Politics and Law

In the last few days before November 4, taxes and the economy have become the most pressing topics of the 2008 presidential campaign.

Ralph Nader

But knowing where the candidates stand on high-tech topics like digital copyright, surveillance, and Internet regulation can be revealing, which is why we've put together this 2008 Technology Voters' Guide.

Included are answers to questions we asked presidential candidates. We received replies from Republican Sen. John McCain, Democratic Sen. Barack Obama, Libertarian candidate Bob Barr, and independent candidate Ralph Nader.

Read on for responses from independent candidate Ralph Nader, or check out the rest of CNET News' election coverage.

Q: Politicians have been talking for years about the need for high-speed Internet access. Should this be accomplished primarily through deregulation and market forces, or should the federal government give out grants or subsidies, or enact new laws?
Nader: A combination of grants and subsidies with new laws should be how we accomplish this. As the people of the United States have seen recently, deregulation rarely works to the advantage of the masses. It is vitally important that all communities have access to the potentially life-saving advantages of the Internet.

Congress has considered Net neutrality legislation, but it never became law. Do you still support the legislation that was re-introduced in 2007 (S 215), which gives the FCC the power to punish "discriminatory" conduct by broadband providers?
Nader: I believe that an open society should have unfettered access to the information on the Internet. The government should protect citizens from discriminatory access.

Telecommunications companies such as AT&T have been accused in court of opening their networks to the government in violation of federal privacy law. Do you support giving them retroactive immunity for any illicit cooperation with intelligence agencies or law enforcement, which was proposed by the Senate Intelligence Committee this fall (S 2248)?
Nader: The FISA Amendments Act of 2008 puts the president and the telecommunications companies above the law. It also conveniently assures a cover-up of Bush's past crimes in this area of wiretapping and surveillance.

President Bush and the Democrats who support him argue that the telecommunications companies were only doing what they were told by the president and were acting as "patriotic corporate citizens." This is pure hogwash.

First of all, corporations aren't citizens. Second, the president can't order anyone, citizens or corporations, to break the law. This legislation sets up a double standard of justice: break the law as a citizen, go to jail. Break the law as a corporation, go to Washington and get immunity.

The 1998 Digital Millennium Copyright Act's section restricting the "circumvention" of copy protection measures is supported by many copyright holders but has been criticized by some technologists as hindering innovation. Would you support changing the DMCA to permit Americans to make a single backup copy of a DVD, Blu-ray Disc DVD, HD DVD, or video game disc they have legally purchased?
Nader: Yes.

The Department of Homeland Security has proposed extensive Real ID requirements restricting which state ID cards can be accepted at federal buildings and airports. Do you support those regulations as written, would you want to repeal Real ID, or would you prefer something in between?
Nader: I would advocate to repeal Real ID laws.

The U.S. Department of Justice currently is reviewing the proposed advertising deal between Google and Yahoo, and the Federal Trade Commission approved the merger of Google and DoubleClick. Should the federal government take a more or less regulatory position on antitrust and high-tech firms?
Nader: The federal government is obligated to be vigilant and enforce antitrust laws.

Recently, there's been a lot of talk about sex offenders using social-networking sites. What, if any, new federal laws are needed in this area?
Nader: I advocate that the duty lies with parents and their obligation to oversee what their child is doing on the Internet.

The Bush administration has supported legally requiring Internet service providers, and perhaps search engines and social-networking Web sites as well, to keep logs on who their users are and what they do. Do you support federal legislation, such as HR 837, to mandate data retention?
Nader: No, it is a violation of our fundamental right to privacy.

Do you support enacting federal laws providing for any or all of the following: a) a permanent research-and-development tax credit, b) a permanent moratorium on Internet access taxes, and c) an increase in the current limits on H-1B visas?
Nader: a), on a permanent research & development tax credit, yes.

b), on a permanent moratorium on Internet Access taxes, yes.

c), on an increase in the current limits on H-1B visas, yes, because unrestricted H-1B visas creates a "brain drain" on developing countries that need the support of promising young people to help develop their country.

