Tech 2004: Where the Candidates Stand

We uncover the candidates' views on Internet taxes, privacy, and other tech hot buttons.

Tom Spring

By now you've heard Republican President George W. Bush and Democratic nominee John F. Kerry stump on everything from the war on terrorism to Social Security. Their positions on tech differentiate them, too: Investigating their views, we found disagreement over the Patriot Act, privacy, and security. But they share opinions on such issues as Internet access taxes and Voice over IP regulation.

Other positions also stand out. For example, Kerry supports some degree of legal liability for hardware or software manufacturers if a customer suffers damages from a security breach due to a flaw in the product. And to improve the health care system's efficiency and cut costs, Bush wants to make most medical records electronic and portable by 2014 (with privacy safeguards).

PC World asked both candidates' campaigns about where they stood on today's top tech issues. We received responses from Senator Kerry in time for print, but did not receive answers from President Bush until after our November issue went to press. (For details, see the answers from the Kerry campaign and from the Bush campaign.) We also scoured their official Web sites and other sites for news, speeches, and position papers to help discern their views.

Privacy Divide

Privacy matters divide the candidates more than any other issue, especially as these concerns relate to powers granted to the government via the USA Patriot Act, which Congress passed shortly after the September 11, 2001, attacks. The wide-ranging act amended several laws, and it created new federal crimes and penalties for acts such as harboring terrorists, and performing certain types of money laundering. It also made it easier for federal law enforcement agents to engage in surveillance and to get access to personal information and communications. Some of the act's provisions will expire unless renewed by Congress by next September.

Bush calls the Patriot Act an "essential" tool in the fight against terrorism, saying it has already led to the filing of hundreds of criminal charges and has made the country safer. He strongly urges Congress to renew the act as it exists.

Kerry claims to be satisfied with 95 percent of the Patriot Act (which he voted for originally), but notes that it hasn't been a "cure-all for the intelligence failures exposed by 9/11." If elected, Kerry says, he will push for the passage of the proposed Security and Freedom Ensured Act, which would amend the Patriot Act by setting limits on law enforcement's access to library, medical, and other records containing personal data.

Bush has said little about the spyware problem. Kerry, in response to our question, said new anti-spyware laws may ultimately be needed, but he prefers a solution grounded in anti-spyware technology, user education, and greater enforcement of existing laws, among other methods. He also said a legal loophole that lets ISPs read and intercept stored e-mail "deserves attention."

Common Ground

Both candidates are enthusiastic about curbing identity theft, and support extending broadband deployment. Bush has promised to bring broadband to "every corner of our country" by 2007. To do this, he proposes opening federal lands for laying fiber optic cable, reducing regulatory hurdles providers face, and permanently banning taxes on Internet access. Kerry was a sponsor of the law that established a moratorium on Net access taxes, and has consistently supported its renewal.

Bush and Kerry approved of 1998's Child Online Protection Act, which mandated that Web sites check age before allowing access to adult content. (The Supreme Court voided some parts of the act.)

For all that we know about the candidates' tech views, there is even more we don't know. Neither one has clearly stated whether they trust electronic voting machines, for example, or how they would enact some of the policies they support. Complete answers may have to wait until 2005.

Head-to-Head on the Issues (chart)

Complete Answers to Survey Questions: John F. Kerry

Below are the questions PC World sent to the John F. Kerry presidential campaign, and the replies that campaign provided to us. (The George W. Bush campaign received the same questions but did not respond. The Bush campaign later answered a shorter list of questions.) We framed questions primarily as yes/no, and asked the candidates to elaborate if they chose.

Question 1: Does (a) e-mail and/or (b) data deserve the same, less, or more privacy protection (in transit or stored) than postal mail and other such documents? If the same or more, what will you do to make sure that it is protected?

Kerry: I have worked very hard to promote Internet privacy legislation. I believe we must empower consumers by giving them the tools they most need to protect their privacy and give them confidence in the Internet. I want to ensure that consumers' reasonable expectations of privacy on the Internet are satisfied, and I want to ensure that we do not hamper the growth of the Internet.

Question 2: Will you renew the Patriot Act as is? If not, which provisions would you change? (For example, does the Patriot Act make it too easy or not easy enough for law enforcement to get access to private information?)

Kerry: The Patriot Act has not been a cure-all for the intelligence failures exposed by 9/11, which is why I believe we should preserve over 95 percent of the Act and make improvements on the rest to strengthen the war on terrorism.

I believe that certain provisions should be modified to respect and protect individual personal liberties. If elected, I will push for passage of the bipartisan-sponsored Security and Freedom Ensured (SAFE) Act, which will amend the Patriot Act to set reasonable limits on access to library, medical, and other records containing the sensitive, personal details of the lives of law-abiding Americans, and on the conduct of so-called sneak-and-peek searches.

Question 3: Would you sign into law an anti-spyware bill with strict definitions and high penalties for violators, such as the Internet Spyware Prevention Act or the SPY ACT?

Kerry: Some companies have developed and are distributing software programs that raise serious issues related to privacy, transparency, and user control. Some of these programs even capture keystrokes or periodic screenshots of user's computers. Although new legislation may ultimately be warranted, I would prefer to see a solution to this problem emerge from a combination of stepped-up enforcement of existing laws, such as antifraud statutes, and private-sector efforts, including self-regulation, consumer education, anti-spyware technology, and the development of more secure operating systems and browsers.

Question 4: Would you support mandated sender ID codes to help curb spam?

Kerry: I am open to considering the best means available to ensure people do not receive unsolicited e-mail.

Question 5: Do you support an identity theft law that: (a) imposes harsher penalties and (b) provides additional resources to law enforcement to help fight it?

