Thursday March 09 07:18 PM EST

Reno Urges New Laws, No Anonymity for Internet

WASHINGTON (APBnews.com) -- A new government report says that some laws may need to be revamped to deal with today's computer technology, and the days of the Internet providing its users a cloak of anonymity could be numbered.

Those are some of the key conclusions included in the "The Electronic Frontier: The Challenge of Unlawful Conduct Involving the Use of the Internet," which was released today and prepared by a special working group of high-ranking federal law enforcement officials, as well as other government agencies.

The lengthy report does not get into specifics but instead paints a landscape of what is happening in efforts to fight computer crime, from better training and security to protecting the nation's critical infrastructure.

One potentially controversial part, which may get the attention of privacy advocates, deals with "tracing" by investigators.

The report stresses the "need for real-time tracing of Internet communications across traditional jurisdictional boundaries, both domestically and internationally; the need to track down sophisticated users who commit unlawful acts on the Internet while hiding their identities."

"The Internet has afforded our society unparalleled opportunities, many of which we are just discovering, but it is also providing new opportunities for criminals to engage in crime," Attorney General Janet Reno said in releasing the report.

Group formed to combat cybercrime

The Working Group was established last August, following an executive order that directed it, under the leadership of the attorney general, to address the issue of cybercrime.

"Despite the general adequacy of laws that define the substance of criminal and other offenses, however, the Working Group finds that the Internet presents new and significant investigatory challenges for law enforcement at all levels," the report states.

The report recommends a three-pronged approach to dealing with cybercrime.

It says that that online misconduct and cybercrime should be treated in a manner that is consistent with the way that it is treated offline, with safeguards for personal privacy and civil liberties.

Need for new training and tools

In addition, because cybercrime presents "significant challenges" to law enforcement, there is a need for increased training, new investigative tools and legal authority.

And finally, there needs to be an ongoing campaign to teach "cyber-ethics." The report says there does not need to be a wholesale overhaul of ways to deal with cybercrime, but some federal laws would need to be amended to deal with the new technologies.

"The Working Group finds that existing substantive federal laws generally do not distinguish between unlawful conduct committed through the use of the Internet and the same conduct committed through the use of other, more traditional means of communication," reads the report. "To the extent these existing laws adequately address unlawful conduct in the offline world, they should, for the most part, adequately cover unlawful conduct on the Internet. There may be a few instances, however, where relevant federal laws need to be amended to better reflect the realities of new technologies, such as the Internet."

ACLU: 'Dangerous recommendations' in report

Not everyone is pleased with the report.

The American Civil Liberties Union (ACLU) said that in the name of blocking Internet crime, the report contains "dangerous recommendations that would strip away basic privacy, free speech and free press protections."

"The attorney general and Congress should view this report for what it is -- a law enforcement wish list," said Barry Steinhardt, associate director of the national ACLU and an author of the letter. "If our government truly wants to combat cybercrime, then it should look to build up our defenses through more secure networks and encryption rather than stripping away rights."

Gregory T. Nojeim, a legislative counsel with the ACLU's national office in Washington, said some legal protections might indeed be outdated, but that the law needs to catch up with, not dismantle, privacy protections. He took issue with the report's reference to privacy and anonymity as a "thorny issue."

"Anonymity on the Internet is not a 'thorny issue'; it is a constitutional right," Nojeim said. "Law enforcement and national security agencies want to outlaw the digital equivalent of pen names."

Report praised by industry group

The Information Technology Association of America (ITAA), a high-technology trade association, lauded the report, calling it a "sensible approach to a difficult issue."

ITAA President Harris Miller said the report builds the framework for a productive partnership on cybercrime-fighting issues.

"Cybercrime can never be accepted as the price of doing business on the Internet," Miller said. "We must have zero-tolerance for individuals who intentionally disrupt networks, tamper with electronic property or steal online assets."

He added that new laws should not diminish rights to privacy, create unnecessary financial burdens or otherwise make the Internet a less than friendly marketplace.

"The Working Group report is a balanced approach to crossing over one of the Internet's highest wires," he said.

Report: Existing laws should be updated

The ITAA supports the report's call for using existing federal laws, updated as necessary, to fight crime in cyberspace.

But as they did at a recent congressional hearing on cybercrime, the ITAA reiterated its concerns against a raft of new laws being proposed to deal with computer crime.

While the ITAA agrees with the report's assertion that gaps may exist in current law, particularly in the area of evidence collection, the association cautioned that new laws must move forward slowly and with the full participation of industry.

"I am particularly pleased with the recognition that the working group gives to the Cybercitizen Partnership program ITAA has created with the Department of Justice and leading companies," Miller said. "Cyber-citizenship means bringing the same high standard of ethical behavior you practice in everyday life to the online world. We are proud to be partnering with Justice and other groups to help make online ethics really click for kids."

By David Noack, an APBnews.com staff writer http://dailynews.yahoo.com/h/ao/20000309/cr/20000309019.html

-- Jen Bunker (jen@bunkergroup.com), March 09, 2000