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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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The Importance of...


August 05, 2004
States Warn Email ProvidersEmail This EntryPrint This Entry
Posted by Ernest Miller

The Washington Post (annoying reg. req.) reports that state attorneys general are rather unhappy with the illegal activity taking place through email networks (States Warn Email Providers):

More than 40 state attorneys general are set to warn major email providers that they may face enforcement actions if they do not take steps to stem illegal activity on the networks, such as the emailing of child pornography and stolen movies and music.

In a letter to the heads of Microsoft, Google, Yahoo!, AOL, and the Apache Software Foundation, the attorneys general write that email software "has too many times been hijacked by those who use it for illegal purposes to which the vast majority of our consumers do not wish to be exposed."

Oh, wait, that didn't happen. Instead, the state attorneys general warned "major peer-to-peer file-sharing networks" and the WashPost's article was titled "States Warn File-Sharing Networks." The companies warned were Kazaa, Grokster, BearShare, Blubster, eDonkey2000, LimeWire and Streamcast Networks. Heck, I'm surprised the attorneys general were smart enough not to send a letter to "Gnutella" at 1 Protocol Lane.

But given their condemnation, why shouldn't the state attorneys general condemn email and FTP as well? An awful lot of child porn is shared via email. Shouldn't email providers be doing more to stop it?

Unfortunately, the article doesn't provide the letter and there isn't enough information to know what, exactly, has the state attorneys general upset and what they expect P2P networks to do about it. One thing we do know, the state AGs don't like privacy:

The state officials also ask the networks to stop adding encryption features to their networks that they say prevent law enforcement agencies from policing the networks to determine whether they are aiding illegal activity.

The encryption measures "only reinforce the perception, as well as the reality, that P2P technology is being primarily used for illegal ends," the letter says.

In related news, the state AGs noted that people who exercise their constitutional rights, such as the right against self-incrimination, "only reinforce the perception, as well as the reality, that civil liberties are being primarily used for illegal ends."


Category: File Sharing


COMMENTS
Alexander Wehr on August 5, 2004 01:37 PM writes...

Here is a quote excerpted from the letter which was sent:

"files reside on the hard drives of computer users and can be accessed via high-speed Internet connections even when the computer is shut off."

anyone who has used an electric appliance, please feel free to contribute to that resounding "HUH?"

YES... they actually think a hard drive can run without elecricity!

Permalink to Comment

Alexander Wehr on August 5, 2004 01:39 PM writes...

knowing the content of this letter, i wouldnt be surprised if pressure from ashcroft is'nt behind this.

Ashcroft is known for commenting on other issues in a similar manner, talking about "illegal bong trade" worming into people's homes "without their knowledge"..

help me ashcroft! i heard a scratching noise.. those bongs must be breeding in my walls!

Permalink to Comment

Rolo Timassie on August 6, 2004 05:16 AM writes...

Oh yeah, there's *loads* of legitimate content being traded on Kazaa.

Permalink to Comment


TRACKBACKS
TrackBack URL: http://www.corante.com/cgi-bin/mt/mt-pcorso.cgi/3990
State AGs Warn Filesharing Companies: Your Technology Too Dangeous! from The Importance of... Earlier today, I discussed the first media report of a letter from the state attorneys general to various P2P companies (States Warn Email Providers). Now, I have an actual copy of the letter and is it clueless. Read it the... [Read More]

Tracked on August 6, 2004 12:42 AM




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