We have to know: what's your favorite gadget?
Nader: Typewriter!

In the last few days before November 4, taxes and the economy have become the most pressing topics of the 2008 presidential campaign.

Bob Barr

But knowing where the candidates stand on high-tech topics like digital copyright, surveillance, and Internet regulation can be revealing, which is why we've put together this 2008 Technology Voters' Guide.

Included are answers to questions we asked presidential candidates. We received replies from Republican Sen. John McCain, Democratic Sen. Barack Obama, Libertarian candidate Bob Barr, and independent candidate Ralph Nader.

Read on for responses from Libertarian candidate Bob Barr, or check out the rest of CNET News' election coverage.

Q: Politicians have been talking for years about the need for high-speed Internet access. Should this be accomplished primarily through deregulation and market forces, or should the federal government give out grants or subsidies, or enact new laws?
Barr: The development of high-speed Internet services should be left to the marketplace. Government subsidies and government-provided services almost always are both inefficient and politicized.

Moreover, the government rarely gives money without attaching strings. We all are better off with a less regulated and thus more flexible Internet, as well as an Internet more insulated from government control. As chairman of the House Judiciary Committee Subcommittee on Commercial and Administrative Law in 2001 and 2002, I led the effort to keep the Internet tax-free.

Congress has considered Net neutrality legislation, but it never became law. Do you still support the legislation that was re-introduced in 2007 (S 215), which gives the FCC the power to punish "discriminatory" conduct by broadband providers?
Barr: "Net neutrality" is a misnomer for government regulation and control. No one in or out of government knows how the Internet and Internet access will or should evolve. Private providers should be left with the freedom to experiment on forms of services offered and at what prices.

There is no evidence of any market failure, and we have extensive experience with the harmful effects of government controls, however well intended they may be. The most important role for government is to stay out of the way, allowing a vibrant competitive marketplace free of political manipulation to evolve.

Telecommunications companies such as AT&T have been accused in court of opening their networks to the government in violation of federal privacy law. Do you support giving them retroactive immunity for any illicit cooperation with intelligence agencies or law enforcement, which was proposed by the Senate Intelligence Committee this fall (S 2248)?
Barr: No, I would not have. The government spying program violated the law and the Constitution. Private companies that aid government officials in violating the law should be held accountable for their actions. We will remain a free society only if we enforce the law against everyone.

The 1998 Digital Millennium Copyright Act's section restricting the "circumvention" of copy protection measures is supported by many copyright holders but has been criticized by some technologists as hindering innovation. Would you support changing the DMCA to permit Americans to make a single backup copy of a DVD, Blu-ray Disc DVD, HD DVD, or video game disc they have legally purchased?
Barr: Yes. It is important to protect intellectual property from piracy, but not all copying is unfair or deprives owners of a reasonable return on their work. The exact rules and regulations governing copyright must be a matter of balance, and allowing the creation of a single backup copy offers a reasonable accommodation for purchasers.

The Department of Homeland Security has proposed extensive Real ID requirements restricting which state ID cards can be accepted at federal buildings and airports. Do you support those regulations as written, would you want to repeal Real ID, or would you prefer something in between?
Barr: I believe that the Real ID law should be repealed. We do not need a de facto national ID card, which would not make us safer. But the Real ID program threatens people's privacy and places an undue burden on the states. I have been proactively fighting against the Real ID Act since it was enacted in 2005, and I will continue to do so.

The U.S. Department of Justice currently is reviewing the proposed advertising deal between Google and Yahoo, and the Federal Trade Commission approved the merger of Google and DoubleClick. Should the federal government take a more or less regulatory position on antitrust and high-tech firms?
Barr: Government has a very poor record in regulating fast-moving and rapidly evolving industries, such as computers, software, and technology. In general, we will all benefit if government takes a hands-off stance.

Recently, there's been a lot of talk about sex offenders using social-networking sites. What, if any, new federal laws are needed in this area?
Barr: Legislation in this area should primarily originate with the states and be directed against sexual predators. I do not believe that broad federal prohibitions against minors accessing social-networking sites, represented by, for instance, the misnamed Deleting Online Predators Act, are justified, and would be effective in protecting children.

