Bill requiring Internet companies to report “terrorist activity” opposed by digital rights groups

Published 10 August 2015

A coalition of digital rights groups and trade associations last week released a joint letter opposing a proposal in the Senate to require U.S. tech firms to police the speech of their users and to report any signs of apparent “terrorist activity” to law enforcement. The letter says that this sweeping mandate covers an undefined category of activities and communications and would likely lead to significant over-reporting by communication service providers. The letter urged senators to remove the “terrorist activity” reporting requirements from the Intelligence Authorization Act (S. 1705).

A coalition of digital rights groups and trade associations last week released a joint letter opposing a proposal in the Senate to require U.S. tech firms to police the speech of their users and to report any signs of apparent “terrorist activity” to law enforcement. The Center for Democracy &Technology (CDT), one of the signatories, says that this sweeping mandate covers an undefined category of activities and communications and would likely lead to significant over-reporting by communication service providers. The letter urged senators to remove the “terrorist activity” reporting requirements from the Intelligence Authorization Act (S. 1705).

The Intelligence Authorization Act was about to pass the Senate by unanimous consent until Senator Ron Wyden (D-Oregon) put a hold on the bill last week, urging senators to consider the implications of an Internet reporting requirement for all U.S.-based tech companies. The tech groups which signed the letter argue that the reporting provision, which was added to the Act during closed proceedings of the Senate Select Committee on Intelligence, would put social media platforms, telecom providers, cloud services, and Web sites on the hook for providing government authorities with their users’ personal information and communications content, without the government having to articulate specific suspicions regarding the individual users involved.

“Turning Internet companies into informants for the government flies in the face of individuals’ fundamental right to privacy,” said Emma Llansó, director of the Free Expression Project at the Center for Democracy &Technology. “People who know their online service providers are required to turn over a broad category of communications and ‘activity’ to the government will face a serious chilling effect on their willingness to access information and speak their minds online.”

The joint letter emphasizes that this provision is not only damaging for users’ free speech and privacy; it is also unnecessary. Internet providers are already permitted to report to law enforcement evidence of crimes that they discover on their networks, and to share the content of relevant communications during an emergency. Providers also support lawful criminal investigations and comply with properly targeted requests for information.

“Forcing tech companies to serve as investigators and intelligence analysts on behalf of the government is an egregious overstep of what should be considered necessary and acceptable scrutiny in a free, connected society,” Llansó concluded.

http://www.homelandsecuritynewswire.com/dr20150810-bill-requiring-internet-companies-to-report-terrorist-activity-opposed-by-digital-rights-groups