency to investigate child pornography crimes.

``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

``(a) In General.--Except as provided in subsections (b) and (c), a civil claim or criminal charge against the National Center for Missing and Exploited Children, including any director, officer, employee, or agent of such center, arising from the performance of the CyberTipline responsibilities or functions of such center, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773), or from the effort of such center to identify child victims may not be brought in any Federal or State court.

``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) shall not apply to a claim or charge if the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of such center--

``(1) engaged in intentional misconduct; or

``(2) acted, or failed to act--

``(A) with actual malice;

``(B) with reckless disregard to a substantial risk of causing injury without legal justification; or

``(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773).

``(c) Ordinary Business Activities.--Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management.

``(d) Minimizing Access.--The National Center for Missing and Exploited Children shall--

``(1) minimize the number of employees that are provided access to any image provided under section 2258A; and

``(2) ensure that any such image is permanently destroyed upon notification from a law enforcement agency.

``SEC. 2258E. DEFINITIONS.

``In sections 2258A through 2258D--

``(1) the terms `attorney for the government' and `State' have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;

``(2) the term `electronic communication service' has the meaning given that term in section 2510;

``(3) the term `electronic mail address' has the meaning given that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702);

``(4) the term `Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note);

``(5) the term `remote computing service' has the meaning given that term in section 2711; and

``(6) the term `website' means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.''.

(b) Technical and Conforming Amendments.--

(1) REPEAL OF SUPERCEDED PROVISION.--Section 227 of the Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.

(2) TECHNICAL CORRECTIONS.--Section 2702 of title 18, United States Code, is amended--

(A) in subsection (b)(6), by striking ``section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and inserting ``section 2258A''; and

(B) in subsection (c)(5), by striking ``section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and inserting ``section 2258A''.

(3) TABLE OF SECTIONS.--The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2258 the following:

``2258A. Reporting requirements of electronic communication service providers and remote computing service providers.

``2258B. Limited liability for electronic communication service providers and remote computing service providers.

``2258C. Use to combat child pornography of technical elements relating to images reported to the CyberTipline.

``2258D. Limited liability for the National Center for Missing and Exploited Children.

``2258E. Definitions.''.

SEC. 502. REPORTS.

(a) Attorney General Report on Implementation, Investigative Methods and Information Sharing.--Not later than 12 months after the date of enactment of this Act, the Attorney General shall submit a report to the Committee on the Judiciary of Senate and the Committee on the Judiciary of the House of Representatives on --

(1) the structure established in this Act, including the respective functions of the National Center for Missing and Exploited Children, Department of Justice, and other entities that participate in information sharing under this Act;

(2) an assessment of the legal and constitutional implications of such structure;

(3) the privacy safeguards contained in the reporting requirements, including the training, qualifications, recruitment and screening of all Federal and non-Federal personnel implementing this Act; and

(4) information relating to the aggregate number of incidents reported under section 2258A(b) of title 18, United States Code, to Federal and State law enforcement agencies based on the reporting requirements under this Act and the aggregate number of times that elements are provided to communication service providers under section 2258C of such title.

(b) GAO Audit and Report on Efficiency and Effectiveness.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall conduct an audit and submit a report to the Committee on the Judiciary of the Senate and to the Committee on the Judiciary of the House of Representatives on--

(1) the efforts, activities, and actions of the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline, and the Attorney General in achieving the goals and purposes of this Act, as well as in carrying out any responsibilities or duties assigned to each such individual or agency under this Act;

(2) any legislative, administrative, or regulatory changes that the Comptroller General recommends be taken by or on behalf of the Attorney General to better achieve such goals and purposes, and to more effectively carry out such responsibilities and duties;

(3) the effectiveness of any actions taken and efforts made by the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline and the Attorney General to--

(A) minimize duplicating the efforts, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of child pornography crimes; and

(B) enhance the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or prosecute child pornography crimes , including the use of existing personnel, materials, technologies, and facilities; and

(4) any actions or efforts that the Comptroller General recommends be taken by the Attorney General to reduce duplication of efforts and increase the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or prosecute child pornography crimes.

SEC. 503. SEVERABILITY.

If any provision of this title or amendment made by this title is held to be unconstitutional, the remainder of the provisions of this title or amendments made by this title--

(1) shall remain in full force and effect; and

(2) shall not be affected by the holding.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 10:01 pm

Ashibael wrote:Yet another unconstitutional law, that will be overturned as soon as it goes to the federal courts or even state courts. Move along people..... there is nothing to see here but smoke, not even a small fire.



I wouldn't be so sure about that.

