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Support for U.S. Mandatory Data Retention Laws

chill wrote to mention a C|Net article about an upswell in support for a mandatory data retention policy here in the U.S. From the article: "Top Bush administration officials have endorsed the concept, and some members of the U.S. Congress have said federal legislation is needed to aid law enforcement investigations into child pornography. A bill is already pending in the Colorado State Senate. Mandatory data retention requirements worry privacy advocates because they permit police to obtain records of e-mail chatter, Web browsing or chat-room activity that normally would have been discarded after a few months."

264 comments

  1. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  2. Yeah, this will never be abused... by Megaweapon · · Score: 5, Insightful

    Politician: "Hey, we gained access to mail server logs for suspect A, let's see what else other people are up to... Hey lookie here, my political rival's internet activities..."

    --
    I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
    1. Re:Yeah, this will never be abused... by tylernt · · Score: 4, Insightful

      That's what PGP is for. The problem is, using encryption makes it looks like you have something to hide, even if you don't.

      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    2. Re:Yeah, this will never be abused... by Anonymous Coward · · Score: 0

      yea, i see the governement using this they way the say they will.....

      *cough*bull$hit*cough*

      seriously, there gonna use this for other things as well.

    3. Re:Yeah, this will never be abused... by Anonymous Coward · · Score: 0

      No, that's what S/MIME is for. Don't push that proprietary crap on people. S/MIME in built-in and works on most e-mail platforms out-of-the-box. It's simple to use. PGP is a joke non-standard proprietary format that requires installing software.

    4. Re:Yeah, this will never be abused... by iminplaya · · Score: 1

      Encryption is useless if they make you give them the key or lock you up until you do. It just keeps the mailman(IT guy) from reading your mail. The government gets what the government wants, unless you and about 2 million others start hittin' the streets. We should learn something from and be inspired by the protests of recent weeks. Some people are finally waking up.

      --
      What?
    5. Re:Yeah, this will never be abused... by jp10558 · · Score: 1

      What always interests me is the ones that do "hidden" containers inside a container. You have a presumably "safe" outer partition, and a "normal" inner one. Supposedly, there's no discernable difference between a container with a hidden partition and one without. There are 2 passwords, one gets the clean partition, the other the real partition.

      If all of the above is true, how would the government know if they was a second password or not? I'm guessing they could just torture everyone who had any encrypted containers and figure about half will never give a password up because there isn't one to give up, and the others will eventually give the password up.

      I just wonder how far our govt could go till some people start going V style on them? Or has it already happened, with less celluoid results?

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    6. Re:Yeah, this will never be abused... by Anonymous Coward · · Score: 0

      I'm sorry, but why would you be *wanting* to use *any* kind of encryption (or just not speak clearly enough for us to understand) if you do not have anything to hide ?

    7. Re:Yeah, this will never be abused... by Scarletdown · · Score: 1
      I'm sorry, but why would you be *wanting* to use *any* kind of encryption (or just not speak clearly enough for us to understand) if you do not have anything to hide ?


      My private information is no one's fuckin' business but my own. Without my explicit permission, no one has any right to access my financial records, medical records, master password list (for various sites and the various computers on my home network), bits and pieces of stories I'm working on that are not ready for public viewing, etc.

      And to keep that private information private, I will encrypt it. Did you seriously think that only people engaging in criminal or otherwise questionable activity have any need for privacy and data security?

      --
      This space unintentionally left blank.
  3. Comment removed by account_deleted · · Score: 2, Informative

    Comment removed based on user account deletion

  4. Quick easy solution by totalbasscase · · Score: 5, Interesting

    They want to prosecute child porn offenders? Fine. Put it in the text of the law. Retain the data, but make it unusable in court except for child porn cases.

    Then tell all the privacy watchdogs to go back and chew their bones.

    --
    Fragging my father since 2004
    1. Re:Quick easy solution by Tackhead · · Score: 5, Informative
      > They want to prosecute child porn offenders? Fine. Put it in the text of the law. Retain the data, but make it unusable in court except for child porn cases.