The Bush administration has supported legally requiring Internet service providers, and perhaps search engines and social-networking Web sites as well, to keep logs on who their users are and what they do. Do you support federal legislation, such as HR 837, to mandate data retention?
Barr: No. We must never forget that it is a free society that we are defending. In general, the broader the assault on people's privacy, the less valuable the law is as a tool of law enforcement. We must not treat the entire population as if it were guilty in an attempt to find a guilty few.

Do you support enacting federal laws providing for any or all of the following: a) a permanent research-and-development tax credit, b) a permanent moratorium on Internet access taxes, and c) an increase in the current limits on H-1B visas?
Barr: a), rather than making the R&D tax credit permanent, I am committed to broad-based tax reform to both reduce current rates and simplify the law. I favor consideration of either a flat-rate income tax or a consumption tax.

b), as president, I would encourage Congress to pass a permanent prohibition on Internet access taxes.

c), I believe that all Americans benefit when highly educated and skilled workers come to work in the United States. I would prepare legislation for Congress to increase the number of H-1B visas. Additionally, as chairman of the House Judiciary Committee Subcommittee on Commercial and Administrative Law in 2001 and 2002, I led the effort to keep the Internet tax-free.

We have to know: what's your favorite gadget?
Barr: My BlackBerry.

In the last few days before November 4, taxes and the economy have become the most pressing topics of the 2008 presidential campaign.

Barack Obama

But knowing where the candidates stand on high-tech topics like digital copyright, surveillance, and Internet regulation can be revealing, which is why we've put together this 2008 Technology Voters' Guide.

Included are answers to questions we asked presidential candidates. We received replies from Republican Sen. John McCain, Democratic Sen. Barack Obama, Libertarian candidate Bob Barr, and independent candidate Ralph Nader.

Read on for responses from Barack Obama, or check out the rest of CNET News' election coverage.

Editors' note: This survey was first published by CNET News in January.

Q: Politicians have been talking for years about the need for high-speed Internet access. Should this be accomplished primarily through deregulation and market forces, or should the federal government give out grants or subsidies, or enact new laws?
Obama: I believe that America should lead the world in broadband penetration and Internet access. As a country, we have ensured that every American has access to telephone service and electricity, regardless of economic status, and I will do likewise for broadband Internet access. Full broadband penetration can enrich democratic discourse, enhance competition, provide economic growth, and bring significant consumer benefits.

Moreover, improving our infrastructure will foster competitive markets for Internet access and services that ride on that infrastructure. Market forces will drive the deployment of broadband in many parts of the country, but not all. To get true broadband deployed in every community in America, we need to reform the Universal Service Fund, make better use of the nation's wireless spectrum, promote next-generation facilities, technologies, and applications, and provide new tax and loan incentives.

Congress has considered Net neutrality legislation, but it never became law. Do you still support the legislation that was re-introduced in 2007 (S 215), which gives the FCC the power to punish "discriminatory" conduct by broadband providers?
Obama: Yes. As I stated during my visit to Google on November 14, I will take a backseat to no one in my commitment to network neutrality. The Internet is the most open network in history. We have to keep it that way.

I will prevent network providers from discriminating in ways that limit the freedom of expression on the Internet. Because most Americans have a choice of only one or two broadband carriers, carriers are tempted to impose a toll charge on content and services, discriminating against Web sites that are unwilling to pay for equal treatment.

This could create a two-tier Internet in which Web sites with the best relationships with network providers can get the fastest access to consumers, while all competing Web sites remain in a slower lane.

Such a result would threaten innovation, the open tradition and architecture of the Internet, and competition among content and backbone providers. It would also threaten the equality of speech through which the Internet has begun to transform American political and cultural discourse.

Accordingly, network providers should not be allowed to charge fees to privilege the content or applications of some Web sites and Internet applications over others. This principle will ensure that the new competitors, especially small or nonprofit speakers, have the same opportunity as incumbents to innovate on the Internet and to reach large audiences.

