Re: [privacy] U.S. House Vote on 'Illegal Images' Sweeps in WiFi,

["Dude VanWinkle" <dudevanwinkle () gmail com>]

On Dec 6, 2007 1:42 PM, Dr. Neal Krawetz <hf () hackerfactor com> wrote:
> On Wed Dec  5 19:25:17 2007, Paul Ferguson wrote:
> > Declan McCullagh:
> >
> > [snip]

> Take a look at 42 U.S.C. 13032.
> Also look at the real law:
>   http://thomas.loc.gov/cgi-bin/query/F?c110:1:./temp/~c110MeZwo3:e915:



>   - The SAFE Act does NOT require you to look.  It only says that if you
>     happen to see it then you must report it.  This is already existing law.

OK, Kinda hard to do over wireless, but as long as they arent
requiring you to OCR every gif and jpeg, then this is OK as well (from
a business owners standpoint)


>   - The SAFE Act does not explicitly point out WiFi, but it does say any
>     kind of network connection.  (Declan put the emphasis on wifi, not the
>     proposed law.)  This is already in existing law.

Once again, as long as this doesnt  mean you are required to OCR every
gif and jpeg, then this is OK as well

> There are also a few things like word-smithing updates to the old law.
> But nothing stands out as earth-shattering.
>
> Here are the new things that the SAFE Act would do:
>
>   + Increase fines for non-compliance from $100K to $300K.

Depending on how they define non-compliance, this could be used to put
a lot of business out of the business of doing business.. If its just
"you knew there was kiddie porn and did nothing" then this is OK. If
it was "you didnt buy an OCR and admin it properly, then we are in
trouble..

>   + Require you to keep copies of the violation for 180 days.
>     It used to be that you could not store copies of child porn, even for
>     use as evidence against someone else.  (COPPA makes it illegal to be
>     in possession of child porn for any reason.)
>     The SAFE Act permits you to be in possession if it was found and
>     reported under the SAFE Act.
>     Also, current law requires you to report violations but not to keep
>     copies as "proof".
>     If you are someone falsely accused of a crime, you want them to keep
>     proof.  Otherwise, it is your word against theirs.
>     (But if you are guilty...)

Well, saving a picture is not evidence IMO, but I guess there is
already legislation that says yo must keep access logs for x amount of
days. Still it worries me that MAC spoofing is rampant (especially at
for-pay wifi hotspots that only use WEP, or even worse: Starbucks
non-encrypted wifi..

I predict a lot of ppl will be wrongfully convicted of crimes due to
this fact. Hopefully this will be mitigated by the fact that you have
to "see" the picture in order to report it (Anyone know if there are
plans to hash/MD5 known bad pr0n? Might be a good idea.) and I don't
know many coffee shop wifi admins that have Matrix-Like powers of
deciphering binary code in transit..

I think it would make much more sense to flag the picture (via some
network hashing function of previous busts of  kiddie porn dealers
distributed in a secure encrypted fashion) and then monitor for repeat
activity in which a person verifies "yes thats the guy right there".
The old 1/5th of machines are bots, and the user doesn't know whats
going on, etc, etc" argument is not solved by this law AFAICT.

Also, if they watched the buyers and followed the chain back to the
MAKERS of kiddie pr0n, then you would actually help children and stem
the distribution of original content. It has been proven again and
again that you cant kill the market by punishing people (see crime).
Then again, it has been proven that you can't stem the flood by taking
out the source (see drug war), but in this case, I think its worth the
effort.


A better course of action would be to legalize prostitution and see if
that gets these freaks to have normal sex rather than getting so bored
with normal pr0n that they become deviants. I would like to see some
CP stats from Chile/Amsterdam to see if this theory holds up

This seems like another "no, we aren't trying to do warrant-less
spying, its for the children" measure which is really for the
legalization of spying..


-JP
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