      Nice in theory. Government doesn't work that way in practice.

      Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.

      - http://yro.slashdot.org/comments.pl?sid=169254&cid =14107454

    2. Re:Quick easy solution by MonsterMasher · · Score: 1


      Absolutely correct - That is my feeling on all these new powers given in these laws. State clearly that anything else found (except capital murder maybe) can not ever be used in court.

      That means no "boom making material" (bathroom cleaners + duck tape), drugs, etc.

      My 2 cents.

    3. Re:Quick easy solution by symbolic · · Score: 1

      This is exactly what happened with the legislation that Microsoft wrote for the state of Oklahoma. An interview in a detailed article revealed that those exercising spin control are making these same kind of comments..."Oh, it wasn't intended to be interpreted that way..." etc. When I hear comments like that, it tells me that though the legislation may not be interpreted a certain way, it most likely will. Once it becomes law, all bets are off.

    4. Re:Quick easy solution by swillden · · Score: 1

      Nice in theory. Government doesn't work that way in practice.

      Your quote is a near non-seuiteur. The GP was proposing that the law specifically limit what the information can be used for. You're talking about situations where the law's text allows wider usage, but the law's proponents claim they're actually not going to exercise those other uses.

      In general, when such questionable laws are proposed, if you can't kill the bill entirely, getting such a limitation built into the language would be a really good thing. That way, in order to misuse the law -- in court, at least -- it would be necessary to pass another bill removing the limitations. If the proponents refuse to consider adding the limitations, well, that just makes their true intent clear.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:Quick easy solution by scwizard · · Score: 1

      *shudder*
      I can already tell that your going to be right.

      --
      ~= scwizard =~
  5. Re:In other news... by JordanL · · Score: 2

    My first thought on seeing this article was... "is this a joke"?

    I'm not sure... data should be retained to a certain extent, however, that data should not be arbitrarily available to governments and companies. And at the moment, i don't trust that it wouldn't be.

  6. It's always the children, isn't it? by smooth+wombat · · Score: 4, Insightful
    federal legislation is needed to aid law enforcement investigations into child pornography.

    Yeah, it's only about catching the child pornographers. It won't be used for wholesale fishing expeditions to see if anyone might be doing something else illegal or who might be saying things that don't sit well.

    Just like the government won't use the list of passengers who fly to trawl for people who might be doing something suspicious like buying a one-way ticket.

    No, it's always about the children.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:It's always the children, isn't it? by Firethorn · · Score: 2, Insightful

      Agreed. It's always 'For the children'.

      I'm sorry, but anybody who'd tried that on me when I was a kid would have ended up buried in the woods somewhere.

      --
      I don't read AC A human right
    2. Re:It's always the children, isn't it? by sconeu · · Score: 4, Interesting

      Someone else said it on /. long ago, but it bears repeating:

      Child Porn is the root password to the US Constitution.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:It's always the children, isn't it? by EllisDees · · Score: 3, Interesting

      Just like the government would never ask at&t for the ability to monitor all internet traffic in realtime...

      --
      -- Give me ambiguity or give me something else!
    4. Re:It's always the children, isn't it? by Anonymous Coward · · Score: 0

      ""No, it's always about the children.""

      Whenever children are mentioned, the public heart melts, so advertisers and government like to sell their acts that way.

      But the government is forced to use children because policy makers come up with fancy ideas like
      'oh, if we tap all citizen communication, we will catch the terrorists and childpornlovingsnobs'
      While this looks good on bureaucratic paper, it doesn't cut in the real world, its turns to be more like
      'shit, we wiretapped all citizens and now we have all this data that makes no sense'

      Terrorists are a tiny minority, like one fish in the Atlantic and to invade the privacy of an entire nation with wiretapping and 100 yr data retention makes no sense.

      They can wiretap ,data retain and insult FREEDOM all they want but the more they got on their hands, the more likely crap will ooze between the federal fingers.

