May 16, 2007 11:22 AM PDT
Feud between MySpace, state AGs heats up
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MySpace Chief Security Officer Hemanshu Nigam released a statement to the press Tuesday night, asserting that the social-networking site's partnership with identity verification firm Sentinel Tech Holding had resulted in the immediate deletion of any sex offenders' MySpace profiles located over the past 12 days, but that the AGs' original request is prohibited by law anyway.
"We are doing everything short of breaking the law to ensure that the information about these predators gets to the proper authorities," Nigam wrote. "A few attorneys general have asked us to turn the names of the sexual predators over to them. We are, unfortunately, prohibited by federal and state laws from doing so."
Specifically, Nigam cited the Electronic Communications Privacy Act of 1986. "The ECPA prohibits us from disclosing the information they're seeking without a subpoena," he said, "but we want to work with the attorneys general to find ways to get the information into the right hands."
Some of the AG offices declined to comment, citing the fact that MySpace's statement was directed to the press rather than to the states and could thus not be considered an official response. But others, like North Carolina Attorney General Roy Cooper and Connecticut Attorney General Richard Blumenthal, issued statements calling MySpace's logic faulty.
"The vague reference by MySpace to federal privacy laws certainly failed to justify a complete refusal to cooperate--or insistence on a subpoena for all information," Blumenthal, who called the social networking site's actions "inexplicable and inexcusable," said in a statement Wednesday. "If MySpace wants a subpoena, we will seek one."
Cooper's statement reflected a similar opinion. "It's outrageous that MySpace chooses to protect the privacy of predators over the safety of children. We will take action to require MySpace to give law enforcement and parents the information we need to protect our kids."
MySpace did not immediately respond to requests for further comment.
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Cooper's statement reflected a similar opinion. "It's outrageous that MySpace chooses to protect the privacy of predators over the safety of children. We will take action to require MySpace to give law enforcement and parents the information we need to protect our kids."
While I certainly have no sympathies with child predators, MySpace is 100% correct: if the government wishes to obtain confidential subscriber information from *ANY* service provider, they must go through proper channels (ie, get a subpoena or other court order) first. Furthermore, how many times has MySpace asked the government to streamline the registered sex-offenders information so they could efficiently police their own network? Who was "thinking of the children" then?
Kudos to MySpace for standing up for their principles.
Pedophiles have made a choice to leave the human race. Therefore the animals have no rights. There are no privacy issues being violated, that only applies to humans.
Tough luck myspace, you backed the wrong animal.
This joker from NC's line was - forgive me for saying it but - hilarious:
"It's outrageous that MySpace chooses to protect the privacy of predators over the safety of children."
Right, Mr Cooper - I'm sure that's Rupert Murdoch's choice.
ignoring the law and simply caving in to their illegal demands?
What's so wrong with getting a subpoena lately? Is it because
this ILLEGAL NAZI ADMINISTRATION doesn't want anyone to
notice what they are doing? Is it because they want to pass
judgement on others behind closed doors while being protected
from scrutiny?
I'm definitely not a MySpace fan, but they are in the right here. If
the AG's follows the law, MySpace will comply. They *WANT* to.
They just don't want to allow the AG's to run roughshod over
YOUR constitutional rights and end up trashing any possible
cases arising from this.
Interesting how the AG's are starting to act like nazi's after the
publicity they've got lately. I guess no matter what happens to
Gonzales, Bush has his third reich in place already. We know the
8 or 9 or more AG's that were fired were not fired for
performance reasons, I'm wondering if they all answered "no"
when asked if they would urinate on the constitution in order to
persecute the enemies of the state.
When you hear the words "terrorism", "child molester", "gay anything", "homeland" or "protect" anywhere; remember that it is the magician's flourished hand geusture, and the important thing just happend where you weren't looking.
Then get the #%&! subpoena.
At least bring them up on obstruction of justice charges! (* GRIN *)
FWIW
Second, pedophiles are no more dangerous to the rest of society than people with HIV, drug resistant TB, or incapable of being vaccinated for polio, and I don't see any of them being required to have their whereabouts restricted by law. If you are going to require them to self-report, then you're wasting your time. If they truely constitute a danger of committing a felony crime, then you are within your rights to execute them to save the victims. After all, only fools keep uncontrolled dangerous animals around.
Third, there is a vast difference between a two ten year olds playing doctor, a 19 year old having mutually voluntary sex with a 16 year old, and a 40 year old committing a murder/mutilation/rape of a 6 year old. Yet all have been covered by the term "pedophile".
Finally, the question of what harm is being done. Coercion is definately wrong. But it's even been declared illegal for someone to have child pornographic cartoons, which harm nobody. And those folks still get labeled pedophiles and sexual predators.
Basically, it's time to stop engaging in a witch hunt for people who made a mistake and paid their dues. If you're going to make it illegal for these people to exist, then you'd better put up and kill them, or shut up about the whole thing.
Growing tired of fighting Murdoch and Congressional patsies, the AGs are calling MySpace's bluff. If registered sex offenders are the problem, prove it. Give us the information Sentinel has uncovered, we'll check for false positives, we'll check Sentinel's methodology, we'll check for illegal conduct, and we'll check your reaction to the information. The AGs know they can't subpoena information about a citizen engaging in legal conduct, and MySpace wants legislation that protects them from civil claims for denying rights to a classified group of individuals. Will MySpace deny registered sex offenders from participaing in the political forums they have announced? Not without Congressional protection.