Guess Who's Back? Back Again. DOPA's Back, Tell a Friend.

From danah boyd comes word that the Deleting Online Predators Act, otherwise known as the MySpace bill, is back. This time, it's sandwiched into Ted Steven's new Protecting Children in the 21st Century Act (S. 49). In DOPA we have a prime example of Congress' "predator test," where legislation that might do something, anything about child predation is given a free pass. Looking at the measure with any appreciation for technology, it's hard not to see it as an overly-broad and reactionary bill that won't do a whole lot to lessen the exploitation of children. Still, last session it sailed through the House by a vote of 410 to 15 before withering in the Senate. (I guess there's some solace in the fact that all 15 nays were Dems -- Conyers, Grijalva, Hinchey, Honda, Kucinich, Lee, Lofgren, McDermott, Payne, Schakowsky, Bobby Scott, Serrano, Stark, Watson, and Woolsey.) More on S. 49 after the jump.

What the DOPA-esque section of S. 49 does is make it so that schools and libraries that receive E-Rate funding (federal monies from the Universal Service Fund to provide telecom and Internet connectivity) have to take steps to prevent children from using their computers to access "commercial social networking sites" and "chat rooms." Other provisions in the bill require that the FTC put up a public website detailing the dangers of social networking and that websites containing pornographic content carry warning labels.

Who determines what's a social networking site? There was a big debate in Congress a couple of years back where everyone was trying to figure out how you define P2P technologies like Kazaa or Grokster without roping in whole Internet. But this is pretty different. P2P apps tended to use the same ports that could be blocked administratively. Social networking sites don't have that kind of technical calling card and have to be identified on a case-by-case basis. The way that S. 49 works, that job's left to the FCC. But S. 49 gives guidance, telling the commission to take into consideration the extent to which a site:

(i) is offered by a commercial entity;
(ii) permits registered users to create an on-line profile that includes detailed personal information;
(iii) permits registered users to create an on-line journal and share such a journal with other users;
(iv) elicits highly-personalized information from users; and
(v) enables communication among users.

Once the FCC has figured out what to call a social networking site, it's up to teachers and librarians to make sure that kids using the Internet don't get to them. Of course, kids lucky enough to own their own computers can just wait and social network all they want when they get home. But that's a subject for a different post.

At a time when almost every presidential candidate (see MyBarackObama.com and McCainSpace) and both national parties are eager to capture that social networking magic, there are still a whole lot of politicians willing to sell out technology rather than cast an unpopular vote. Heck, one way of looking at it, it'd almost be worth it for this bill to get another vote just to see who's willing to stand up for the future of technology, even if it means being tarred as an accomplice to the exploitation of kids.

(Stealing an idea from Marianne Richmond, if you want to keep an eye on S. 49, just head over to the fantastic GovTrack.us and set up a monitor for it.)



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A puzzle here (none / 0)

This rang just a vague bell with me.

It was HR 5319 that was the bill in the 109th.

According to THOMAS, it was introduced in May 06, passed the House as a suspension at the end of July by the humungous margin you mention, and died in Senate committee.

What I can't work out is why, when it was passed almost nem con in the House, it couldn't have found 60 senators and a compliant majority leadership to see it on its way.

There's no related Senate bill shown by THOMAS either.

Of course, there may just have been too much legislation to process which took priority. But - I'd be fairly sure that they found time in that period to move quite a deal of no-hope stuff.

Old Ted, though, was having trouble with his telecoms bill S 2686 round this time, so perhaps that was it.


by skeptic06 on Sat Feb 17, 2007 at 07:08:51 PM EST

Re: A puzzle here (none / 0)

I have no memory from the time of what went down, but Andy Carvin has a contemporaneous breakdown on what he thought had happened to HR 5319. In short, he ties the bill's failure to 1) Senator Leahy's objections to it, 2) the Mark Foley situation, 3) Foley's connection with Mike Fitzpatrick, the bill's sponsor, and 4) Fitzpatrick's tough re-election race (that he eventually lost to Patrick Murphy).

Total guess, but I think that 2) might have really contributed in it not going anywhere in the Senate Commerce Committee.
by Nancy Scola on Sat Feb 17, 2007 at 07:34:57 PM EST
[ Parent ]

Wow! (none / 0)

Many thanks for the link.

A much more interesting - not to say, gaudier - story than I thought it would be!

Interesting to see what efforts will be made to get round the roadblock of Dingell and Markey: discharge petition, perhaps...


by skeptic06 on Sat Feb 17, 2007 at 07:58:09 PM EST
[ Parent ]

Re: Guess Who's Back? Back Again. DOPA's Back, Tel (none / 0)

The bill is bunk, and obviously should be endorsed by no one.

But could someone please explain to me the attraction of these sites?  It just seems crazily boring to me--put your personal information online in a cookie cutter sort of way.


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Sat Feb 17, 2007 at 07:45:11 PM EST

Speaking as someone in my late 20's (none / 0)

Who's admittedly on the far end of this demographic (every year you get younger on myspace there are twice as many profiles) there are several major functions that I use the site for.

1.  For those people who are your friends on the site, it essentially replaces e-mailing

2.  It's a way to easily get in contact with people who you met once at a party or a concert and then didn't see again.  

3.  You can find out what the hell happened to those people you went to high school with.  

4.  It's a far more effective way to meet someone online to date than online dating services.  

5.  If you throw a party, you can put up an online invitation people can RSVP.  Conversely, you can get a pretty good idea ahead of time how many people are going to someone else's party - and if someone you want to see (or avoid) is going to be there.  

There are a host of other functions, including broadcasting yourself as "cool" and attractive to the outside world through color schemes that make your eyes melt and misleading pictures, but I'm too old to be bothered with that crap.  


by telephasic on Sat Feb 17, 2007 at 08:28:26 PM EST
[ Parent ]

Re: Guess Who's Back? Back Again. DOPA's Back, Tel (none / 0)

Not to take away from the point, but man should Eminem not ever be used for anything.


by Lucas O'Connor on Sat Feb 17, 2007 at 08:47:40 PM EST


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