Lamar Smith: Enemy Of The Internet? Defends Internet Snooping Bill

from the stop-smith dept

Before the SOPA mess heated up last year, we were just as worried about Rep. Lamar Smith's other ridiculous bill, in which he sought to hide massive data retention rules -- effectively requiring every online service provider to keep reams of data about users... and hid it all under a totally bogus claim that it was to "protect children from internet pornographers." This is the most cynical and obnoxious form of lawmaking: to pass something that is incredibly bad and dangerous and pretend that you're doing so to "protect the children from child porn" when the actual bill will do nothing of the sort. Rep. Zoe Lofgren, who saw through Smith's ruse (as she did with SOPA as well), actually offered up an amendment to more accurately call the bill the "Keep Every American's Digital Data for Submission to the Federal Government Without a Warrant Act of 2011," but that got rejected.

Unfortunately, the bill, HR 1981, has already been voted out of committee (something that was successfully stopped with SOPA), so it could come to the floor at any time. As he did with SOPA opposition, Smith's staff is dismissing the online criticism of the bill, insisting is not as big as people are making it out to be... and that the complaints about the bill are not accurate. Yet, Demand Progress says that it has already received over 90,000 signatures against the bill, and lots of others are speaking out against it. Just as with SOPA, the opposition to such a bad bill does not fall along traditional political lines. You've got DailyKos on the left speaking out against it as well as patriot groups and Ron Paul supporters. And, of course, Reddit has been active as well.

In many ways this bill is significantly worse than SOPA, in that it not only creates a massive new problem for all internet companies, in that they would need to retain all sorts of data, but that it tries to hide it behind a claim that this is for protection against child porn -- something no politician wants to vote against. The costs of maintaining all this info can be quite large, but more importantly, this is the exact opposite of a privacy bill. It's an anti-privacy bill, because the more data that a company has to collect and retain, the more likely it is to leak or be accessed by someone who shouldn't have it (including the government -- which was the point of Lofgren's attempted renaming). Furthermore, the bill does absolutely nothing about the problem it actually claims to be targeting. Nothing in the bill would actually slow or stop child pornographers. The whole name is a red herring to try to get the bill through.

Between this and SOPA, it seems that people should start asking: is Lamar Smith the most anti-internet elected official in the US right now? He's got to be up there if he's not at the top.


Reader Comments (rss)

(Flattened / Threaded)

  •  
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    hothmonster, Feb 7th, 2012 @ 8:52am

    But but think of the kickbacks!

     

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    Ninja (profile), Feb 7th, 2012 @ 9:02am

    Between this and SOPA, it seems that people should start asking: is Lamar Smith the most anti-internet elected official in the US right now? He's got to be up there if he's not at the top.

    I was gonna say Dodd is the top 1 but he's not in the office anymore.

    Dodd should be vewy vewy afraid. Lamar is going to steal his job.

     

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    Rich Kulawiec, Feb 7th, 2012 @ 9:03am

    A better title for this bill...

    ...would be the "Deliberately Endangering America's Children Act" -- since that's exactly what it'll do.

     

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    Jay (profile), Feb 7th, 2012 @ 9:19am

    Hmmm...

    I would have to say in the taking for top sellout to the MPAA, may have to go Orrin Hatch I'm wanting to blow up computers. You can't site his out of touch you are with your constituency without this shining example of sheer genius in law making.

     

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    Rapnel (profile), Feb 7th, 2012 @ 9:35am

    Sharing Goverment Style

    Another important element of this bill would allow access to these stores of information with an administrative subpoena. Not to mention the inclusion of the requisite exclusion from liability for the ISP.

    (google cached doc re: report of adm. subpoena usage: http://bit.ly/wEBa28 )

    This guy is quickly setting the bar for "domestic enemy".

     

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    weneedhelp (profile), Feb 7th, 2012 @ 9:35am

    Lamar is just

    trying to build redundancy in to what the government already does at the expense of the ISP's. We already know the government diverts and collects all electronic data. So why all of a sudden does this become hot?