I will protect the Internet's traditional openness to innovation and creativity, and ensure that it remains a platform for free speech and innovation that will benefit consumers and our democracy.

Telecommunications companies such as AT&T have been accused in court of opening their networks to the government in violation of federal privacy law. Do you support giving them retroactive immunity for any illicit cooperation with intelligence agencies or law enforcement, which was proposed by the Senate Intelligence Committee this fall (S 2248)?
Obama: No.

The 1998 Digital Millennium Copyright Act's section restricting the "circumvention" of copy protection measures is supported by many copyright holders but has been criticized by some technologists as hindering innovation. Would you support changing the DMCA to permit Americans to make a single backup copy of a DVD, Blu-ray Disc DVD, HD DVD, or video game disc they have legally purchased?
Obama: I would support, in concept, allowing Americans to make a single backup copy of a digital product they have purchased. And I think the market is moving in the direction of greater consumer freedom.

As policymakers, we are in a constant process of examining our laws to ensure that the protections we place on intellectual property are sufficient to encourage invention without hindering innovation that builds on previous work or unfairly limiting consumers from using the goods they purchase in a way that is fair to creators.

The Department of Homeland Security has proposed extensive Real ID requirements restricting which state ID cards can be accepted at federal buildings and airports. Do you support those regulations as written, would you want to repeal Real ID, or would you prefer something in between?
Obama: I do not support the Real ID program because it is an unfunded mandate, and not enough work has been done with the states to help them implement the program.

The Federal Trade Commission is reviewing the proposed merger of Google and DoubleClick. Some members of Congress have raised privacy concerns, while others have said the deal should proceed. What are your views? (Editors' note: We posed this question before the FTC gave the merger unconditional approval on December 20.)

Obama: The question of the protection of personally identifiable information is larger than any single merger. We need a privacy policy for the modern economy, including information collected on the Internet and offline, as well as across industries.

Congress has debated the right approach to privacy protection for years. I will work with leading legislators, privacy advocates, and business leaders to strengthen both voluntary and legally required privacy protections.

Recently, there's been a lot of talk about sex offenders using social-networking sites. What, if any, new federal laws are needed in this area?
Obama: What is needed is greater resources for law enforcement to fully enforce the law against sex offenders, greater education to empower kids and teens to recognize the threat and guard themselves against the threat, and parents who are engaged in their kids' lives.

Social-networking sites are just one way sex offenders seek out victims, and I would not support targeting them specifically, but I would be open to any legislation that would make it easier for law enforcement to bring sex offenders to justice.

The Bush administration has supported legally requiring Internet service providers, and perhaps search engines and social-networking Web sites as well, to keep logs on who their users are and what they do. Do you support federal legislation, such as HR 837, to mandate data retention?
Obama: No.

Do you support enacting federal laws providing for any or all of the following: a) a permanent research-and-development tax credit, b) a permanent moratorium on Internet access taxes, and c) an increase in the current limits on H-1B visas?
Obama: a) Yes.

b) Yes.

c) Highly skilled immigrants have contributed significantly to our domestic technology industry. But we have a skills shortage, not a worker shortage. There are plenty of Americans who could be filling tech jobs, given the proper training. I am committed to investing in communities and people who have not had an opportunity to work and participate in the Internet economy as anything other than consumers.

Most H-1B new arrivals, for example, have earned a bachelor's degree or its equivalent abroad (42.5 percent). They are not all Ph.D.s. We can and should produce more Americans with bachelor's degrees that lead to jobs in technology.

A report of the National Science Foundation reveals that blacks, Hispanics, and Native Americans as a whole comprise more that 25 percent of the population but earn, as a whole, 16 percent of the bachelor degrees, 11 percent of the master's degrees, and 5 percent of the doctorate degrees in science and engineering.

We can do better than that and go a long way toward meeting industry's need for skilled workers with Americans. Until we have achieved that, I will support a temporary increase in the H-1B visa program as a stopgap measure until we can reform our immigration system comprehensively.

