[Infowarrior] - U.S. Demands Files From ISPs, Tech Firms

[Richard Forno]

U.S. Demands Files From ISPs, Tech Firms
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/30/AR2006033001
658_pf.html

By MARYCLAIRE DALE
The Associated Press
Thursday, March 30, 2006; 8:17 PM

PHILADELPHIA -- The Justice Department is demanding internal files from
dozens of Internet service providers and other technology firms as it seeks
to defend a controversial Internet child protection law.

The subpoenas are similar to one given to Google Inc., which waged a
partially successful battle over the government's request for millions of
pieces of information about search engine requests and Web site domains.

InformationWeek magazine unearthed subpoenas that show the government also
demanded information from at least 34 other companies, including Internet
service providers such as Comcast Corp. and EarthLink Inc., security
software firms and other technology companies.

The subpoenas, which the magazine obtained through Freedom of Information
Act requests, show the Justice Department preparing for an October trial in
Philadelphia over the 1996 Child Online Protection Act. It is not clear
which companies are complying, and to what extent.

"That money could be spent so much more wisely on giving software away to
parents that are having these problems," Dan Jude, president of Security
Software Systems, said of the litigation costs.

The 12-person firm, which makes filtering software, spent more than 40 hours
trying to comply with the subpoena, he said. The company refused to provide
some information on proprietary grounds, fearing it could make its way into
the court file.

"If that information gets out in the public, we've just lost our competitive
edge," Jude said Thursday. The subpoena also sought information the company
does not keep, such as customer satisfaction, he said.

Department of Justice spokesman Charles Miller did not immediately return a
message Thursday afternoon.

The subpoenas also went to companies including AT&T Inc., Cox Communications
Inc., Verizon Communications Inc. and Symantec Corp.

The U.S. Supreme Court has twice said the law _ which would criminalize
Internet material deemed "harmful to children" as defined by "contemporary
community standards" _ is likely to violate First Amendment protections and
granted preliminary injunctions.

Critics say that definition is so broad it would stifle free speech, and
also note that pornographers and others could simply base their operations
offshore, beyond the reach of U.S. authorities.

Online publishers who are challenging the law argue that filters are a less
restrictive way to protect children. The publishers, which include sexual
health sites, a gay newspaper and the online magazine Salon.com, are
represented by the American Civil Liberties Union.

"Our overarching concern over what the government is doing (with the
subpoenas) stems from the 'why,' _ what is it they're actually trying to
accomplish?" said David McGuire, a spokesman for the Center for Democracy
and Technology in Washington. "It doesn't seem reasonable."