FOR IMMEDIATE RELEASE

AG

THURSDAY, MARCH 9, 2000

(202)
616-2777

WWW.USDOJ.GOV

TDD (202) 514-1888

ATTORNEY GENERAL ISSUES REPORT ON

UNLAWFUL CONDUCT ON THE INTERNET


WASHINGTON, DC - Attorney General Janet Reno today issued a report that presents an analysis of legal and policy issues created by unlawful conduct on the Internet. The report, entitled, The Electronic Frontier: The Challenge of Unlawful Conduct Involving The Use of the Internet, is a product of the President's Working Group on Unlawful Conduct on the Internet. The report finds that the Internet presents new and significant investigatory challenges for law enforcement at all levels.

"The Internet has afforded our society unparalleled opportunities, many of which we are just discovering, but it is also providing new opportunities for criminals to engage in crime," said Attorney General Janet Reno. "Through the continued efforts of law enforcement and private industry we will ensure that the Internet reaches its full potential for expanding communications, facilitating commerce, and bringing countless other benefits to our society."

The report recommends a three-part approach to address unlawful conduct on the Internet and concludes that:

  • Regulation of unlawful conduct involving the use of the Internet should be analyzed through a framework that ensures that online conduct is treated in a manner consistent with the way offline conduct is treated, in a technology-neutral manner, and in a manner that recognizes and protects privacy and civil liberties.

  • Cybercrime presents unique and significant challenges to law enforcement which requires resources for training, new investigative tools, legal authorities and capabilities.
  • Continued support of private sector leadership is needed to promote and teach "cyberethics" to empower Internet users to prevent and minimize the risks of unlawful activity.

The Working Group analyzed existing federal law for its applicability in cybercrime cases. It determined that current law is appropriate in most cases of fraud, child pornography, sale of prescription drugs and controlled substances, firearms, gambling, alcohol, securities fraud and intellectual property over the Internet. It also indicated a need for modification of certain procedural and evidentiary laws in order for law enforcement to confront the challenges created by the Internet.

According to the report, the challenge facing law enforcement is the difficulty in finding criminals in the Internet's multi-jurisdictional, global environment. The inability to track down sophisticated criminals who hide their identities online, the need for better coordination among law enforcement agencies, and the need for trained and well-equipped personnel at all levels of law enforcement is critical to fighting cybercrime.

The report also states that when addressing these challenges, the government should carefully consider all societal interests. A balance must be struck when investigating and prosecuting criminals which takes into account free speech, protecting children, reasonable expectations of privacy, broad access to public information, and legitimate commerce.

The interagency Working Group was established in August 1999 by a Presidential Executive Order, under the leadership of the Attorney General, to address the issue of unlawful conduct involving the use of the Internet. The working group was directed to perform their evaluation within the context of current Administration policy which included promoting self-regulation in the industry, supporting technology-neutral laws and recognizing that the Internet is an important resource for commerce, communication and education.

The Working Group benefitted from the views of a variety of sources. Those providing input included various entities of the federal government, state and local groups, industry groups, and non-profit advocacy and civil liberties groups.

The Working Group's Report is available on-line at: http://www.usdoj.gov/criminal/cybercrime.



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