     

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    FM Hilton, Feb 7th, 2012 @ 9:36am

    Lamar Smith: Moron

    Not only is he the most 'anti-internet' person in Congress, he just doesn't learn from experience.
    He really just does not get it, and we'll have to slap him upside the head again, and again-until we shake his brain to function again.
    That is, if he has one to begin with. Kinda of doubt that, from what he's done so far.
    I would hope to all the stars that this is an election year for him, that the voters in Texas finally get smart and kick him to the curb.
    He's done nothing good so far for either them or this country-he even beats GW Bush as the worst elected official from Texas in my books.
    That's saying something. I loathed Bush.

     

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      Anonymous Coward, Feb 7th, 2012 @ 9:56am

      Re: Lamar Smith: Moron

      Trust me, he may not understand the fine workings of the internet, but he gets it.

      In some ways the internet is about balance.

      It provides some measure of competition that allows free market forces to work more naturally.

      It allows people to more accurately participate in the governmental process to make it easier for it to work "for the people".

      It allows for ideas in philosophy and religion to flourish and be more easily sharable.

      This goes completely in the face of beliefs of people like Smith, who think business, government, or religion should be controlled from a small elite at the top trickling down to everyone else at the bottom.

       

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        Anonymous Coward, Feb 7th, 2012 @ 10:21am

        Forget Anti-Internet

        Forget Anti-Internet, this bill and this man is Anti-American. These bills go against so much of what America was founded on and what the people are led to believe about the core structure and freedoms of this country. Its sickening.

         

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    Jaqenn, Feb 7th, 2012 @ 9:37am

    I live in Texas, very literally a few hundred yards short of Lamar Smith's district lines.

    As I'm denied the satisfaction of actually voting against him next election cycle, what else can I do to help get rid of him?

     

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    BentFranklin (profile), Feb 7th, 2012 @ 9:45am

    A commercial provider of an electronic communication service shall retain for a period of at least one year a log of the temporarily assigned network addresses the provider assigns to a subscriber to or customer of such service that enables the identification of the corresponding customer or subscriber information under subsection (c)(2) of this section.


    Is this what you meant by massive data retention? It seems reasonable to me that people shouldn't be allowed to hide behind dynamic IP addresses. Of course I would assume anyone really looking for kidporn uses anonymizers. But just in case law enforcement gets its hands on an actual server or is able to snoop on their connections I'd want them to be able to backtrace as many IPs addys as they can.

    But when you say "massive data retention" I'm thinking logging of every URI, deep packet inspection, etc. Did I miss something?

     

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      Rapnel (profile), Feb 7th, 2012 @ 10:15am

      Re:

      I think you'll want to read section 2703 of title 18. This little hottie will serve to connect your paths on the Internet at any point in time within the 18months to your account. The proverbial key to the kingdom.

       

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      Anonymous Coward, Feb 7th, 2012 @ 10:26am

      Re:

      I think you're missing the way the 4th amendment has been interpreted. Once the ISP obtains the data, legally compelled to do so or no, there are no 4th amendment protections for it anymore. That combined with what other data is being retained elsewhere is what makes this the "Keep Every American's Digital Data for Submission to the Federal Government Without a Warrant Act of 2011."

       

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    CN, Feb 7th, 2012 @ 9:58am

    End sneaky politics

    Can someone start a we the people petition to have new rules regarding the naming of bills? (I'm not an American, so I presume I can't do it.) Not that this is unique to the USA, but naming bills "Save the children" when it's about "killing puppies" should not be legal. Nor should attaching unrelated things, like telecommunications on a fishery management bill, etc.

     

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      Anonymous Coward, Feb 7th, 2012 @ 10:22am

      Re: End sneaky politics

      Nor should attaching unrelated things, like telecommunications on a fishery management bill, etc.

      This, along with the closely related idea of Presidential line-item vetoes, is a sticky issue. In principle, I agree that a bill that's nothing more than an administrative budget to pay military personnel shouldn't have a line item that allows the unlimited detention of American citizens without a trial (looking at you, NDAA).

