DOJ Official Says Enforcement Needs Sometimes Outweigh Privacy Rights

Sometimes, law enforcement needs outweigh the right to online privacy, said DOJ Criminal Division Deputy Chief-Computer Crime Michael Stawasz Wednesday, citing child sex-trafficking and copyright infringement. There has been a constructive discussion about privacy, but platforms don’t get a pass to aid and abet, Stawasz said during an International Institute of Communications panel. Providers should take privacy seriously but need to allow a space where effective investigations root out illegal behavior, he said, arguing law enforcement isn't asking for “back doors” but responsible conduct. Asked if anything of value was gained from DOJ’s recent tech-related meeting with state attorneys general (see 1809250033), Stawasz said he wasn’t invited, but the gathering was recognition of shared responsibilities by different levels of government. The U.S. system means state and local government handle most criminal law, but “I do see that changing to some degree because of the internet,” he said. FTC Commissioner Noah Phillips said in a keynote markets work properly when consumers have the information they need. It’s not clear how companies can share mass data with competitors and adequately protect privacy, said Software & Information Industry Association Senior Vice President-Public Policy Mark MacCarthy. One-size-fits-all regulation for content moderation will drive smaller companies out, said Engine Executive Director Evan Engstrom. The U.S. needs to create a healthy internet ecosystem without a regulatory regime only large platforms can comply with, he said. The expectation is for companies to be “socially responsible” now, said Oath Global Head-Business and Human Rights Nicole Karlebach.