DOJ Wants ISPs to Log User Traffic UPDATED

Anonymous Coward writes "Kevin Poulson writes in an article in SecurityFocus that in an early draft of the White House's "National Strategy to Secure Cyberspace", the DOJ proposes that the US enact European style 'data retention' laws, which force ISPs to log and retain all of your email headers, as well as your Web browsing history." Nothing worse for the DOJ to be upstaged by Europe in oppressive lawmaking, they must feel like they're losing their edge. Update: 06/19 23:04 GMT by M : The SecurityFocus article has been updated with this note, saying that the U.S. denies having any plans for data-retention laws. Guess we'll have to wait until the plan is released to see.

Comments

They changed their mind!

[I Want GNU!]

I visited the site, and this is what it says here. I'm posting it in case the site gets slashdotted. [And I'm not a karma whore since I already have 50.]

U.S. Denies Data Retention Plans

The Justice Department refutes claims that Internet service providers could be forced to spy on their customers as part of the U.S. strategy for securing cyberspace.
By Kevin Poulsen, Jun 19 2002 12:24PM
An early draft of the White House's National Strategy to Secure Cyberspace envisions the same kind of mandatory customer data collection and retention by U.S. Internet service providers as was recently enacted in Europe, according to sources who have reviewed portions of the plan.

But a Justice Department source said Wednesday that data retention is mentioned in the strategy only as an industry concern -- ISPs and telecom companies oppose the costly idea -- and does not reflect any plan by the department or the White House to push for a U.S. law.

In recent weeks, the administration has begun doling out bits and pieces of a draft of the National Strategy to technology industry members and advocacy groups. On Tuesday, sources who had reviewed segments of the plan said a federal data retention law is suggested in a section written in part by the Justice Department.

The comprehensive strategy is being assembled by the President's Critical Infrastructure Protection Board, headed by cyber security czar Richard Clarke, and is intended as a collaborative road map for further action by government agencies, private industry, and Congress.

While not binding, proposals that find their way into the final version of the National Strategy would likely have added weight in Congress, and could lead to legislation.

A controversial directive passed by the European Parliament last month allows the 15 European Union member countries to force ISPs to collect and keep detailed logs of each customer's traffic, so that law enforcement agencies could access it later.

Data to be gathered under the European plan includes the headers (from, to, cc and subject lines) of every e-mail each customer sends or receives, and every user's complete Web browsing history. The period of time that the data will have to be retained is up to each member country; specific legislative proposals range from 12 months to seven years, according to Cedric Laurant, policy fellow at the Electronic Privacy Information Center (EPIC), which opposed the directive.

"Somebody could see their past for the last seven years be completely open," says Laurant, speaking of the European directive. "It violates freedom of speech," as well as the legal principal that a defendant is presumed innocent until proven guilty.

The White House did not return phone calls on the National Strategy, which is scheduled for release in September.

Love/Hate the idea

[gerardrj]

Outright I hate the idea, this is just pre-emptive search/seizure. The gov would only propose this because it's in the digital domain where it's A: feasable, B: deemed by J. Pulic to be a non-issue. The could NEVER get such a thing in to action with physical mailings.

But then I thought.... If every ISP had to monitor port 25, isolate all to and from IPs and email addresses (forged or not), and fill up all those hard drives, tapes and whatnot...
Can you image how fast SPAM would drop off as the ISPs attempted to control the now real costs of hosting spammers?