Q: Why is the Executive Order necessary? Is there a specific problem with the Internet that you are trying to address?A: The Executive Order is a recognition that, apart from the Internet’s dramatic and exciting benefits, it also allows those who want to violate or evade the law an opportunity to reach exponentially greater numbers of people. We want to make the Internet safe for commerce and safe for all Americans. One way to do that is to take a step back from the discrete issues – Internet sale of drugs, guns, explosives – and take a more comprehensive look at our policies to see what we need to do to address the challenges posed by this new technology. The Working Group provides a mechanism to understand the scope and applicability of current law, the extent to which new technological tools or resources can help in the fight against crime, and the potential to use other means to lower the risks from unlawful acts on the Internet.
Q: What is industry’s role in this process?
A: The Working Group will seek input from industry, consumer, and other private sector groups as it carries out its work. In addition, the Working Group will undertake its review in the context of current Administration policy, which includes support for industry self-regulation where possible, technology-neutral laws and regulations, and an appreciation for the Internet as an important medium both domestically and internationally for commerce and free speech
Q: You say that this review will be done in the context of current Administration policy, which favors self-regulation. Isn’t the approach described in the Executive Order inconsistent with self-regulation?
A: No. The Administration continues to believe strongly in the need for self-regulation of this growing engine of our economy, but unlawful conduct does not become lawful simply because it happens to involve the use of the Internet. If you break the law by sending child pornography through the mails or planning a terrorist attack, your conduct does not suddenly become insulated from legal scrutiny simply because you used e-mail to commit the crime. Our criminal laws, by hypothesis, exist because we as a society do not believe self-regulation works to prevent conduct that is so harmful or morally unacceptable that we decide to make it a crime.
Q: Isn’t this just the first step toward having Big Brother monitor all content on the Internet? How does this effort relate to the FIDNET (Federal Intrusion Detection Network) proposal?
A: The Administration has no plans to monitor all content on the Internet. The Working Group’s review is intended as a forum to develop a comprehensive and coordinated policy approach to address unlawful conduct that involves the use of the Internet. Furthermore, as for FIDNET, this is merely a proposal to protect the security of Federal networks that contain sensitive information or perform critical functions to prevent unauthorized break-ins.
Q: What kind of international issues will the Working Group address?
A: We are finding that much of the conduct that may be of concern – such as the sale of prescription drugs without a valid prescription – may originate from website operators or other who happen to be abroad. The borderless aspect of the Internet raises difficult jurisdictional issues and investigatory challenges. We are working on a number of fronts to secure increased cooperation with our foreign counterparts on these issues, but we want to address the international aspects in a coordinated fashion, and it will therefore be important for the Working Group to consider these issues in the context of the report and recommendations.
Q: Will the Administration’s review also cover Internet gambling? Other Internet crimes?
A: One of the initial tasks for the Attorney General and the Working Group will be to define the scope of the report. While the Executive Order does not limit the review to specific topics or crimes, the intent of the Executive Order is to primarily target and seek solutions to criminal activity on the Internet.
Q: What is the outcome likely to be?
A: The Working Group will produce a report and recommendations to the President and Vice President within 120 days, assessing: (1) the extent to which existing laws and technologies can be applied to unlawful conduct on the Internet; (2) the extent to which new technological tools may be required for effective investigation and prosecution of unlawful conduct on the Internet; and (3) the potential for new or existing tools to educate and empower parents, teachers, and others to prevent or to minimize the risks from unlawful conduct involving the use of the Internet.