Take Action To Dodge A Political Bullet

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Part of my awakening came with a California Assembly Bill. The proposed bill mandates that all IT professionals become part of a growing government snoop force. The bill requires that anyone who is responsible for managing computer resources report any suspected child pornography or other abuse. Don't even try and ask, "Who could be against that?" I have spent a significant part of my life fighting for the rights of our children and specifically against child pornography and abuse. So, why do I bring it up? Because experience has taught me that a quickly crafted, reactionary solution is no solution at all—it just creates new problems.

If it were not for groups like the American Electronics Association (AeA) and others, the bill would probably pass as originally drafted—with no limitation on liability for the reporter, broad definitions of who an IT professional is and myriad other issues that were resolved through negotiation and compromise.

In this case, how is a tech person supposed to know who is under 16, the trigger defined in this bill? Could you be sure? What if you're wrong? What about non-disclosure agreements, etc.? Most bills are well-intentioned, but we must ensure that those affecting our livelihoods understand the true impact of their actions.

Another real example is a 2005 Spyware Bill. If the bill is passed as it was originally drafted, many of the techniques and tools used to provide MSP services would become illegal. It took action by proactive business owners and others in the industry to make the necessary changes and avert a potential nightmare of litigation and counter-legislation.

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Part of the issue is that regulators and legislators are acting on issues that they understand on the surface but rarely have in-depth knowledge of. This, combined with the fact that technology is changing faster than most people can keep up with, means that we will continue to see laws that are well-intentioned in conception but potentially misguided in execution.

Yes, my examples are from California. However, similar laws are passing all over the country. In many cases, these laws become a virtual pile-on activity. One state moves and others simply follow its lead. The time is now for all of us to get involved.

We must take the time to educate legislators and regulators. We must be aware of pending regulation and legislation and be willing to take the time it requires to be sure that they are sensible. We cannot allow political expedience and lack of willingness to get involved to decide our fate. Find your local PAC or industry group and get in on the action. In California, Alvaka Networks has been able to avert pending disaster and influence positive changes to well-intentioned laws. Don't count on others to mind the store while you are asleep.

KEVIN MCDONALD is vice president of Alvaka Networks, Huntington Beach, Calif., which has transitioned into the MSP world from its network VAR roots. He also is a published fiction writer and can be reached at [email protected].

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