UNLAWFUL CONDUCT

Unlawful conduct

Unlawful conduct

Introduction For these reasons, the President and Vice President established an interagency Working Group on Unlawful Conduct on the Internet, chaired by the Attorney General, to provide an initial analysis of legal and policy issues surrounding the use of the Internet to commit unlawful acts. Specifically, the Working Group considered (1) the extent to which existing federal laws are sufficient to address unlawful conduct involving the use of the Internet; (2) the extent to which new tools, capabilities, or legal authorities may be needed for effective investigation and prosecution of such conduct; and (3) the potential for using education and empowerment tools to minimize the risks from such conduct.

Unlawful conduct involving the use of the Internet is just as intolerable as any other type of illegal activity. Ensuring the safety and security of those who use the Internet is thus a critical element of the Administration's overall policy regarding the Internet and electronic commerce, a policy that seeks to promote private sector leadership, technology-neutral laws and regulation, and an appreciation of the Internet as an important medium for commerce and communication both domestically and internationally. Indeed, the continued growth and maturation of this new medium depends on our taking a balanced approach that ensures that the Internet does not become a haven for unlawful activity.

Discussion Despite the general adequacy of laws that define the substance of criminal and other offenses, the Working Group finds that the Internet presents new and significant investigatory challenges for law enforcement at all levels. These challenges include: the need for real-time tracing of Internet communications across traditional jurisdictional boundaries, both domestically and internationally; the need to track down sophisticated users who commit unlawful acts on the Internet while hiding their identities; the need for hand-in-glove coordination among various law enforcement agencies; and the need for trained and well-equipped personnel - at federal, state, local, and global levels - to gather evidence, investigate, and prosecute these cases. In some instances, federal procedural and evidentiary laws may need to be amended to better enable law enforcement to meet these challenges.

Finally, an essential component of the Working Group's strategy is continued support for private sector leadership and the development of methods - such as "cyberethics" curricula, appropriate technological tools, and media and other outreach efforts - that educate and empower Internet users so as to minimize the risks of unlawful activity. This Administration has already initiated numerous efforts to educate consumers, parents, teachers, and children about ways to ensure safe and enjoyable Internet experiences, and those efforts should continue. The private sector has also undertaken substantial self-regulatory efforts - such as voluntary codes of conduct and appropriate cooperation with law enforcement - that show responsible leadership in preventing and minimizing the risks of unlawful conduct on the Internet. Those efforts must also continue to grow. Working together, we can ensure that the Internet and its benefits will continue to grow and flourish in the years and decades to ...