Tech trade groups said more action is needed to stop sex trafficking and hold companies like Backpage.com accountable (see 1701100001), but that Senate legislation amending Section 230 of the Communications Decency Act (see 1708010011) would "severely undermine a crucial protection for legitimate online companies." In a Wednesday letter to Sens. Rob Portman, R-Ohio, and Richard Blumenthal, D-Conn., among the 20 senators who introduced the Stop Enabling Sex Traffickers Act the previous day, the 10 associations said Section 230 encourages "positive legal behavior" and doesn't shield companies from liability of federal crimes, including prosecution for human trafficking. But the bill would have a "devastating impact on legitimate online services" without meaningfully stopping trafficking crimes and, instead, generate "frivolous litigation targeting legitimate, law-abiding intermediaries," the consortium said. The groups -- including Computer and Communications Industry Association, Internet Association and Software & Information Industry Association -- said Congress should work with DOJ to prioritize prosecutions, target rogue sites and coordinate international enforcement. CTA President Gary Shapiro agreed that amending Section 230 would "create a trial lawyer bonanza of overly-broad civil lawsuits," saying DOJ has tools to go after traffickers. CCIA Vice President-Law and Policy Matthew Schruers told us Tuesday the tech industry plans to educate Congress about member companies' fighting trafficking including an estimated more than 100,000 content moderators who try to flag illegal activities. He said information about bad actors and content and misconduct also are shared among firms, and there's cooperation with law enforcement and the National Center for Missing & Exploited Children. "There's a great deal of interest in stamping out [bad actors] simply because your brand depends on doing so," he said.
Tech trade groups said more action is needed to stop sex trafficking and hold companies like Backpage.com accountable (see 1701100001), but that Senate legislation amending Section 230 of the Communications Decency Act (see 1708010011) would "severely undermine a crucial protection for legitimate online companies." In a Wednesday letter to Sens. Rob Portman, R-Ohio, and Richard Blumenthal, D-Conn., among the 20 senators who introduced the Stop Enabling Sex Traffickers Act the previous day, the 10 associations said Section 230 encourages "positive legal behavior" and doesn't shield companies from liability of federal crimes, including prosecution for human trafficking. But the bill would have a "devastating impact on legitimate online services" without meaningfully stopping trafficking crimes and, instead, generate "frivolous litigation targeting legitimate, law-abiding intermediaries," the consortium said. The groups -- including Computer and Communications Industry Association, Internet Association and Software & Information Industry Association -- said Congress should work with DOJ to prioritize prosecutions, target rogue sites and coordinate international enforcement. CTA President Gary Shapiro agreed that amending Section 230 would "create a trial lawyer bonanza of overly-broad civil lawsuits," saying DOJ has tools to go after traffickers. CCIA Vice President-Law and Policy Matthew Schruers told us Tuesday the tech industry plans to educate Congress about member companies' fighting trafficking including an estimated more than 100,000 content moderators who try to flag illegal activities. He said information about bad actors and content and misconduct also are shared among firms, and there's cooperation with law enforcement and the National Center for Missing & Exploited Children. "There's a great deal of interest in stamping out [bad actors] simply because your brand depends on doing so," he said.
A bipartisan Senate bill aimed at curbing online child sex trafficking by amending Section 230 of the Communications Decency Act, considered a foundation in expanding the U.S. internet economy, will have an uphill battle, predicted technology and civil society advocates who say there's a better approach. They said Tuesday that fighting online trafficking is needed, but the legislation is too broad and would have unintended consequences.
A bipartisan Senate bill aimed at curbing online child sex trafficking by amending Section 230 of the Communications Decency Act, considered a foundation in expanding the U.S. internet economy, will have an uphill battle, predicted technology and civil society advocates who say there's a better approach. They said Tuesday that fighting online trafficking is needed, but the legislation is too broad and would have unintended consequences.
A bipartisan Senate bill aimed at curbing online child sex trafficking by amending Section 230 of the Communications Decency Act, considered a foundation in expanding the U.S. internet economy, will have an uphill battle, predicted technology and civil society advocates who say there's a better approach. They said Tuesday that fighting online trafficking is needed, but the legislation is too broad and would have unintended consequences.
Microsoft scored a victory Thursday against the government when the 2nd U.S. Circuit Court of Appeals ruled 3-0 that DOJ couldn't force the company to provide customers' electronic communications stored outside the U.S. The "Stored Communications Act does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers," said the decision. Microsoft and privacy supporters hailed the ruling, while DOJ said it's mulling next steps.
Microsoft scored a victory Thursday against the government when the 2nd U.S. Circuit Court of Appeals ruled 3-0 that DOJ couldn't force the company to provide customers' electronic communications stored outside the U.S. The "Stored Communications Act does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers," said the decision. Microsoft and privacy supporters hailed the ruling, while DOJ said it's mulling next steps.
Sen. Ron Wyden, D-Ore., acknowledged Thursday it will be “especially hard” to complete his push to stop a controversial DOJ alteration to Federal Rule of Criminal Procedure 41 from taking effect but urged privacy advocates not to be discouraged by Congress’ quickly narrowing legislative window. The rule change, which would expand federal judges’ ability to issue warrants for remote searches of computers outside their jurisdictions, will take effect Dec. 1 if Congress doesn’t act (see 1604290057). Wyden filed the Stop Mass Hacking Act (S-2952) in May to block the tweak. Reps. Ted Poe, R-Texas, and John Conyers, D-Mich., bowed a House companion (HR-5321) to S-2952 soon after Wyden (see 1605190021 and 1605250045).
Sen. Ron Wyden, D-Ore., acknowledged Thursday it will be “especially hard” to complete his push to stop a controversial DOJ alteration to Federal Rule of Criminal Procedure 41 from taking effect but urged privacy advocates not to be discouraged by Congress’ quickly narrowing legislative window. The rule change, which would expand federal judges’ ability to issue warrants for remote searches of computers outside their jurisdictions, will take effect Dec. 1 if Congress doesn’t act (see 1604290057). Wyden filed the Stop Mass Hacking Act (S-2952) in May to block the tweak. Reps. Ted Poe, R-Texas, and John Conyers, D-Mich., bowed a House companion (HR-5321) to S-2952 soon after Wyden (see 1605190021 and 1605250045).
FCC Chairman Tom Wheeler will venture to Capitol Hill next month amid a fierce debate surrounding the government push to force Apple to unlock one of its devices and ongoing consideration of whether and how to tweak the wiretap law known as the Communications Assistance for Law Enforcement Act (CALEA) as a way to address broader encryption concerns. Hill observers expect Wheeler to get questions about CALEA and the FCC’s perspective on tweaking it, a topic that also came up during a November oversight hearing following the deadly attacks in Paris.