      However, the reason it's sticky is because to put it bluntly, this is how bills get passed:
      "Bob, I'm not going to vote for your bill."
      "Well, Mike, how about if we add on a line that gives your freeway project a budget. Would you vote for it then?"
      "OK, Sure."

      If we didn't allow this sort of thing, we'd never get any bills passed in Congress ever again.

       

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        Anonymous Coward, Feb 7th, 2012 @ 10:50am

        Re: Re: End sneaky politics

        Somehow lately I get the impression congress not being able to pass bills anymore wouldn't really be a bad thing, honestly

         

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        Eileen (profile), Feb 7th, 2012 @ 10:58am

        Re: Re: End sneaky politics

        And this is a problem... why?

         

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        JD (profile), Feb 7th, 2012 @ 11:52am

        Re: Re: End sneaky politics

        >If we didn't allow this sort of thing, we'd never get any bills passed in Congress ever again.

        And this is bad why?

         

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        Anonymous Coward, Feb 7th, 2012 @ 12:32pm

        Re: Re: End sneaky politics

        'to put it bluntly, this is how bills get passed'

         

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        btr1701, Feb 7th, 2012 @ 2:21pm

        Re: Re: End sneaky politics

        > If we didn't allow this sort of thing,
        > we'd never get any bills passed in Congress
        > ever again.

        We pretty much have all the laws we need already.

         

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        PaulT (profile), Feb 8th, 2012 @ 1:02am

        Re: Re: End sneaky politics

        "this is how bills get passed"

        This is exactly what the point was, I believe. Saying "well, cronyism and bribery are how things are done in Washington" does not make it the *right* way to do things.

        "If we didn't allow this sort of thing, we'd never get any bills passed in Congress ever again."

        If it's a choice between bad bills that restrict freedoms and don't achieve what they claim to achieve, and no bills at all, is that a bad thing?

         

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      Anonymous Coward, Feb 7th, 2012 @ 10:27am

      Re: End sneaky politics

      "Killing puppies will save countless children with allergies to dogs, so the bill is aptly named".

      Remember, most of these reps were lawyers in their previous lives. There's no clear way to prevent any name they want.

       

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    Anonymous Coward, Feb 7th, 2012 @ 10:09am

    Please introduce a bill that would castrate the entire family of a US representative who gets caught being a cheap dirty whore - we would be better off if that blood line goes extinct.

     

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    Anonymous Coward, Feb 7th, 2012 @ 10:13am

    Would have been great if the bill was HR 1984

     

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    RedMage, Feb 7th, 2012 @ 10:24am

    To be fair

    In fairness, I don't see this one passing. Sources have said that it's stalled, it hasn't been introduced in the Senate, and it doesn't have the massive money machine that SOPA and PIPA did in the form of the entertainment lobby. Even the corporate stooges who backed SOPA like John Conyers are speaking out against it. I also don't think they'll be as eager to push this one after the PIPA and SOPA protests.

     

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      Al Bert (profile), Feb 7th, 2012 @ 10:38am

      Re: To be fair

      Well of course some of the congresstooges back off now after the SOPA publicity. That doesn't mean Smith and others won't run with it.

      Some criminals prefer to run and hide when you catch them in the act. Other criminals will redouble their efforts and focus directly on you. Just because some of the stooges are 'runners' doesn't mean we don't have an infestation of cheap criminals.

      That said, the bill does seem a bit too ridiculous for them. This doesn't mean it's not a hazard.

       

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    Al Bert (profile), Feb 7th, 2012 @ 10:27am

    oh this finally showed up

    I was wondering when you guys would catch wind of this one. When i first heard about it, i figured it might be a joke. After all, it's such an absurd convergence of Lamar smith, a near-orwellian bill designation, and Orwellian intent conspicuously disguised as an anti-child-porn bill. Why are these fraudsters taken seriously?

    Make no mistake. Lamar Smith et al are not mere enemies of the internet. These criminals are enemies of the public.

     

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      Mike Masnick (profile), Feb 7th, 2012 @ 12:35pm

      Re: oh this finally showed up

      I was wondering when you guys would catch wind of this one.