      Thats the bottom line.

    5. Re:It's always the children, isn't it? by Jherek+Carnelian · · Score: 3, Insightful

      Child Porn is the root password to the US Constitution.

      And "war on drugs" will at least give you wheel access.

    6. Re:It's always the children, isn't it? by drinkypoo · · Score: 1

      It's easy to say that but people of all ages have been known to be abused for years and never say anything. Some people are just devilishly clever at finding the right leverage to keep someone's mouth shut, and keep them feeling like they deserve it. Unless you've actually been in that situation, you really can't possibly know how it would affect you. And if you have, then the statement really ought to be "Anyone who tried that on me when I was a kid ended up in the woods somewhere." Otherwise you're just talking about something you don't know about.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:It's always the children, isn't it? by rust_in_peace · · Score: 1

      Somehow, the hash of both seems to be waronterror.

      --
      I'm not saying we should kill all the stupid people in the world, but couldn't we just take all warning labels off...
    8. Re:It's always the children, isn't it? by Firethorn · · Score: 1

      And if you have, then the statement really ought to be "Anyone who tried that on me when I was a kid ended up in the woods somewhere." Otherwise you're just talking about something you don't know about.

      Oh sure, I should admit to being an accessory to murder... Fortunately, the closest I came to it was a possible kidnap attempt. Classical people in a cargo van offering treats and a ride. I ran, a little girl about my age at the time ended up going missing around a van of the same description... Of course, I didn't find out about the complete details until I was an adult.

      It's easy to say that but people of all ages have been known to be abused for years and never say anything.

      The point that I was making is that my parents had such a relationship with me that I something like that happened and I talked, they would have listened and taken action. I've heard of a number of those stories, and the kids usually talk, but are disregarded, disbelieved, and sometimes repremanded for lying. Talking having failed, they then shut up.

      We've already smacked the non-discriminate predators hard enough that, statistically speaking, the parents are the more extreme threat to their own kids. If you're under 12, you're most likely to be murdered/abused by your own parents.

      --
      I don't read AC A human right
  7. Re:Wow, this really sucks. by totalbasscase · · Score: 1

    Why should we be trying to catch them? If someone wants to beat off in their basement, let them look at whatever they want. It's their own problem and their own issue to deal with.

    Now, when the lyrics.com popups on my sister's IE windows have explicit 12 year olds, then we'll have a problem.

    --
    Fragging my father since 2004
  8. The Children! by VickiM · · Score: 1

    For people who always claim to be doing things "for the children," they sure seem quick to use those kids as shields.

  9. Re:In other news... by Mortirer · · Score: 3, Funny

    In conservative America, you don't delete email, email deletes you!

    --
    Curiosity killed the cat, but cats have 9 lives.
  10. Downward spiral by gasmonso · · Score: 4, Interesting

    How long till the US goverment mandates that all data, whether from phonelines, email, searches, etc, has to be maintained on government servers for safe storage. I'm being totally serious. First they use child porn and incidents on myspace to scare people... then once they get their foot in the door, its just a matter of time. It truly is scary. Wheneve I talk of stuff like this I am deemed a conspiracy nut or something similiar.

    http://religiousfreaks.com/
    1. Re:Downward spiral by ScrewMaster · · Score: 2, Interesting

      Well, you probably are a conspiracy nut, which means that you fit right in with the Slashdot crowd. Unforunately, that does not in any way mean that you're wrong.

      I find it highly unlikely that they will mandate transmission of such data to government servers: the bandwidth requirements alone would be staggering. They'll just do what East Germany^H^H^H^H^H^H^H^H^H^H the European Union is doing: require ISPs to log everything and keep it forever and forget about that whole "judicial oversight" thing. What this does mean, depending upon what information your ISP happens to log, that you may someday find yourself arrested or be the subject of a lawsuit for something you might or might not have done years earlier. I'm sure the RIAA is going to just love this. I can see it now: "don't download anything illegal because we can come after you forever."

