The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”- 4th Amendment, Bill of Rights, U.S. Constitution
What would you say if your state decided that your ISP had to keep records of all the Web sites you went too? That they had to keep records of both Internet protocol address and domain names of all sites that you visited and they had to keep them for a minimum of two years. That is what is being proposed in the Hawaiian State Legislation under H.B. 2288, which states that Internet destination history information and the subscriber’s information, such as name and address must be saved for no less than two years. I know what some of you are saying I don’t care if the government knows what Web sites I visit I have nothing to hide, or if you aren’t doing anything wrong what’s the problem.
Do you currently belong to any political or social organization like the Tea Party and do you visit supporting Web sites a lot. How would you feel if the government started investigating the Tea Party and started looking for information on its members. Now how do you feel about the legislation. Let’s take this to the real world, what if the government required the local retail stores to keep a record of every book you bought, every magazine article you read, the talk radio you listen too, the clubs you joined, the people you associated with, now how do you feel. If you are like me you are saying to yourself that’s none of the government business, well this legislation does exactly that only in the virtual world.
Rep. John Mizuno of Oahu is a lead sponsor of the bill and a similar bill is being introduced in the Hawaii Senate. The bills are being introduced at the behest of Representative Kimberly Marcos Pine, who is in the middle of a dispute with a web designer Eric Ryan, who launched KymPineLsACrook.com and who says she owes him money. Her email was also hacked last summer, at the same time an article was written in the Hawaii Reporter about the dispute. Because of these incidents Rep Pine has advocated tougher cyber laws. Those who support the legislation say that this type of law is necessary to “to protect people of Hawaii from these attacks and give prosecutors the tools to ensure justice is served for victims.” Unfortunately for the supporters of this bill, that is not how the law works in the United States, you can’t gather information on a large group of people in hopes that you may capture a few bad apples.
If the constitutionality of the bill is not enough there is also the question of what the Internet Provider can do with the information while they hold it. The bill says nothing about how the data should be stored or if it needs to be encrypted. There is no prohibition against the Internet Companies selling the information to anyone including advertiser or insurance agencies. So if you don’t care about the government having the information, how about your insurance company. The police aren’t even required to get a court order to view the information of anyone who uses a computer in Hawaii. This legislation would not only apply to Hawaiian residents but it would also apply to the 6 million tourist who visit the state each year. Which mean coffee shops, hotels, bookstore or anyone else with a public wi-fi would have sweeping requirements and cost put upon them.
We all want the bad guy to be caught and stopped, but not if it means giving up our rights and freedoms. Although SOPA and PIPA were stopped last week in the U.S. Congress, the fight over our rights and freedoms on the Internet is on going, it has simply moved to state legislation, we all need to remain vigilant.