Do as we say, not as we do

[<rms () computerbytesman com>]

House to revisit clamp on U.S. firms in Web-restricting countries
http://www.news.com/8301-10784_3-9802036-7.html

The bill proposes establishing "minimum corporate standards" for all
American businesses that do business in countries designated by the State
Department as "Internet-restrictive." (Smith, for his part, has suggested
China, Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, Tunisia and Vietnam
would be among the places on that list.) 

Storing any "electronic communication" that contains personally identifiable
information, such as e-mail, on servers or other media in those designated
countries would be a no-no for American firms. That rule seems to be an
attempt to make it more difficult for foreign governments to force access to
those records. 

U.S. companies would also be barred from turning over personal information
about their subscribers to governments in those locales--except for
"legitimate law enforcement purposes" in the eyes of the U.S. Department of
Justice. That appears to be a direct attack on allegations that Yahoo
divulged information to Chinese authorities about pro-democratic online
writings by Chinese journalists, leading to their conviction and
imprisonment. 

NSA cooperation: OK for e-mail, IM companies?
http://www.news.com/NSA-cooperation-OK-for-e-mail%2C-IM-companies/2100-7348_
3-6214609.html?tag=nefd.lede

A new Senate bill would protect not only telephone companies from lawsuits
claiming illegal cooperation with the National Security Agency. It would
retroactively immunize e-mail providers, search engines, Internet service
providers and instant-messaging services too. 

The broad language appears in new legislation that a Senate committee
approved by a 13-to-2 vote on Thursday during a meeting closed to the press
and public. It enjoys the support of the panel's Democrats and Republicans. 

It goes further in crafting an impenetrable legal shield than similar
proposals in the House of Representatives, such as the so-called Restore Act
(PDF), which immunizes only "communications service providers." Bowing to
pressure from President Bush, House Democrats postponed a vote on the
Restore Act last week. 

The broader Senate bill (PDF) would sweep in Web sites, e-mail providers and
more. "My suspicion is the scope of the immunity provision is the most
revealing way to assess the scope of the underlying authority," said Marc
Rotenberg, director of the Electronic Privacy Information Center.


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