Bill number is the California version - and yes, it got out of committee.
AB1475: SUMMARY : Makes commercial computer technicians mandated reporters for the purpose of the Child Abuse and Neglect Reporting Act (CANRA).
is the most dangerously stupid computer law proposal I've EVER heard of in 20 years of computer journalism.
We've got to stop electing "Internet tubes"-level computer illiterates to public office, and this is a reason why.
The following is a letter I'm planning to send my state legislator as soon as I decide whether to print/mail or fax it. I encourage people who have similar laws under consideration in your states to post bill numbers and pointers to your state legislature websites.
The only other comment I have is . . . there's a slippery slope here.
The computer 'professional' mandated to report kiddie pr0n today may be mandated to report "subversive activity" tomorrow.
one other quote from the bill:
2)Defines "commercial computer technician" as any person who repairs, installs, or otherwise services any computer, including, but not limited to, any component part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other materials relating to the operation and maintenance of a computer or computer network or system for compensation. The term also includes any employee of such a person.
To my State Assemblyman and State Senator:
The amendment to the Child Abuse and Neglect Reporting Act (CANRA) technicians that makes them mandated reporters for the purpose of that law is the most dangerously stupid computer law proposal I've EVER heard of in 20 years of computer journalism.
Before trying to make laws on computers and the Internet, PLEASE find some working professionals in the field and get responsible advice. Computer technicians don't even have the level of professional licensing that A BEAUTICIAN is required to by law, and their range of competence and experience ranges from... the kind of person I want to fix my computer to a high school kid fixing a computer for a neighbor for $20.
In other words, you're requiring by law a person who may or not be able to determine whether or not a pornographic image got there with the intention or knowledge of the user to report that user, and depending on police "experts" to make the same determination, despite famous examples of police and judicial incompetence in connection with porn found on computers like this one .
this is my ZDnet public comment:
The only way to make this even remotely workable would be to license all computer technicians and make it ILLEGAL for anyone to work on someone else's computer without that license. Computer technicians are NOT licensed professionals in the sense that a doctor or lawyer is. Technicians aren't required to have degrees from an educational program with an ethics component. There is no background investigation, etc. to ensure that a technician will handle mandatory reporting in an ethical manner.
Nor should there be. We're all better off in an environment where anyone with the skills to fix a computer can legally do so, imagine the cost of getting your computer fixed if the only way to get it repaired is to pay the hourly rate of somebody with a 4 year degree and state licensing. Would you like to pay the guy from Geek Squad the same hourly rate you pay a lawyer?
Will your constituents thank you if they find themselves paying $250 an hour and wait for weeks to get their computers fixed, or find that a virus has turned their computers into a pornographic spam relay and that THEY are going to jail for it? There are MANY ways a computer can get illegal porn without the consent or even knowledge of the computer user.
Even a professional licensing requirement for technicians wouldn't prevent someone from adding pr0n content to a machine and reporting it to the Feds, it would just up the risk slightly.
ZDnet posting (note: this is a publication by a major computer publisher, not a casual blogger on a blog that gets 10 page views a day)
fair usage quote - rest at the URL
May 2nd, 2007
Should the law deputize computer technicians into nabbing child abusers?
Posted by David Berlind @ 11:42 am
Categories: General, Legal, Government, Security
The states of Connecticut and California are considering legislation that essentially deputizes comptuer technicians into joining war against child abuse and pornography. According to an Associated Press report:
Computer technicians would be obligated to report child abuse just like doctors, teachers and others who work closely with children, under measures being considered by lawmakers in two states .At least five states: Arkansas, Missouri, Oklahoma, South Carolina and South Dakota require computer technicians to report child pornography. Connecticut and California are considering legislation that would go a step farther, adding technicians to the list of "mandated reporters" who notify authorities about any type of child abuse and neglect.
end fair usage quote