Emailed to Betty McCollum and Amy Klobuchar
This letter is in regards to concerns over H. R. 1076, Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009.
The provisions in section 2703 that require keeping records for two years for all providers of electronic communication services are not only infeasible, but dangerous as well. First of all, many wireless access points are run by home users or small businesses without the expertise to meet such requirements, and could not reasonably be expected to acquire such expertise. Second of all, even if all providers were able to collect such data, most would not be able to keep two years worth without adding a significant amount of storage to their home networks. Such a requirement is essentially an unfunded mandate that would be impossible for many entities to meet.
Furthermore, we must remember that anonymity is an essential part of free speech. Requiring records that tie users to IP addresses at all types of electronic service providers and keeping those records for two years is analogous to China's system of photographing and recording the identity of all users at Internet cafes. China's system has rightly been criticized for intimidating citizens and chilling free speech. While the United States has a much better track record in human rights to expect that this data would be collected and not be abused is to be overly naive.
Rep. Smith compared the legislation to keeping phone records but such a comparison is inaccurate. No current law requires that pay phones get the name of each caller or that home owners keep a record of visitors that make calls from their house.
While the intent of the bill is laudable, the goal of protecting children from exploitation does not justify a draconian mandate that would criminalize home users and anonymous speech.
I urge you to oppose the SAFETY Act of 2009, in both the senate and the house.
Sincerely,
Megan Carney