      One of these days we're all going to wake up in a cramped, dark space moving at tremendous speed, getting warmer by the minute. We'll peer outside, and ask ourselves, "where are we going? And why are we in this handbasket?"

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Downward spiral by Watson+Ladd · · Score: 1

      Army: 1 million people Poplulation 250 million people If 1 in ten people get pissed off enough to start a revolution, the army is ountnnumbered 20 to 1.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    3. Re:Downward spiral by utlemming · · Score: 1

      This will work until some island nation that could care less, has a company open a VPN server using some serious encryption (like AES-256 or 512). Since the island nation would not have the laws people who want to use the internet in devious ways, privacy nuts and those who want annonimity would connect and pay some money for it. These servers wouldn't even use logs. Under some models, like IPSec/L2TP, you could encrypt the traffic once for IPSec and then again for L2TP. Additioanlly, OpenSWAN, FreeSWAN and the like have options that circulate keys to make sure that even when a government has the preshared key or certificate, the data is still secret.

      --
      The views expressed are mine own and do not express the views of my employer.
    4. Re:Downward spiral by scaryjohn · · Score: 1

      It's not manpower and muskets. It's the tanks, fighter jets, the training, and what happenes when your one-in-ten rebellion gets between Starbucks, Wal*Mart and the other nine out of ten.

      Drink Sprite. Play again.

      --
      One might ask the same about birds. What ARE birds? We just don't know.
    5. Re:Downward spiral by hab136 · · Score: 1

      It's easy enough to then ban communication with that island. Witness the ongoing trade embargo with Cuba.

  11. Spot the trend here? by Anonymous Coward · · Score: 0

    After that nice scandal over them illegally wiretaping us, and the discovery that the NSA is snooping all Internet traffic routed through the USA (it would be foolish to assume that *only* AT&T agreed to let them tap in), we're just supposed to say "oh, it's okay because they only want those bastard perverts--I'm sure they'll never abuse this" !?

    Ooogh.

    QUIT SPYING ON US, DAMMIT!

  12. Make this as broad as possible by denissmith · · Score: 2, Insightful

    We should insure that we make this data gathering absolutely as broad as possible, so that there will be so much data that none of us can function. This will make it obvious that total control over the flow of information and total access to petabytes of emails and phone taps of my pizza order - to a pizzaria run by an Arab with a second cousin on an Al-Quaida cell phone call history - DON"T aid law enforcement. At all. Then maybe when we come to our senses we can take back control of our government from the paranoids on both sides of the political spectrum and do something sensible.

    --
    I have nothing to hide. So, why are you spying on me?
    1. Re:Make this as broad as possible by JeanBaptiste · · Score: 2, Interesting

      well first of all, with the incredible advances in computing and storage over the last few decades.... if you can send it, they can store it. the NSA alone measures computing and storage power in acres. with what the government has at their disposal, you sending pizza requests to a pizzaria is nothing, zip, zilch, nada.

      secondly, lets just pretend your idea would work. you may disagree with the law, but is this the way to go about it? try fixing it from the inside, rather than directly opposing it. I don't think making law enforcement's job harder and making Al-Qaeda's job easier is going to result in much benefit for society at large. if anything, they would just say the idea did not work as expected and therefore we need EVEN MORE DRACONIAN laws that take away more rights in order to accomplish the objective.

      thats what would happen if you're idea was a good one, which it isn't. by taking these actions you aren't creating the change you are looking for, but are instead making the potential problem worse.

    2. Re:Make this as broad as possible by ScrewMaster · · Score: 1

      The problem isn't just the government, per se. Once this kind of activity becomes entrenched it will never go away, and once that information is there, people will want access to it for any purpose they can think of. Insurance companies looking to exclude people from coverage, lawyers looking for something they can use against you in court, DEA types looking for opportunities to confiscate property, the list is absolutely endless. Sure, a few bad apples may or may not be nailed ... but the rest of us will never know when we do something online that is perfectly innocent gets us put away. Given the dismal track record of wiretapping at convicting criminals I have no reason to expect that unlimited data retention will be of any more real use to law enforcument ... but it will sure as Hell cause other problems.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Make this as broad as possible by Anonymous Coward · · Score: 1, Funny

      Hmph. Ought to enable Larry to buy a few more yachts...