True, if it goes to one of the few more progressive thinking circuit courts, they may overturn it, but that's not the end of its ride, the DoJ will surely appeal, and it'll go straight to the Supreme court, and when was the last time SCOTUS overturned a law as unconstitutional? Maybe the DC gun ban is the only thing of recent that pops up in my mind, and maybe the detainee bill, but most other cases under the Roberts court have been 5-4 decisions upholding laws congress passes, and not always the current congress, they have revisited laws that were passed decades ago and upheld them, that's usually what a conservative court like the one we have now goes, if O'Connor hadn't retired, maybe things would be different.

And this journey from passage to overturning if it does happen doesn't happen over night, and the only way this law wouldn't be enforced while waiting for the trial for this law to work its way out, is if the plantiffs got a stay, and that takes a trial all its own, all be it shorter... hell, the FreeSpeach Coalition is still fighting 2257 regs in court, with a few victories and a tie behind them, the government keeps appealing when they loose, and right now that case is in a holding pattern.

Meanwhile, to go to court, you need a plantiff, and I haven't seen one yet, I haven't seen what any of the websites and ISPs affected by this bill are planning of doing as of yet, no public statements.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby MrFredPFL » Fri Sep 26, 2008 10:06 pm

thanks for that, protector :)

at first glance, it looks to me like it doesn't require them to monitor anything, but merely to report things they become aware of. to me, there's a big difference between that and compulsory spying. i'll get to the entire text in a while.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby velatire » Fri Sep 26, 2008 10:20 pm

For example, if I have an AT&T repair guy in my house and he notices hundreds of DVDs and utorrent downloading a crap load of stuff, he would have to report it? (Hypothetically)
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 10:31 pm

fischju wrote:For example, if I have an AT&T repair guy in my house and he notices hundreds of DVDs and utorrent downloading a crap load of stuff, he would have to report it? (Hypothetically)



I wouldn't be surprised if allowed, they (DoJ) would stretch it that far, though, this is technically suppose to be about underage material, but the way certain parts of the bill are written, well, ISPs could defiantly be forced to report "obscenity" cases of adult sexual material that violates that ISP's local community standards on "obscene", there isn't any specific language for infringement cases, although I haven't read through all of the recent Leahy bill, pro-IP bill, so I don't know if there is any interconnections, but I still would feel that your scenario wouldn't be covered because its talking about providers montioring the traffic on their own network, which would be the torrent traffic, but again, nothing specific about infringement, but I'd imagine it has no impact on someone coming into your physical space, even a repairperson, and noting your burnt DVDs.

Yet.

Give them time, and they might work on that too, I know that one of the Homeland Security bills that passed a couple of years ago gave authority for firefighters to search you possessions and propety without probable cause, and they've been training them the process of doing it.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Fri Sep 26, 2008 10:54 pm

MrFredPFL wrote:thanks for that, protector :)

at first glance, it looks to me like it doesn't require them to monitor anything, but merely to report things they become aware of. to me, there's a big difference between that and compulsory spying. i'll get to the entire text in a while.



That's what it first looks like, but there are areas they get into where the only way you can be surethat you have material that needs to be turned over is to breech some privacy, and on top of that, what you are staing is currently law, which brings further to why they are doing this, it is current law the ISPs must report illegal images/material, and if they don't they are fined, but here's the difference, they don't have to go through these hopps now that are in this bill, this bill instructs them on if actual laws of depictions being violated under USC code, well, I kinda know some of that because I'm a nerd in that repect, but the common person doesn't, ISP operator wouln't, and even some lawyers if they goofed around during law school wouldn't, and yet there arebeing forced to comply to something that law enforcement is only knowledgeable about.

Further, this is all done without warrants, without knowledge from the customer targeted, even in P2P complaints by ISPs you are warned by your ISP that they are aware of something possibly a cease and desist notice, but not her, and they don't just share this info, of which the ISP is not sure of, but they are technically accusing you and sending that info to a non-government non-profit agentcy where they build a case, perhaps around something as innoucous as a pigtailed 19 year old that'd be perfectly legal, but because a nervous wi-fi operator thinks she might look younger, you are reported by your ISP, all without a warrant, which is remiscant of warrantless wiretaps, and after you are marked, everything you do online will be followed, so they could if you are into that kind of think pin you for copy infringement, after they check the the inital report was okay, but the other stuff you viewed or downloaded violated copyright, and thusly opens a backdoorr to spy on a customer of an ISP by first an intital claim, and gathering of everything you do after that first report, all without warrants, but since they can then because of the FISA bill get warrants retroactively, that evidence becomes material in a court of law. It seem like the past several laws congress has passed this year has been building up to a wide spread dragnet of all American traffic and even ofcourse foreign on the internet.

Once they get one foot in the door... you can never get them to leave.