      Huh? As mentioned in the post we wrote about it last year. We caught wind of it back when it first came out. We hadn't written about it lately, because it's pretty much dead in the water. but with his staff commenting on it, and with the Demand Progress effort, it was worth commenting on again.

       

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    Josh (profile), Feb 7th, 2012 @ 10:29am

    A fight to the death

    An epic battle...

    For the fate of the world...

    Coming 2012

    Wyden VS Smith
    (This film is not yet rated)

     

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    Anonymous Coward, Feb 7th, 2012 @ 10:41am

    Quick, everyone stop having children so we can take away their excuses and end the madness!

     

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    Anonymous Coward, Feb 7th, 2012 @ 11:27am

    I think if I were running an ISP and this law passed I would have to implement an automatic compression/encryption routine for logs that had to be stored despite outliving my usefulness. And if requested I would happily provide to he logs, except I just would never bother to save the encryption keys. :)

     

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    lamar smith, Feb 7th, 2012 @ 11:27am

    proving that politics is like the internet. scary thing is the trolls are the ones in office.

     

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    Legends1, Feb 7th, 2012 @ 11:46am

    Orrin Hatch

    Senator Hatch is one the most outspoken in Washington over Government regulation of the Internet. He got millions over SOPA/PIPA, and he was the author of the original COICA (Combating Online Infringement and Counterfeits Act)


    http://sopatrack.com/congressperson/H000338-sen-orrin-hatch

     

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    Anonymous Coward, Feb 7th, 2012 @ 11:46am

    Can we vote this guy out already?

     

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    Anonymous Coward, Feb 7th, 2012 @ 11:47am

    They're trying to pass similar legislation in Canada right now. It sucks.

     

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    Anonymous Coward, Feb 7th, 2012 @ 11:52am

    Can someone PLEASE vote this idiot out already?! Or at least give him a hands-on example of collateral damage?

    First SOPA, now HR 1981.

    I was wondering when the data retention bill would be brought up here again considering the last mention of it was back in July. Of course, with SOPA, ACTA, TPP and other acronyms against internet freedom have taken the forefront, it's not surprising.

    Are we seriously going to have to contend with Mr. "I can't hear you" for another term? I'm starting to lose hope that we can actually win this time. The blackout was one thing, but that strategy only works once.

    I also find it funny that Smith thinks that this will be able to protect your data: "(1) to encourage electronic communication service providers to give prompt notice to their customers in the event of a breach of the data retained pursuant to section 2703(h) of title 18 of the United States Code, in order that those effected can take the necessary steps to protect themselves from potential misuse of private information; and (2) that records retained pursuant to section 2703(h) of title 18, United States Code, should be stored securely to protect customer privacy and prevent against breaches of the records."

    Sure. Identity theft is already a problem, but does Mr. "no tech background, but listen to me anyway" really want us to jump through all of those hoops to reclaim our identity if our credit card gets stolen? Pretty sure identity theft victims would agree that it's too much of a hassle and too time-consuming to reclaim their identity and get their lives back on track. What, hackers get into our data and all the public will get is "Your personal information has been compromised. Please take the necessary steps to change your SSN, credit card numbers, IP address, date of birth, full name, blood type and bank accounts because the government likes to make you suffer."

    And the worst part is (if I understand this correctly. Please tell me otherwise) that if your information DOES get stolen, you can't blame the government (or Smith). They'll shift the blame to the ISPs and claim that it was their fault for having faulty safeguards to keep your information safe.

    Isn't there some way we can call Anonymous or some other hacking group, grab Lamar's SSN and credit card info and post it up with a big message saying "Hi! This is what will happen if H.R. 1981 passes!" That way, he'll be so focused on damage controlling his own life by going through the process of changing his SSN and credit cards that he'll be more likely to have his guard down and maybe this will be newsworthy enough to be on the mainstream media.

    Just somebody, anybody make him stop.

    *breaks down and cries*

     

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      Idwal, Feb 7th, 2012 @ 12:26pm

      Re: Can someone PLEASE vote this idiot out already?! Or at least give him a hands-on example of collateral damage?

