EDITORIAL: Privacy shouldn’t be the cost paid to keep our safety

Editorial Board

It seems that with every technological advancement, we are faced with opposing dangers. As we enjoy the increasing connectedness provided by the Internet, we must continue to develop safety procedures and precautions to prevent things like identity theft, child exploitation and abduction. However, every step toward safety brings us closer to the dangers of Big Brother. In our efforts to maintain safety, we teeter on the edge of over-surveillance, which may result in a loss of privacy.

Last week, Sen. John Cornyn, R-Texas, and Rep. Lamar Smith, R-Texas, introduced legislation that would take us one step closer to an Orwellian dystopia. According to CNN, this federal law would “require all Internet providers and operators of millions of Wi-Fi access points … to keep records about users for two years to aid police investigations.”

This is not a solely Republican venture though. The Democrats proposed a similar measure three years ago. Internet safety is a bipartisan issue, but even during George W. Bush’s presidency there were dissenting opinions within his administration regarding how to address the situation. Until Attorney General Alberto Gonzales called for a similar net safety proposal in 2006, the Bush administration opposed such data retention laws. Indeed, upon Gonzales’s departure from his post, the issue lost momentum until FBI Director Robert Mueller took up lobbying efforts in spring 2008.

There are already laws in place to protect children from exploitation — sexual and otherwise. Currently, the Electronic Communication Transactional Records Act requires Internet providers to retain records for 90 days. This law has been in place since 1996. Additionally, Internet providers must report any sighting of child pornography to the National Center for Missing and Exploited Children. We agree that more protective measures should be taken for the safety of children. However, we question the necessity of the proposed “Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act,” or Internet Safety Act.

We have to wonder, what would the cost of enforcement be? In a struggling economy, is it wise to introduce a measure that could be costly for both the government and for citizens? The two-year log requirement would not just apply to Internet providers, such as Comcast and Verizon, but to personal password-protected Wi-Fi access points. That includes “individuals, small businesses, large corporations, libraries, schools, universities, and even government agencies.” In other words, just about everyone.

And what exactly will be covered by this law? Obviously the protection of children is the key aspect. But what else will law enforcement officials use these logs for? Will the two-year logs help officials crack down on an illegal download here and there, or will resources be spent on investigations of violent crimes — such as ads used to lure young women to their death on services like Craigslist?

All of these things must be taken into consideration. Online safety is a relatively new issue, and it must be handled delicately. Laws like this can be beneficial, but not at the cost of our privacy.