Also, by adding all those provisions for what is considered illegal or illicit, ie, not just underage, but the obscenatiy, without an age verification of what aposter or user posted, an ISP, particularly small ones won't want to risk the new fines (and possible jailtime??? according to the Guardian UK) and if they see anything possibly illegal they won't risk it and report you regardless. Right now, current laws, they don't have those incentives to make numerous false positives, but here, this bill is almost demanding a quota, and if something was illegal and someone didn't report it, they'll shake ya down, and that's what this bill really is, a shakedown, and extortion scheme for one result or another, more child predator trials or more oney in the cougher from ISPs. It seems to me the author of the bill knew it wouldn't work as if it was desgined to get these type of results, a shakedown. Also, they get to claim the banner of "for the children!!!" while doing it to their guilible constituents.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby tehdoomsayer » Sat Sep 27, 2008 1:27 am

yes because we all know isps and the government have nothing better to do but spy on every single person that uses the internet, downloads torrents, and watches porn. do you understand how ludicrous everything in this thread is? as you say, everything in this bill is being done already without the safe act. so why don't we just sit here and talk about what if's and what you know the government and isps are going to do in the future to further this notion that the government wants to fuck every citizen because it'll lead to world peace. i keep reading and hearing that using "for the children" is what the government says to justify spying on everything we do, yet that hasn't happened and i don't understand why that would happen. say what you want, but the facts spell out a very different story.

[life;whereas{paranoia=on}]
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby Overnet User » Sat Sep 27, 2008 2:12 am

Maybe this will boost free wifi usage lol.
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Re: ISPs will NOW spy on you, new US law, SAFE Act passes Senate

Postby protectorX » Sat Sep 27, 2008 5:28 pm

tehdoomsayer wrote:yes because we all know isps and the government have nothing better to do but spy on every single person that uses the internet, downloads torrents, and watches porn. do you understand how ludicrous everything in this thread is? as you say, everything in this bill is being done already without the safe act. so why don't we just sit here and talk about what if's and what you know the government and isps are going to do in the future to further this notion that the government wants to fuck every citizen because it'll lead to world peace. i keep reading and hearing that using "for the children" is what the government says to justify spying on everything we do, yet that hasn't happened and i don't understand why that would happen. say what you want, but the facts spell out a very different story.

[life;whereas{paranoia=on}]



er... what????? Buddy, have you been hiding your head in the sand the last few years, especially the last few months, or was that whole post suppose to be sarcastic? It's not easy to tell, but in America, and in Sweden, the past several months with laws like the new FISA to legalize warrantless wiretaps and immunize ISPs and telecos who spied on their customers for thegovernement well topic du jour and ultimately, the facists won those battles. There is no "what ifs", what I've been discussing are facts, so I don't understand your post at all.

If you want more facts as opposed to "what ifs", I got another media source that printed about what this bill will for websites and ISPs to do when signed into law by the president (BTW it just passed the other part of congress a hour ago, it'll be law once signed.) Read this, it's all ver chilling :

A new law, called the the “Securing Adolescents From Exploitation-Online Act”, or SAFE Act, proposed by Senator McCain and Senator Schumer, would require any ISP to report and forward to a central agency any image which came through or was hosted on their system which meets the Federal definition of child pornography. All of these images would then be held in a central database. This includes drawings and cartoons of children, if they could be considered inappropriate, even if the children don’t actually exist in real life. The SAFE Act would also make the use of the Internet in the violation of child pornography laws an “aggrevating” factor requiring 10 years in prison. ISPs that fail to report such images would themselves be subject to stiff penalties.

The central agency named as the repository for these images is the National Center for Missing and Exploited Children (NCMEC). Once received by the NCMEC, the images would be assigned “unique identification numbers generated from the data contained in the image file,”, allowing, presumably, for image matching, not unlike DNA matching. If an image with one of the “unique identification numbers” turned up in an email or instant message, the ISP would be required to report it.

The new law would amend and apply to existing child pornography laws, including the section which states that “It is not a required element of any offense under this section that the minor depicted actually exist.” In other words, if someone draws something racy, involving someone that does not exist, but that looks like a child, and sends that drawing to someone else in email, not only have they broken the law, but the ISPs involved in the transmission are required to intercept and forward that image, or they too will have broken Federal law.

A statement from Senator McCain’s office explained that the SAFE Act will “enhance the current system for Internet service providers to report child pornography on their systems, making the failure to report child pornography a federal crime.”

In an act that nobody seems to see as ironic, attending the press conference with Senator McCain - to announce the new law intended to help stop the exploitation of adolescents - is Lauren Nelson, who is Miss America, 2007.



from: http://www.theinternetpatrol.com
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