Technology

Legislation regarding online privacy is certain to be introduced in the 107^th Congress. Legislators will seek to protect consumers by regulating how websites are able to utilize consumer data and requiring internet companies to notify consumers how their information will be used. In addition to online privacy issues, watch for internet taxation to be another hot topic of discussion again this year.

The Looming Debate over Privacy, Commercial Speech and the Fair Credit Reporting Act

With the 108th Congress in session less than a month, a showdown over privacy issues is already gearing up...[more] 

“But everybody else is doing it... ”It’s the oldest excuse in the book.  The one that irks parents most, but universally utilized to justify youthful misdeeds.  While most of us tried the excuse to rationalize such relatively innocent behavior as wearing short skirts or breaking curfew, the rationalization has been adopted by thousands of college students to steal music, movies and other copyrighted works on the Internet...[more]

Hacking Through the Ivy: Moral Relativism at Princeton

We admit to a perverse fondness for stories relating the perfidies of academia, although we diligently attempt to mask that perversity by citing more serious principles for our interest. It is thus that we discuss Princeton University’s Internet second story job on Yale University’s admissions Website....[more]

Summer Reading Assignment:
Library Internet Pornography Filtering Case

The recent decision in American Library Association, Inc. v. United States is getting considerable attention because of the sexiness of the issue it addresses — access in public libraries to Internet pornography. The interest will likely still not inspire many to sit down and read the entire decision, which is decidedly unsexy. It is almost 100 pages long and filled with a multitude of technical terminology and legal citations. Don’t let that turn you off. This dissertation, rather opinion, is a must read for every First Amendment enthusiast and cyberspace junkie...[more]

Fears of DCS-1000: VALIDATED

In the grand scheme of things, post 9-11, in a time of government by finger pointing, this week’s story about a glitch with DCS-1000 is not large. The significance of it is.

Don’t know what DCS-1000 is? That’s intentional. Does the name Carnivore ring a stronger memory bell? It should. That’s the FBI computer intelligence program to covertly monitor e-mail of suspects, all preceded by appropriate warrants, all so carefully controlled as to not grab the e-mail of innocents. That’s what we were told. Well, crap called a rose won’t ever smell like one, and Carnivore renamed DCS-1000 to eliminate the ominous connotation of the name will not change the ominous reality of the program...[more]

"Trustworthy Computing"
Privacy and Security Deemed Microsoft’s Top Priorities

As cyber attacks become more rampant and privacy and security continually rank as chief concerns among consumers and businesses, the world’s largest supplier of personal computer software is responding with its new "Trustworthy Computing" initiative ... [more]

The Genie is Out of the FBI’s "Magic Lantern"

Since the tragic events of September 11, there has been considerable debate over increased government powers to fight the war on terrorism. Some of these new powers may be necessary, while others could result in more harm than good by eroding some of the fundamental freedoms that our constitutional republic requires.

The most recent debate centers on a new technology the FBI is reportedly developing called "Magic Lantern." ... [more]

Despite Political Obstructionism, Senate Extends Internet Tax Moratorium

At last, the principle of lower taxes and less government prevailed in preserving the economic engine of tomorrow over revenue-hungry state governors and Congress’ "Internet Tax Man."...[more]

Center Urges Immediate Senate Action on House-Passed Two-Year Extension of the Internet Tax Moratorium

In a letter to Senate Majority Leader Tom Daschle (D- SD) and Minority Leader Trent Lott (R-MS), the Center for Individual Freedom urged immediate Senate passage of H.R. 1552, the House-approved two-year extension of the Internet tax moratorium. Senate failure to pass the moratorium before its expiration on October 21, has opened the door to the type of "economic mischief" by state and local taxing authorities that Congress sought to prevent when it overwhelmingly approved the Internet Tax Freedom Act in 1998. Click here to view the letter.

Congressional Action on MOCA Unlikely This Session

The Justice Department’s announcement of its antitrust investigation into the recording industry’s online music ventures and the government’s focus on significant legislative priorities resulting from September 11 have eliminated the prospects for Congressional consideration of H.R. 2724, the Music Online Competition Act (MOCA)...[more]

Senator Changes Mind on Government Backdoor to Encryption Technology

In a 180 degree change of heart, Senator Judd Gregg (R-New Hampshire) announced on October 16 he will no longer seek to require government backdoor keys to encryption technology...[more]

Capitol Hill Agenda Significantly Altered in Wake of 9-11 Terrorist Attacks

A House Judiciary Committee mark-up scheduled for September 13 on H.R. 1552, the Internet Tax Nondiscrimination Act, has been postponed until further notice. However, Chairman James Sensenbrenner (R-Wisconsin) has suggested that he still plans to hold hearings on the issue. [more]

Compulsory Licensing of Music on the Internet: A Proper Role for Congress?

Traditional interpretations of the rules and regulations governing copyright protections are being subjected to significant new challenges based on their application to the Internet and other developing technologies. The insurgence of companies such as Napster has forced musicians and record labels to seek relief in the courts, and rightfully so, as music lovers globally were taking advantage of the new ability to download and copy limitless amounts of music without compensating copyright holders for their intellectual properties...[more]

To read a more on this subject, click here.