I support comprehensive immigration reform that includes improvement in our visa programs, including our legal permanent-resident visa programs and temporary programs including the H-1B program, to attract some of the world's most talented people to America.

We have to know: what's your favorite gadget?
Obama: BlackBerry.

In the last few days before November 4, taxes and the economy have become the most pressing topics of the 2008 presidential campaign.

John McCain

But knowing where the candidates stand on high-tech topics like digital copyright, surveillance, and Internet regulation can be revealing, which is why we've put together this 2008 Technology Voters' Guide.

Included are answers to questions we asked presidential candidates. We received replies from Republican Sen. John McCain, Democratic Sen. Barack Obama, Libertarian candidate Bob Barr, and independent candidate Ralph Nader.

Read on for responses from John McCain, or check out the rest of CNET News' election coverage.

Editors' note: This survey was first published by CNET News in January.

Q: Politicians have been talking for years about the need for high-speed Internet access. Should this be accomplished primarily through deregulation and market forces, or should the federal government give out grants or subsidies, or enact new laws?
McCain: I believe that we must promote competition and reduce regulation in order to secure lower prices and higher-quality services for consumers and encourage the rapid deployment of new technologies.

I have been a leading advocate in the Senate for seeking market-based solutions to increasing broadband penetration. We should place the federal government in the role of stimulator, rather than regulator, of broadband services, remove state and local barriers to broadband deployment, and facilitate deployment of broadband services to rural and underserved communities.

Congress has considered Net neutrality legislation, but it never became law. Do you still support the legislation that was re-introduced in 2007 (S 215), which gives the FCC the power to punish "discriminatory" conduct by broadband providers?
McCain: In general, I believe that we need to move to a different model for enforcing competition on the Internet. Its focus should be on policing clearly anticompetitive behavior and consumer predation. In such a dynamic and innovative setting, it is not desirable for regulators to be required to anticipate market developments, intervene in the market, and try to micromanage American business and innovation.

Telecommunications companies such as AT&T have been accused in court of opening their networks to the government in violation of federal privacy law. Do you support giving them retroactive immunity for any illicit cooperation with intelligence agencies or law enforcement, which was proposed by the Senate Intelligence Committee this fall (S 2248)?
McCain: The struggle against Islamic fundamentalism is the transcendent foreign-policy challenge of our time. I am committed to winning this battle, enhancing the stature of the United States as beacon of global hope, and to preserving the personal, economic, and political freedoms that are the proud legacy of the great sacrifices of our fathers.

Every effort in this struggle and other efforts must be done according to American principles and the rule of law. When companies provide private records of Americans to the government without proper legal subpoena, warrants, or other legal orders, their heart may be in the right place, but their actions undermine our respect for the law.

I am also a strong supporter of protecting the privacy of Americans. The issues raised by S 2248, and the events and actions by all parties that the preceded it, reach to the core of our principles. They merit careful and deliberate consideration, fact-finding, and exploration of options. That process should be allowed to proceed before drawing conclusions that may prove to be premature.

If retroactive immunity passes, it should be done with explicit statements that this is not a blessing, there should be oversight hearings to understand what happened, and Congress should include provisions that ensure that Americans' private records will not be dealt with like that again.

The 1998 Digital Millennium Copyright Act's section restricting the "circumvention" of copy protection measures is supported by many copyright holders but has been criticized by some technologists as hindering innovation. Would you support changing the DMCA to permit Americans to make a single backup copy of a DVD, Blu-ray Disc DVD, HD DVD, or video game disc they have legally purchased?
McCain: The Internet and digital technology have provided widespread access to enormous quantities of information. This, in turn, made it necessary to update our copyright laws in 1998 to protect the rights of copyright holders to keep pace with the technological advances that characterize the Information Age.

As digitization of commerce, education, entertainment, and a host of other online applications proceeds, international copyright agreements have to be maintained and updated while protecting the rights of copyright owners.

