My earlier review of this law found it to be a "Law Lacking Logic." All across the nation lawmakers are getting into technology without the adivce of experts on these issues. My review explains why this bill fails the logic test!
6-2-2008 Michigan:
LANSING -- Some call it a tool to catch people in possession of child pornography. Others call it an invasion of privacy.
The state Senate Judiciary Committee will hear testimony Tuesday on a bill that would require computer technicians to report any child pornography they find on a client's computer.
The hearing on the bill, introduced by Sen. Wayne Kuipers, R-Holland, will include testimony from Dan Tomaszewski, of Georgetown Township-based Computer House Calls, and local law enforcement.
Tomaszewski brought the issue to Kuipers last year after his company found child pornography while repairing the computer of Grand Rapids resident Michael Robert Brown, 52. Although his company reported it to law enforcement, there was no law requiring it to do so.
"The most important thing is, right now, we are not required to report any cases of child pornography," Tomaszewski said. He noted current laws do offer a computer technician legal protection should he or she tell authorities about child pornography found on a client's computer.
While the proposed law would allow computer technicians to report child pornography they see in the course of working on a computer, they would not be allowed to search a computer specifically for the images, Tomaszewski said.
"We do respect the customer's privacy," he said. "We do not go looking for it, but if we discover it in the course of our job, we turn it in."
Computer House Calls had two instances last year where technicians found child pornography on a computer and turned it in to authorities, he said.
Kuipers said this law would help police weed out people in possession of child pornography.
"They have difficulty sometimes finding this information and finding the people who are responsible for trafficking (child pornography)," he said. "We want to give them some additional tools."
Laws stating that computer technicians must report child pornography they see while working have been passed in at least five states -- Arkansas, Missouri, Oklahoma, South Carolina and South Dakota, according to the National Conference of State Legislatures.
South Carolina's law drew criticism in 2001 from a lawyer with the American Civil Liberties Union, who said it was an invasion of privacy.
Michigan's bill is drawing some criticism. Some comments label the bill "totalitarian" and "invasive."
Kuipers said he hasn't heard of any formal opposition to the bill so far.
"My guess is that if there is opposition, they'll come forward tomorrow," he said. ..News Source.. by Emily Monacelli The Grand Rapids Press
June 3, 2008
MI- Senate takes up law to require computer techs to report child porn
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