informationliberation
The news you're not supposed to know...




An Introduction to Austrian Economics: Understand Economics, Understand Everything
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Feb 21 2009, 11:26 AM Category: Big Brother/Orwellian Source: CNET News Print

Bill proposes ISPs, Wi-Fi keep logs for police

by Declan McCullagh

Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations.

The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates.

"While the Internet has generated many positive changes in the way we communicate and do business, its limitless nature offers anonymity that has opened the door to criminals looking to harm innocent children," U.S. Sen. John Cornyn, a Texas Republican, said at a press conference on Thursday. "Keeping our children safe requires cooperation on the local, state, federal, and family level."

Joining Cornyn was Texas Rep. Lamar Smith, the senior Republican on the House Judiciary Committee, and Texas Attorney General Greg Abbott, who said such a measure would let "law enforcement stay ahead of the criminals."

Two bills have been introduced so far--S.436 in the Senate and H.R.1076 in the House. Each of the companion bills is titled "Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act," or Internet Safety Act.

Each contains the same language: "A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user."

Translated, the Internet Safety Act applies not just to AT&T, Comcast, Verizon, and so on--but also to the tens of millions of homes with Wi-Fi access points or wired routers that use the standard method of dynamically assigning temporary addresses. (That method is called Dynamic Host Configuration Protocol, or DHCP.)

"Everyone has to keep such information," says Albert Gidari, a partner at the Perkins Coie law firm in Seattle who specializes in this area of electronic privacy law.

The legal definition of electronic communication service is "any service which provides to users thereof the ability to send or receive wire or electronic communications." The U.S. Justice Department's position is that any service "that provides others with means of communicating electronically" qualifies.

That sweeps in not just public Wi-Fi access points, but password-protected ones too, and applies to individuals, small businesses, large corporations, libraries, schools, universities, and even government agencies. Voice over IP services may be covered too.

Under the Internet Safety Act, all of those would have to keep logs for at least two years. It "covers every employer that uses DHCP for its network," Gidari said. "It covers Aircell on airplanes--those little pico cells will have to store a lot of data for those in-the-air Internet users."

In the Bush administration, Attorney General Alberto Gonzales had called for a very similar proposal, saying that subscriber information and network data should be logged for two years.

Until Gonzales' remarks in 2006, the Bush administration had generally opposed laws requiring data retention, saying it had "serious reservations" about them. But after the European Parliament approved such a requirement for Internet, telephone and VoIP providers, top administration officials began talking about the practice more favorably.

After Gonzales left the Justice Department, the political will for data retention legislation seemed to ebb for a time, but then FBI Director Robert Mueller resumed lobbying efforts last spring.

This tends to be a bipartisan sentiment: Attorney General Eric Holder, a Democrat, said in 1999 that "certain data must be retained by ISPs for reasonable periods of time so that it can be accessible to law enforcement." Rep. John Conyers, the Democratic chairman of the House Judiciary Committee, said that FBI proposals for data retention legislation "would be most welcome."

Smith, who sponsored the House version of the Internet Safety Act, had previously introduced a one-year requirement as part of a law-and-order agenda in 2007.

A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."

Because Internet addresses remain a relatively scarce commodity, ISPs tend to allocate them to customers from a pool based on whether a computer is in use at the time. (Two standard techniques used are the Dynamic Host Configuration Protocol and Point-to-Point Protocol over Ethernet.)

In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.

The Internet Safety Act is broader than just data retention. Other portions add criminal penalties to other child pornography-related offenses, increase penalties for sexual exploitation of minors, and give the FBI an extra $30 million for the "Innocent Images National Initiative."
__________
Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.





Latest Big Brother/Orwellian
- Student Suspended For Saying 'Bless You' After Classmate Sneezed
- The Worst Trolls On The Internet Are The Government Trolls
- Feds Ignore First Amendment, Supreme Court Precedent In Seizing Domain Of Social Network For Sex Workers
- US Supreme Court Rules Cops Need Warrants to Search Cell Phones
- State Legislators Discussing Laws That Will Put Law Enforcement Surveillance Cameras Inside Private Businesses
- Obama Admin Seeks Authority To Ruin All GPS Navigation Systems
- Judge Says NSA Can Continue To Destroy Evidence
- The Top 5 Claims That Defenders of the NSA Have to Stop Making to Remain Credible









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Man Picks Up Toy Gun At Walmart, Cops Shoot Him - 08/07Citizen Pursues a Cop For Speeding. When the Cop Sees The Camera, Magic Happens - 08/07Taxfeeding Cop Threatens Shooting Spree Over Other People Receiving Welfare - 08/07By the Numbers: How Dangerous Is It to Be a Cop? - 08/21FL Cops Shoot At Man Carrying Unloaded Gun, Kill Innocent College Student With Stray Bullet - 08/22Taxpayers Forced to Pay $5M in Damages After LAPD Executed Unarmed Man on Live TV - 08/22Alabama Police Officer Assaults Man For Recording at Anti-Police Brutality Rally - 08/22New Bill In Congress Would Ban Private Citizens From Owning Body Armor - 08/22

Rialto, CA Police Made to Wear Cameras, Use of Force Drops by Over Two-ThirdsCop Who Karate Chopped NY Judge In Throat Gets Off Scot-FreeFlorida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'Insult Person On Twitter, Go To JailSWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma InsteadCop Karate Chops NY Judge In The Throat
(more)

 
Top