Slowly, even some ardent defenders of the Internet's libertarian culture are turning to government for protection. And therein lies a hidden threat posed by Internet crime.
Attorney General Janet Reno and FBI Director
Louis Freeh lobbied Congress yesterday to expand the federal
role in the battle against Internet crime. The Clinton administration
is asking for an additional $37 million to bolster its hacker-tracking
"cyberforce," among other initiatives. President Clinton
this week tried to reassure Internet executives that Big Brother
was not coming to the Internet. But have efforts to police cyberspace
already gone too far?
There's no question that as Internet use increases, Internet
use by criminals increases. Some of the dangers have been well-chronicled:
Electronic information lures thieves. Stolen "identities"
allow crooks to run up credit-card bills, pass bad checks,
and destroy credit histories. A well-publicized hacker has
recently elevated this gambit to a new level, blackmailing
an online retailer from which he stole thousands of credit
card numbers.
Anonymity emboldens perverts. Purveyors of pornography
-- legal and illegal- have found the Internet good for business.
And sexual predators use the seemingly benign settings of
chat rooms to identify and lure potential victims.
A global network multiples opportunities for economic
crime. Auction sites like eBay not only facilitate honest
transactions; they invite dishonest individuals to rip off
trusting counterparties. Steven Kamensky, a Long Island high
school student, and his father, Ira, were arrested last fall
and charged with collecting more than $50,000 by allegedly
defrauding eBay customers.
In another alleged racket, Alfred Flores was indicted and accused
of purchasing shares of a bankrupt chain of used car dealerships.
According to Securities and Exchange Commission charges, he
circulated information to online traders that the company had
purchased a research firm developing a cure for AIDS. He allegedly
made $500,000 on the resulting increase in stock values.
Slowly, even some ardent defenders of the Internet's libertarian
culture are turning to government for protection. And therein
lies a hidden threat posed by Internet crime. Government agencies,
struggling to combat new types of criminals, may tread upon
individual rights. And the public, whipped into a frenzy by
stories of Internet mayhem, may accept these intrusions too
easily.
Consider Echelon, a spying network jointly operated by the
national intelligence agencies of several Western countries,
led by the U.S. National Security Agency. Echelon combats international
terrorism by scanning millions of international communications
(including e-mail) for suspicious words like revolution, manifesto
and Waco. When Echelon's existence was revealed last year, its
scope surprised even the most vocal alarmists. It has aroused
opposition from diverse quarters, from Rep. Bob Barr (R., Ga.)
to the American Civil Liberties Union.
On the domestic scene, several federal law-enforcement agencies
have increased their attention to Internet crime. As part of
its Operation Innocent Images, the FBI tracks adults with a
suspicious interest in children. Agent Allison Mourad is one
of several who spend their days "disguised" as 13-year-olds
in Internet chat rooms, trying to lure pedophiles. The Securities
and Exchange Commission has created a "cyberforce"
to troll the Internet for scam artist, as have the Federal Trade
Commission and the Food and Drug Administration, which is on
the lookout for pharmaceutical sellers who do not require prescriptions.
President Clinton's Working Group on Unlawful Conduct on the
Internet has proposed a Federal Intrusion Detection Network,
or FIDNet, within the FBI that would monitor flows of electronic
data to help track down the hackers of the future. This would
create an unprecedented opportunity for the FBI to perform surveillance
of all domestic communications. The proposal has drawn a flurry
of objections from privacy advocates. The FBI has also proposed
rules that would permit tracking of physical locations by cellular
phone use and monitoring of Internet traffic under the Communications
Assistance for Law Enforcement Act. (The rules are being challenged
in court.) Another administration plan is LawNet," which
would coordinate enforcement and prosecutorial activities around
the world.
Gradual Erosion
Any of these developments may be defensible on its own. But
the gradual erosion of individual rights is clear, if unintended.
Each step is made palatable by the steady stream of near-hysterical
reports of Internet crime. The FBI's rules that would mandate
electronic backdoors to make every home computer more "eavesdropper
friendly," for example, have received minimal attention
or protest outside the civil liberties community.
We must guard against giving away our freedom over a panic
based on hyperbolic horror stories. As Justice Louis Brandeis
observed: "The greatest dangers to liberty lurk in the
insidious encroachment by men of zeal, well meaning, but without
understanding."
Copyright 2000, The Wall Street Journal
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