Author: Jared Fallon

Despite the fact that it can be fun to find you’ve won $5,000,000 inheritance from your now deceased uncle in Nigeria or are offered to buy a 2008 oil tanker, there is currently a bill on the table that would make such emails a civil crime. According to Gartner, Inc., an IT industry research and advisory company, “between August 2006 and August 2007, roughly 3,500,000 United States computer users were victims of phishing scams, and suffered losses totaling $3,200,000,000.” Spam is something we all hate to love, but despite the fact that it can be…fun… several US senators are trying to make such acts worthy of a conviction and hefty crime.

Senator Olympia Snowe (R-ME), backed by Bill Nelson and the convicted felon/Congressmen Ted Stevens, are proposing S.2661, a bill that would allow the FCC to determine and enforce whether or not you’ve been “phishing”. Senator Snowe estimates that 59,000,000 phishing emails are sent per day with nearly 1/6 actually being opened by the recipients. Under section 3 of the bill, “Phishing; Related Deceptive Practices” the enforcement outlines up to $2,000,000 in penalties if a person is found knowingly identifying false or misleading information. The bill seems to weigh especially heavy if a person is found misrepresenting a government division, despite the fact that non profits, business, and other entities are covered. In addition, the jail time for such a conviction can last up to 5 years – a long enough time to make people think twice as to whether or not it’s truly worth the risk to offer Viagra at cost. Even though it’s always nice to see you can make free long distance calls to your aunt in China or that Mike Smith (a long time friend of everybody’s) has found a new job for you and only requires your birthdate and social security number in return, your inbox may not be quite as full a year or so from now.

Author: Crystal Fontaine

In less than a century, people advanced from horses and carriages to automobiles and airplanes. The turn of the century brought about a technological explosion with advancements emerging in every direction as demand for more efficient and swifter ways of doing things increased exponentially. Computers arrived with the internet not far behind, providing more fruitful ways to communicate across the boarder and file documents.

Unfortunately, Governor Palin does not show much of an opinion concerning the issue of technology and the internet. Perhaps it is not exactly high up on her priority list. As Governor, Sarah Palin record comes up short of incorporating any kind of technological policies. Nevertheless, Governor Palin has taken advantage of the internet some by creating an online training program for the workforce. The program, Alaska Career Ready, gives users the capacity to take a set of surveys to discover what abilities they have or may need for an assortment of preferred jobs. In addition, these users may select online courses for developing weak or under-skilled areas. This program allows for a faster and more efficient way for workers to evaluate their own skills and it provides a way to help them improve weaker areas. Despite these details, however, Governor Palin has not really taken any initiative on broadband policy. Unfortunately, Alaskans connect at a slow rate. She has also helped Alaskan residents’ access affordable healthcare through the Alaska Health Care Transparency Act. The act provides tele-medicine and tele-health initiatives that provide care to Alaska’s most remote residents. According to Palin, it is vital to the economy to improve and expand more efficient transportation.

Senator Joe Biden looks to have taken a bit more interest on the subject. Biden is a supporter of clean technology, co-sponsoring the Senate Bill 1177. The legislation would amend the Clean Air Act to establish a nationwide uniform air pollutant rigid program for the electric generating zone. In a 2006 hearing, Biden proved to be a skeptic of net neutrality as he questioned the need for preventative measures when no evidence presented itself. He believes that if everyone who felt those rights were being violated and were given a hearing, it would be impossible to handle every case. Senator Biden is also a strong supporter of copyright. In 2002, he asked the Justice Department to take a harsher position on copyright violation. A noteworthy effort on Biden’s part is the PROTECT Act of 2003, which made it a felony to forge keys to use for counterfeit software or to operate unauthorized computer programs. He also co-founded and co-chaired the Congressional International Anti-Piracy Caucus. Other noteworthy legislation on Biden’s repertoire includes S.1738 and S.223. Biden sponsored Senate Bill S.1738 to increase resources for regional computer forensic labs, among other things. S. 223, which he co-sponsored, requires senate candidates to file designations, reports, and statements in electronic form. Senator Biden was also a challenger of the FISA reform bill, strongly opposing warentless wiretapping.

On one hand, we have the fresh face of Sarah Palin, who seems more concerned about oil than technological and internet issues. On the other hand, there is the well-known face of Senator Biden, who seems to have realized the importance of these issues. Who will have your vote?

Session after session politicians continually craft new ways to get more control on the last free media frontier we have – the internet. The latest bill to pass is the worst one to come along this congressional session. Patrick Leahy’s (D-VT) S.3325 states its reason for existence is to “enhance remedies for violations of intellectual property laws and for other purposes”. It’s the “other purposes” that should have people concerned.

Among the bills’ 63 pages includes the creation of “Intellectual Property Enforcement Coordinator” – an Internet Czar empowered to help the government sue for copyright infringement. The actual bill text states that the main goals of the act are to “enhance the efficiency and consistency” with Federal Funds in order to “enforce, investigate, or prosecute intellectual property crimes”. Consistent efficiency should never be valued above free, unrestricted journalism but as we all know, money talks. The supporters of the bill from the private sector include a handful of Hollywood personnel, the recording industry, various labor unions and the US Chamber of Commerce. On the con side we find hosts of freelance journalists and groups such as Public Knowledge, a Washington DC public interest group working to defend the future of the media frontier.

Other related pending legislation that also should be tracked includes H.R.4279 and S.522. The first seeks to create an IP Dictator at the Department of Justice while the latter aims to further increase intellectual property rights enforcement. For the most up-to-date information available on the web for this and other pending policies click here.

It will be interesting to see how this policy not only affects the future of current copyright infringement laws but future proposed legislation as well. To those spreading the word and maintaining dialogue out there don’t give up, this is an uphill war that just lost a battle.

Author: Jared Fallon

The words we have all feared for so long are increasingly becoming a reality day after day. As forewarned at the 08 Fortune’s Brainstorm Tech conference by Stanford Law Professor Lawrence Lessig, “There’s going to be an i-9/11 event which will act as a catalyst for a radical reworking of the law pertaining to the internet”. Change is in the wind, and several key legislators are busier than ever thinking of new ways on how to use legislation as a tool to regulate the only true free frontier for media we have left.

At the time being, the two main federal bills to keep an eye on are: H.R.4279 and S.522. The first, sponsored by John Conyers Jr., (D-MI), would create an IP Dictator at the Department of Justice while attempting to “enhance remedies for violations of intellectual property laws, and for other purposes.”  S.522, on the other hand, is one of Evan Bayh’s (D-IN) bills and clearly only keeps the best of all of our mutual interests in mind by improving “…the effectiveness of domestic and international intellectual property rights enforcement…”.  It is no coincidence that both of these congressmen have sponsored several bills together and have many friends of reciprocity. More dialogue must be created about these bills for the future of the internet and free media as we know it.