      Oh, shoot. Did you just invoke Anonymous?

      *gets popcorn*

       

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        Anonymous Coward, Feb 7th, 2012 @ 12:50pm

        Lamar Smith for HR 1981 Webpage

        "Hi! I'm Representative Lamar Smith! I'm trying to pass a bill deemed "controversial" by technological experts that don't know what they're talking about. I clearly have more understanding than they ever will despite my lack of a tech background.

        When this bill passes, children will be protected by pornography by "your government" retaining very sensitive personal data that will no doubt give hackers a bigger target for identity theft. If by any chance your data is compromised, rest assured it's the Internet Service Provider's fault for not having better security and we share no blame whatsoever even if we're the ones who passed this law in the first place.

        To show that I am a true champion of the public, I will now give my own personal information to do with what you see fit.

        My SSN: XXX-XX-XXXX
        My Credit and Debit card numbers: XXXXXXXXXXXXXXX
        My Bank Accounts: XXXX-XXXXXXX-XXXX

        In interest of fair play, be assured that your personal information too will be easily accessible by hackers. Please support HR 1981 and re-elect me for 2012!

        -This webpage officially endorsed by Lamar Smith"

         

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      Rich Kulawiec, Feb 7th, 2012 @ 12:37pm

      Re: Can someone PLEASE vote this idiot out already?! Or at least give him a hands-on example of collateral damage?

      You make a number of excellent points: but having your credit card number exposed for easy theft is one of the least worrisome consequences of this bill.

      Among the many, MANY serious problems with it: there's no way to distinguish between the trail of data left by an adult and the trail left by a child -- on a technological level, that is. Therefore there does not exist an automated method for discarding that data, therefore that data will be retained, therefore it will be accessible to anyone who successfully penetrates the logging system. (Or to anyone who buys data from someone who penetrated the logging system.)

      Your 13-year-old daughter doesn't have a credit card. But she has a computer with a web browser. Can you think of anyone who would be very, very interested in knowing where she's spending her time online?

       

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    mudlock (profile), Feb 7th, 2012 @ 12:41pm

    Sad Thing Is...

    Mr. Smith's district has a partisan voting index of R+14, and he has no opposition in the Republican primary.

    Barring a redistricting miracle, there is basically a 100% chance that Smith with be reelected in November.

    So get used to complaining about this guy.

     

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      Jay (profile), Feb 7th, 2012 @ 1:53pm

      Re: Sad Thing Is...

      You might want to look again. There's a LOT of talk coming up about Richard Mack, who recently did an AMA on Reddit. The primary is in April and he's been getting a lot of support from individual Redditors to oppose Smith.

       

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        mudlock (profile), Feb 7th, 2012 @ 3:04pm

        Re: Re: Sad Thing Is...

        Mack is noted on Green Papers, but the note says he was not listed on the December 2011 official lists.

        Best of luck to him, but he better get his paper work in order.

         

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      Anonymous Coward, Feb 11th, 2012 @ 9:31am

      Re: Sad Thing Is...

      Seems to be what the people want, so let them get what they deserve.

       

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    Anonymous Coward, Feb 7th, 2012 @ 1:22pm

    is there nothing this prick wont do to get one of his ridiculous Bills passed? is there nothing this prick wont do to take away peoples privacy? is there nothing this prick wont do to declare his total stupidity? is there nothing this prick wont do to get himself into the history books as the most internet ignorant person on the planet?

     

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    Anonymous Coward, Feb 7th, 2012 @ 1:56pm

    Reread the bill as it targets child pornographers, and child pornography.

    It is massively invasive as to the information it collects.

     

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    Isaac the k (profile), Feb 20th, 2012 @ 6:54am

    you know what

    With all that lobbyist money he's been getting, I think Lamar Smith should by a house with a HUGE lawn...
    So he can tell all those internet kids to get off it.

     

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    Jacob Blaustein, Feb 23rd, 2012 @ 1:41pm

    Take it t supreme court.

    Let's base a protest off of this. Perhaps we can convince Wikipedia and other sites to go dark again. We also have to try t get him out of congress.

     

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