More worrisome is the suggestion that police be allowed better ability to search out people who “try to exploit children” (presumably sexually, not going after Saturday morning cartoon advertisers pushing sugary cereal). This, combined with the suggestion of collaborating with the “private sector” suggests that an Obama administration would allow and even encourage monitoring of private communication and internet use, and revealing the people (at least potential child predators) behind the IP addresses. This creates a dangerous slippery slope towards allowing similar monitoring of suspected terrorists, drug-traffickers, identity thieves and poker-playing internet gamblers. In light of this, focusing on child-side protection may be a better alternative.

Obama’s promise to “update and reform our copyright and patent systems to promote civic discourse, innovation and investment while ensuring that intellectual property owners are fairly treated” seems like an excellent idea, but creates its own risk. Since traditionally the voice of the intellectual property owners, such as the RIAA or MPAA, have advocated a version of being “fairly treated” that allows them to track down and sue internet pirates, there is a real danger that such reform could take the form of allowing greater investigative authority into such activity. Any system that creates incentives on ISPs to monitor their users or allows entertainment industry investigators to do the same thing would result in a massive violation of privacy, akin to sharing library lending records with such people (if people used the library for hours every day for a multitude of tasks). On the other hand, this entire risk could be eliminated if copyright were altered in such a way that lessened the incentive of the entertainment industry to do this sort of spying. What such changes would be is a topic for some other paper.

Finally, the assumptions implicit in what Obama suggests to “Safeguard our Right to Privacy” suggest that there are dangers there as well. He plans to restricting how information in “powerful databases containing information on Americans that are necessary tools in the fight against terrorism”, which reveals that he plans to keep such lists. There is no reason the citizenry should be comfortable with the government possessing such information, no matter how well it is kept from being misused, as defined by the government. Obama also plans to update laws to ensure that investigation and intelligence-gathering is only done under the rule of law. This is an improvement over the current situation, but with no description of what that rule of law will be, there is still substantial risk to privacy. Finally, related to the child protection law-enforcement issue, Obama plans to increase the FTC’s enforcement budget to track down “cyber-criminals” who spam us. This creates a similar danger of allowing government agencies to closely investigate internet users online activity.

[For the purposes of this paper I will be assuming the stance taken in this position paper: http://www.barackobama.com/pdf/issues/technology/Fact_Sheet_Innovation_and_Technology.pdf are true. All quotes are directly from the paper. Feel free to comment on any changes that may have been suggested more recently, but for a short paper I think it makes more sense to have a single solid policy statement to comment on.]