I believe now, as I did then, that knowledge and ideas are central parts of what make the U.S. economy productive and competitive. It is vital that this intellectual property be protected and defended. However, we must ensure that such protections are never so onerous as to stifle the very innovation they strive to safeguard.

The Department of Homeland Security has proposed extensive Real ID requirements restricting which state ID cards can be accepted at federal buildings and airports. Do you support those regulations as written, would you want to repeal Real ID, or would you prefer something in between?
McCain: The 9/11 Commission recommended that the federal government set standards for the issuance of birth certificates and sources of identification, such as driver's licenses. Consistent with these recommendations, the Real ID act established federal guidelines to prevent fraud in the issuance and acquisition of identity documents. I support full implementation of Real ID but understand that states need to be given enough time and funding to implement the requirements.

The Federal Trade Commission is reviewing the proposed merger of Google and DoubleClick. Some members of Congress have raised privacy concerns, while others have said the deal should proceed. What are your views? (Editors' note: We posed this question before the FTC gave the merger unconditional approval on December 20.)

McCain: It is premature to draw conclusions on this specific transaction, prior to the conclusion of the FTC review. I am, however, a vocal advocate of antitrust laws and ensuring that antitrust agencies have the resources they need to protect the competitiveness of the American economy.

Although I support the oversight capacity of the U.S. Congress, I believe that oversight should not be confused with the micromanagement of individual regulatory decisions and processes. I have encouraged the FTC to investigate this and other important mergers carefully to ensure the interests of competitiveness.

Recently, there's been a lot of talk about sex offenders using social-networking sites. What, if any, new federal laws are needed in this area?
McCain: The Internet has a dark side--it can expose children to obscene, graphic, and violent content. Government must develop solutions that balance civil liberties against the compelling interest to protect the innocence of our children.

While the first line of defense will always involve responsible parents, when it comes to protecting children, government must not shrink from its responsibilities. One thing that must be absolutely clear is that child pornographers and those who would prey on children will find no quarter in the darker recesses of the Internet. Government must implement and aggressively enforce laws to hunt down and jail peddlers of child pornography and sexual predators who stalk children on the Net.

This is why I have long fought to keep the Internet safe for our children...(and) recently sponsored the Safe Act of 2007, designed to clarify and enhance the current system for electronic-service providers to report online child pornography, and make the failure to report child pornography a federal crime.

I have also aggressively sought to curtail the online activities of sex offenders by sponsoring legislation to ensure that such criminals register additional information such as e-mail addresses on sex offender registries.

The Bush administration has supported legally requiring Internet service providers, and perhaps search engines and social-networking Web sites as well, to keep logs on who their users are and what they do. Do you support federal legislation, such as HR 837, to mandate data retention?
McCain: I continue to study the legislation in particular and the issue in general. It is apparent that some well-informed analysts in the ISP, tech, and privacy communities are skeptical of the feasibility and value of this proposal.

At the same time, other interested parties, such as the National Center for Missing & Exploited Children, support the approach taken in the legislation. I understand both perspectives, believe that further study and alternative proposals are worth exploring, and look forward to finding the best path forward for all those involved.

Do you support enacting federal laws providing for any or all of the following: a) a permanent research-and-development tax credit, b) a permanent moratorium on Internet access taxes, and c) an increase in the current limits on H-1B visas?
McCain: We stand on the threshold of a new era: the innovation age. New information and communications technologies are the leading edge of technology innovations that will permeate every aspect of our society, and I am committed to federal policies that ensure America's competitive edge in technology and innovation. Maintaining our tech edge requires robust basic research and sustained development efforts.

I will support innovation by funding basic research, and reforming and making permanent the R&D tax credit. My leadership first kept the Internet tax-free, I recently sponsored legislation that extended that tax ban for seven years, and I seek to permanently ban taxing access to this source of innovation and growth.

I continue to be a strong supporter of H-1B expansion, but mere expansion is not enough. Reforms should eliminate the artificial limits and allow the Department of Labor to set a level of visas appropriate for market conditions.

We have to know: what's your favorite gadget?
McCain: My slim, stylish gold Razr phone and I are inseparable.