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Child Pornography and Online Safety

The issue of internet safety—and, more specifically, child pornography and child predators—is one that invites debate over the means, not the ends, of enforcement.  There is little disagreement that the government needs to address the ever-growing risks that children are exposed to while online.  However, while a number of different groups have proposed that President-elect Obama take action on the matter, most of them disagree about what he should do.  Obama himself has said little about how he will promote online safety, leaving the issue open for further examination.  In this post, we will look at some of the proposals that have been made for the incoming administration, and articulate some of the pros and cons of each group’s ideas.

First, one must note the importance of the United States’ policies on child pornography to the rest of the world.  Former British prime minister Tony Blair has personally written to President-elect Obama, asking him to take action before the issue unduly hurts other countries.  According to the UK’s Internet Watch Foundation (IWF), more illegal images are hosted by U.S. internet companies than by any other country.  While President Bush ignored the British leader’s concerns, child protection charities are hopeful that the Obama administration will address the issue more forcefully.  We would hope that, under a proposed Chief Technology Officer, child pornography would be at the forefront of the White House’s concerns.

When it comes to more specific proposals, the Family Online Safety Institute has provided the most specific guidelines for Obama.  In their recently-released “Making Wise Choices Online” report, FOSI has lamented that the U.S. has no coordinated national strategy to address online safety.  To change this, the group has made several recommendations:

  1. To create an annual White House Online Safety Summit
  2. To create a United States Council for Internet Safety (by following the UK’s lead:  The nation had government, industry, and NGOs cooperate to create its program)
  3. To create an Online Safety Program to fund research and educational projects (again along the lines of the UK’s Safer Internet Program), beginning with a $100 million awareness program
  4. To institute the post of National Safety Officer within the office of the Chief Technology Officer

The report also emphasizes the importance of companies’ cooperation in the matter, stating that ISPs, phone companies, and wireless providers should play an active role in helping families to protect their children.  For example, FOSI cites the effort of MySpace (in the Internet Technical Task Force) to study what new technology can be used to help protect children online.

All of these suggestions are admirable.  However, as Julian Sanchez of Ars Technica points out, the report also includes some interesting commentary that could stem from the fact that the group is “composed of and funded by major telecom and software firms”.  FOSI spends some time downplaying the dangers of the Internet, claiming that much of parents’ fears are based on the hype created around TV shows like “To Catch a Predator” that place more emphasis on entertainment than on reality.  The report states that the resulting “technopanic” has caused parents to demand for legislators to create overly restrictive laws that have “distracted all of us from the real opportunities to teach critical thinking, digital citizenship, and a new form of media literacy that embraces the new technologies, rather than banning or blocking them”.  Thus, FOSI encourages the European model of education, a model that empowers children as those that must responsibly understand and participate in the online world.

This advice seems somewhat misguided.  Certainly, children must have an understanding of the Internet and its potential dangers or abuses, but they cannot be expected to have perfect judgment when it comes to such a large and mostly lawless world.  The fears promulgated by “To Catch a Predator” may be overblown, but they have a firm basis in the real world, and parents must be aware of that.  Legislation must be put in place to act as a safety net when children or families do make the wrong decisions, and it needs to be stringent.  Thus, while FOSI’s recommendations are useful, they should only be a starting point for the Obama administration.  More research or educational initiatives won’t do anything if they’re not coupled with real consequences for violations (by adults) of the law.

For this reason, the suggestions of other individuals and groups seem to be more appropriate.  Specifically, Chris Soghoian makes some useful recommendations when it comes to Obama’s child porn policy.  Somewhat along the lines of the FOSI report’s National Safety Officer, Soghoian stresses the need for some kind of “child pornography czar” under the CTO.  Such a position would ensure that the government exercised proper oversight over the enforcement of child pornography laws, which is not occurring in the status quo.  Currently, the National Center for Missing and Exploited Children (NCMEC) has been given the authority to fight child porn, but the organization is a nonprofit and isn’t subject to many laws that prevent governmental excesses and abuses (such as the Freedom of Information Act, the Privacy Act, and even the Constitution).  By demanding for a “czar” to ensure transparency of the law enforcement process, citizens can be sure that their rights are being protected even as children are being saved.

We would go a step further than Soghoian does in recommending duties for a child pornography czar.  Surely, governmental accountability is important, but a czar would also need to promote awareness of online safety issues and recommend alternatives for legislators.  Some ideas have included instituting an “.xxx” domain for porn and increased authority for the FBI to enforce child pornography laws.  All of these ideas have the potential to be successful if implemented over the upcoming years.  Again, family awareness and prevention is an important first step, but other measures need to be implemented if minors are be fully protected online.

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