| 00:00:00 | DEGREE FROM YALE AND HIS J. |
| 00:00:03 | D. FROM YALE LAW SCHOOL. |
| 00:00:05 | MR. |
| 00:00:06 | MORRIS. |
| 00:00:11 | >> THANK YOU VERY MUCH, CHAIRMAN SEN SENSENBRENNER AND THE MEMBERS OF THE COMMITTEE. |
| 00:00:15 | ON BEHALF OF THE CENTER FOR DEMOCRACY AND TECHNOLOGY, I WOULD LIKE TO THANK YOU FOR THE OPPORTUNITY TO TESTIFY TODAY. |
| 00:00:20 | CHILD PORNOGRAPHY IS A HORRIFIC CRIME AND WE APPLAUD THE EFFORTS BY THIS CONGRESS AND THIS SUBCOMMITTEE TO INCREASE THE RESOURCES AVAILABLE TO PROSECUTE THIS CRIME. |
| 00:00:30 | A DATA RETENTION MANDATE WOULD RAISE A NUMBER OF SERIOUS PRIVACY AND FREE SPEECH CONCERNS AT A TIME WHEN THERE IS A GROWING CONCERN ABOUT PRIVACY AND IDENTITY THEFT, A GROWING CONCERN ABOUT THE COMMERCIAL MISUSE OF PERSONAL DATA, AND A GROWING CONCERN ABOUT THE INTRUSION OF THE FEDERAL GOVERNMENT INTO THE PERSONAL LIVES OF AMERICAN CITIZENS. |
| 00:00:49 | CONGRESS SHOULD BE VERY HESITANT TO REQUIRE SERVICE PROVIDERS CREATE DATABASES TO TRACK THE INTERNET ACTIVITIES OF 230 MILLION INNOCENT AMERICANS. |
| 00:01:00 | THIS MORNING I'D LIKE TO SET ASIDE BRIEFLY THE PRIVACY AND FREE SPEECH CONCERNS THAT I ADDRESSED IN MY WRITTEN TESTIMONY AND INSTEAD FOCUS ON THE FACT THAT A DATA RETENTION MANDATE WOULD HARM INNOVATION AND COMPETITION ON THE INTERNET AND HARM THE ABILITY OF THE AMERICAN INTERNET INDUSTRY TO COMPETE IN THE GLOBAL ONLINE MARKETPLACE WHICH DIRECTLY AFFECTS THE ABILITY OF USERS TO PARTICIPATE AND SPEAK IN THE ONLINE MARKET. |
| 00:01:29 | MISS DEAN ADDRESSED THE DATA RETENTION CONCERNS THAT THE INTERNET SERVICE PROVIDERS HAVE. |
| 00:01:33 | LET ME LOOK AT THE OTHER END OF THE COMMUNICATION AND ADDRESS PROPOSALS BY LAW ENFORCEMENT THAT SOURCE DATA BE RETAINED BY ANY ONLINE SERVICES THAT ALLOW USERS TO COMMUNICATE WITH EACH OTHER. |
| 00:01:49 | THE PROPOSAL THAT HAS BEEN MADE TO HAVE SERVICES LIKE YAHOO! OR GOOGLE OR FACEBOOK RETAIN DATA IS TRULY BREATHTAKING AND WOULD BE DEVASTATING TO THE INTERNET SERVICES BOTH TO EXISTING SERVICES AND CERTAINLY TO NEW INNOVATORS AND STARTUP SERVICES. |
| 00:02:08 | THE REACH OF THE PROPOSAL CANNOT BE UNDERESTIMATED. |
| 00:02:10 | THE PROPOSED MANDATE THAT WOULD REACH MOST WEBSITES AND ONLINE SERVICES, INCLUDING ALL OF WEB 2. |
| 00:02:16 | 0 SITES, ALL SOCIAL NETWORKING SITES SITES, ALL BLOGS THAT ALLOW POLITICAL OR OTHER COMMENTARY, THE GREAT MAJORITY OF E-COMMERCE SITES AND ALMOST ALL MODERN NEWS SITES LIKE "THE NEW YORK TIMES". |
| 00:02:33 | COM OR FOX. |
| 00:02:34 | COM. LOOKING JUST AS FACEBOOK AS AN EXAMPLE, FACEBOOK USERS POST IN THE NEIGHBORHOOD OF 2 BILLION CHAT MESSAGES EVERY SINGLE DAY. |