Kerry: I will do what I can to protect individual privacy and security, and to ensure that our law enforcement authorities have the resources to effectively enforce the law. I encourage Americans to continue their vigilance in maintaining the secrecy of any individual access passwords and to exercise caution when disclosing information online.

Question 6: Should the federal government impose stricter controls over data collection by private firms online and offline?

Kerry:The Wiretap Act is designed to provide protection against the real-time interception of voice, fax, and Internet communications. Under United States v. Councilman, employees of an Internet service provider developed a computer program that intercepted, copied, and stored thousands of e-mail messages that were being sent to their customers. They also routinely read these e-mails, seeking to gain a commercial advantage in a related business. The 4th Circuit Court of Appeals found that these actions did not violate the Wiretap Act because these messages were stored on the ISP's server. This ruling flags a loophole in the wiretap law that warrants attention.

Question 7: Should Web site owners be required to perform age checks (and how) if they host adult content of any type (from outright porn to less harmful material such as adult sex tips or health information)? If not, do you endorse voluntary end-user filtering instead?

Kerry: I strongly support measures that protect our children using the Internet from obtaining access to inappropriate material.

Question 8: Should consumers have explicit, legal fair-use rights to digital media (such as the right to back up copies of legally bought media, transfer it within the home to various devices that they own, or enjoy and store it in multiple devices that they own)?

Kerry: I do not condone the illegal sharing of copyrighted material. I am open to examining whether legislative action is necessary to ensure that a person who lawfully obtains or receives a transmission of a digital work may back up a copy of it for archival purposes or transfer it to a digital media device for the purpose of nonpublic performance or display.

Question 9: Do you support Senator [Orrin] Hatch's Induce Act? If yes, why? If not, how should we deal with technologies that have legitimate uses but may aid piracy?

Kerry: I do not condone the illegal sharing of copyrighted material. We must ensure that our laws protect the creations of individuals and companies while not unreasonably stifling technological innovation.

Question 10: Should the government apply a usage fee to peer-to-peer file sharing programs to help pay the entertainment industry for losses from digital piracy?

Kerry: I do not condone the illegal sharing of copyrighted material. Widespread sharing and downloading of music, movies, and software undermines the incentives of individuals and companies to create new content. We need to continue to enforce our copyright laws and combat piracy both here and abroad. Fortunately, we are beginning to see the emergence of new technologies and business models that allow consumers to conveniently and legally download digital media, and for creators of content to be paid.

Question 11: Do you support taxes on Internet access? Do you include high-speed broadband access in that category?

Kerry: I have consistently supported a moratorium on Internet access taxes.

Question 12: Do you support sales taxes on Internet purchases or other services acquired via the Internet?

Kerry: I was an original cosponsor of the Internet Tax Freedom Act. This legislation, which was passed in 1998, placed a moratorium on Internet access taxes and "multiple or discriminatory" taxes on electronic commerce. I support Senate legislation (the Internet Tax Non-Discrimination Act) that would extend this moratorium.

Question 13: Do you support government regulation on developing services like Voice over IP that matches the regulations on [such services'] more traditional or established competition?

Kerry: I am open to examining the best methods to deploy new technology in a way that is consumer-friendly and promotes a competitive marketplace.

Question 14: Should hardware or software manufacturers shoulder at least some level of legal liability for security breaches resulting in loss of data, money, and the like due to flaws or vulnerabilities in their products?

Kerry: A hardware or software manufacturer should face legal liability if the security breach is due to a flaw in their product that has caused the harm.

Question 15: Should electronic voting machines without paper trails be used by any state?

Kerry: We need a system where every vote is counted and where we can verify that every vote was in fact counted. That is what is absolutely critical.

Complete Answers to Survey Questions: George W. Bush

Below is the pared-down list of questions PC World sent to the George W. Bush presidential reelection campaign, and the answers that campaign provided to us. (The Bush campaign originally received the same 15 questions as the Kerry campaign, but did not respond.) We framed questions primarily as yes/no, and asked the candidates to elaborate if they chose.

Question 1: Does (a) e-mail and/or (b) data deserve the same, less, or more privacy protection (in transit or stored) than postal mail and other such documents? If the same or more, what will you do to make sure that it is protected?

Bush: I believe e-mail and electronic data deserve appropriate privacy protections. Among other efforts, my administration has worked to improve cybersecurity to help prevent electronic communications from being compromised.

Question 2: Would you sign into law an anti-spyware bill with strict definitions and high penalties for violators, such as the Internet Spyware Prevention Act or the SPY ACT?

Bush: My administration supports clear definitions of spyware. The FTC is currently enforcing existing law, and I would support continued efforts to strengthen enforcement with respect to spyware and consider any spyware legislation in that light.

Question 3: Should hardware or software manufacturers shoulder at least some level of legal liability for security breaches resulting in loss of data, money, and the like due to flaws or vulnerabilities in their products?

Bush:Manufacturers of defective hardware and software are subject to legal liability under existing law. I support continued enforcement of the law.

Question 4: Do you support Senator [Orrin] Hatch's Induce Act?

Bush:My administration has not endorsed the Induce Act; however, we strongly support efforts to protect intellectual property and will continue to work with Congress to ensure intellectual property is properly protected.

Question 5: Should electronic voting machines without paper trails be used by any state?

Bush: The administration of elections is primarily a state and local responsibility, and I support the right of states to set standards and guidelines for voting equipment. The fairness of all elections, however, is a national priority. State and local officials are being encouraged to conduct elections in a manner that instills confidence in all our citizens. To that end, states and localities are being supported by federal grants to help them purchase the best available voting technologies.