Owens Counters Fellow Governors’ Plea
Urges Congress to Extend Internet Tax Moratorium

In a move meant to counter his fellow governors’ plea for Congressional authority to shift states’ sales and use tax collection burdens to remote businesses, Colorado Governor Bill Owens is urging Congress to extend the three-year Internet tax moratorium set to expire in October...[more]

Extension of Internet Tax Moratorium Held Hostage by Our Nation’s Governors

It is unfortunate that our nation’s governors and their supporters on Capitol Hill are holding hostage an extension of the Internet tax moratorium set to expire in October. Apparently, more than 40 governors are sending a letter to Congress urging them not to extend the ban on new Internet taxes unless states are granted permission to shift their sales and use tax collection burden to out-of state merchants... [more]

House Judiciary Subcommittee Passes Internet Tax Nondiscrimination Act

August 3, the House Judiciary Commercial and Administrative Law Subcommittee passed H.R. 1552, the Internet Tax Nondiscrimination Act... [more]

Congressman Boucher and the DMCA

Representative Rick Boucher (D—VA) intends to introduce legislation that would modify the Digital Millenium Copyright Act to provide less protection for the owners of digitally reproducible intellectual property...[more]

House Mandates Accountability for FBI’s Carnivore

The House of Representative this week, in passing the Department of Justice reauthorization bill, approved a measure that will bring accountability to the FBI’s Internet traffic surveillance system DCS 1000 or "Carnivore."...[more]

Center Applauds Representative Bob Goodlatte’s Introduction of Internet Tax Fairness Act of 2001

In a letter to Representative Bob Goodlatte (R-Virginia), the Center expressed its strong support for the introduction and swift passage of the Internet Tax Fairness Act of 2001. Goodlatte’s legislation makes permanent the current Internet tax moratorium and establishes much needed bright-line nexus standards for states’ imposition of business activity taxes. Click here to view letter

"Simplification" Is Not the Easy Answer

The Internet tax moratorium is set to expire in October, and the debate over its extension is being clouded by a coalition of states that fear an eroded tax base, as more consumers shop online. Some of these states are in the process of enacting model legislation that includes a "simplified and streamlined" sales tax system with the hopes of getting congressional approval to force remote merchants to collect and remit sales taxes on purchases made by their citizens...But the "simplifications" ...are anything but simple... [more]

House Energy and Commerce Committee to Consider New Internet Tax Measure

House Energy and Commerce Committee Chairman Billy Tauzin (R-Louisiana) recently announced the committee’s intention to consider a new Internet tax measure in July. The new bill, being drafted by Representative Cliff Stearns (R-Florida), would exempt digital items (i.e. music, software and other intangible goods) sold over the Internet from sales taxes — even if Congress allows states to collect taxes from other online sales... [more]

Center Urges Support for S. 664, the New Economy Tax Fairness Act

In a letter to all members of the Senate Finance Committee, the Center for Individual Freedom expressed its support for S.664, the New Economy Tax Fairness Act, or NET FAIR. NET FAIR is a commonsense solution to a complicated issue, as it simply applies the nexus standards that currently govern catalogue sales to sales over the Internet. Such clear and uniform nexus standards will reinforce the constitutional protections afforded to remote vendors under the Commerce Clause by precluding states from forcing vendors to collect sales taxes for a state in which they do not have a physical presence. Click here to view letter

President Bush Expresses Support for Extension of Internet Tax Moratorium

The Bush administration recently expressed its support for extending the moratorium on Internet taxation. During a press briefing at the White House, Bush spokesperson Ari Fleischer reiterated the President’s campaign pledge to support an extension, and added that the president favors a permanent ban on all Internet access taxes….[more]

Center Announces Support for Making Internet Tax Moratorium Permanent

In a letter to Senators George Allen, Conrad Burns, John Warner and Judd Gregg, the Center for Individual Freedom expressed its ardent support for S. 777, the Internet Tax Non-Discrimination Act. The new bill would make permanent the moratorium on Internet taxes adopted by Congress in 1998. The current moratorium is set to expire in October. Click here to view letter

Chairman Hatch Unveils High Tech Priorities for Senate Judiciary Committee

...Chairman of the Senate Judiciary Committee, recently told members of the Utah Information and Technology Association that bolstering online copyright and privacy protections were top priorities on the committee’s agenda...[more]

Vice President Pledges Administration’s Support of Technology Sector

The vice president told the group of more than 900 attendees that the United States should make permanent current policies that ban Internet access taxes and encourage businesses to fund research and development efforts...[more]

The Center Joins Congressional Internet Caucus Advisory Committee

The Center has recently joined forces with a collection of IT industry groups, non-profit associations and public interest groups as a part of the Congressional Internet Caucus Advisory Committee...[more]

Majority Leader Warns Against Congressional Privacy Legislation

House Majority Leader Dick Armey (R-Texas) today released a warning that a regulatory or legislative solution to on-line privacy may be the slowest and least effective way to address consumer concerns...[more]

House Energy and Commerce Committee Passes Anti-Spam Measure

On March 29, the House Committee on Energy and Commerce approved H.R. 718, a bill that seeks to curb unsolicited junk e-mail or "spam."...[more]

Privacy. . . the Congress starts to act. . . and act. . . and act. . .

The difficulty in balancing protections for consumer privacy rights, while not interfering with the booming digital economy through over-regulation of new technology has made privacy a hot-button issue for the 107^th Congress. Already, numerous bills have been introduced this year...[more]

Privacy in a Digital World: Industry Must Lead or Government Will

By Hon. Orson Swindle Reprinted with permission from the Progress & Freedom Foundation
Orson Swindle is a Commissioner on the Federal Trade Commission. The views expressed here are his own, and do not necessarily represent those of the Commission, other Commissioners or staff. This paper is based on remarks delivered before the Governor's Commission on Information Technology, Richmond, Virginia, August 31, 2000...[more]

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