| 00:02:46 | WHEN COMBINED WITH OTHER POSTINGS, FACEBOOK ALOBENE WOULD HAVE TO RETAIN A DATABASE CONTAINING MORE THAN 1 TRILLION NEW RECORDS EVERY SINGLE YEAR. |
| 00:02:58 | THE SIZE OF FACEBOOK'S DATA RETENTION DATABASE ALONE WOULD BE LARGER THAN ALL OF THE CONTENT THAT THE LIBRARY OF CONGRESS HAS PUT ONLINE TO DATE. |
| 00:03:07 | LOOKING BEYOND FACEBOOK IN 2009 THERE WERE 247 BILLION E-MAIL MESSAGES SENT EVERY SINGLE DAY AND LAW ENFORCEMENT IS ASKING CONGRESS TO ORDER THAT EVERY SINGLE ONE OF THESE MESSAGES BE RECORDED AND TRACKED. |
| 00:03:24 | OVER THE COURSE OF A YEAR, THIS MANDATE WOULD REQUIRE A DATABASE OF MORE THAN 90 TRILLION RECORDS, AND THIS DOES NOT EVEN INCLUDE CHAT OR INSTANT MESSAGES WHICH ARE SUPPLANTING E-MAIL AS A PREFERRED METHOD OF PERSON-TO-PERSON COMMUNICATIONS. |
| 00:03:40 | WHO WOULD PAY FOR THIS? |
| 00:03:42 | INTERNET USERS WOULD PAY FOR THIS. |
| 00:03:44 | AND WHAT WOULD THE IMPACT OF THIS BURDEN BE ON ONLINE SERVICES? |
| 00:03:48 | SOME LARGER COMPANIES MIGHT SURVIVE BUT SMALLER COMPANIES WOULD BE RUN OUT OF BUSINESS. |
| 00:03:53 | IMPOSES AN UNFUNDED FEDERAL MANDATE ON ANYONE WHO ALLOWS USERS TO COMMUNICATE ONLINE CAN ONLY HAVE ONE RESULT, THERE WOULD BE FEWER BUSINESSES ABLE TO COMPETE IN THE ONLINE MARKETPLACE. |
| 00:04:03 | THIS WILL ENTRENCH THE LARGE PROVIDERS, HARM COMPETITION, HARM INNOVATION, AND ULTIMATELY HARM USERS. |
| 00:04:09 | CONGRESS SHOULD NOT MANDATE THE CREATION OF AN ORWELLIAN TRACKING DATABASE WITH HUNDREDS OF TRILLIONS OF RECORDS TRACKING INNOCENT CITIZENS WHEREVER THEY GO ONLINE. |
| 00:04:20 | AS A FINAL CRITICAL POINT ADDRESSING CHILD PORNOGRAPHY CONTEXT, I HAVE WORKED IN THIS SPACE A FAIR AMOUNT OVER THE LAST TEN YEARS AND EVERY TASK FORCE I SERVE ON, EVERY WORKING GROUP I SERVE ON, I LEARN THAT LAW ENFORCEMENT IS OVERWHELMED WITH THESE CASES. |
| 00:04:38 | THEY DON'T HAVE ENOUGH PROSECUTORIAL RESOURCES TO PROSECUTE ALL OF THE CASES THAT THEY HAVE. |
| 00:04:44 | AND SO CONGRESS, I REALLY URGE THE CONGRESS TO LOOK AT THE QUESTION AS TO WHETHER OR NOT ADDING MORE DATA AND MORE DATA RETENTION WILL, IN FACT, LEAD TO MORE PROSECUTIONS OF THIS HORRIFIC TYPE OF CRIME. |
| 00:04:57 | THE VOLUNTARY RETENTION AND DATA PRESERVATION ORDERS ALLOW LAW ENFORCEMENT TO TARGET SUSPECTED CRIMINALS AND WE URGE THE SUBCOMMITTEE NOT TO GO DOWN THE PATH OF IMPOSING DATA RETENTION MANDATES ON THE ENTIRE INDUSTRY. |
| 00:05:13 | >> THANK YOU, MR. |
| 00:05:14 | MORRIS. THE CHAIR HAS WRITTEN DOWN THE APPROXIMATE ORDER OF APPEARANCES OF THE MEMBERS OF THE SUBCOMMITTEE, AND WILL CALL ON MEMBERS FOR FIVE MINUTES IN THE ORDER IN WHICH THEY APPEARED. |
| 00:05:30 | ALTERNATIVELY, BY SIDE. |
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