    4. Re:Make this as broad as possible by Anonymous Coward · · Score: 0

      Does any politician stop to think that most of the time intelligence failures are becasue we fail to recognize what is important of the data we have, no becasue we don't have enough data.

    5. Re:Make this as broad as possible by aralin · · Score: 1

      This obviously does not work. Every mathematician will tell you that more data is better than less data. Especially with the near infinite computing power we have right now. This tactics might have worked when human labor was required to go through the data, but it is not the case anymore. Right now the only course we have is to give them less data, not more.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    6. Re:Make this as broad as possible by Lord+Kano · · Score: 1

      I don't think making law enforcement's job harder and making Al-Qaeda's job easier is going to result in much benefit for society at large.

      Are you talking about law enforcement's job in theory or in practice? In theory it's to enforce the law, but in practice it's to enforce order. The police exist primarily to keep certain people "in their place" in the 1960's we saw the FBI get unprecedented powers to go after "radicals" and even then they STILL broke the law to bring down people that they labeled as subversives.

      The job of law enforcement SHOULD be hard. Because if they have to go through headaches and jump through hoops that will leave them with less time to pull people over and make stops just for the hell of it.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    7. Re:Make this as broad as possible by TCM · · Score: 1

      This is a very dangerous thing to suggest. Do you really think this is done to catch criminals?

      What will happen is not

          Wow, we have so much data. I don't even know where to begin looking for a criminal.

      but instead

          Now that we have so much data, let's see if we can find something that can get my political/corporate/private opponent into some trouble.

      Power corrupts. Always.

      --
      Of course it runs NetBSD. BTC: 1NT7QvbetmANwaMzhpVL6
    8. Re:Make this as broad as possible by denissmith · · Score: 1

      Of course, I wasn't actually proposing that we do that - it was a post of despair. Basically, a review of the history of Modern Intelligence / Law Enforcement shows that this type of law is both counterproductive for society( as you note, with the push for even more draconian laws ) and unnecessary. All the necessary FACTS were already known about the 9/11 hijackers. All the facts about Iraq's weapons programs, about aluminum tubes about Niger about blahblahblah. Even some facts that weren't facts, just for good measure. Having more data, and more access to that data won't produce anything useful - collecting information STRATEGICALLY, by trained personnel who know how to assess information works. Trusting that intel - or the professionalism of the on-the-ground agents by the higher-up managers is where the failure lies, all the analysis points to this. Not listening to the field agents' assessments. Knowing better because you're a higher-up. Gathering heaps of data and analysing them will yield something - just not the right thing, because we don't know how things relate to each other. Some combinations are suspicious but meaningless, like cloud figures - you see the charging lion, but he's a phantom. Some things look benign, but they are deadly. Software might help find patterns, it will find patterns - but they will be patterns that programmers, or even worse middle managers - think to look for, for purposes that have nothing to do with terrorism. They will look for dissenters. Ultimately, they will undercut and destroy the good field agents and empower the short-cutters, the goons. So, yeah, you are right the "idea" I offered won't "work" because it was intended to point out the futility of their method and my utter exasperation with the thoughtlessness of our elected officials. They are crazy.

      --
      I have nothing to hide. So, why are you spying on me?
  13. Needed for corporations, not individuals by Mostly+a+lurker · · Score: 1

    The real need is for a law to force corporations to retain evidence of their misdeeds. Right now, some corporations deliberately infringe laws and then have email retention policies that tell employees to destroy all email over 30 days old. In the rare cases where any attempt is made to bring these companies to book, it is very difficult to find the evidence to convict.

    1. Re:Needed for corporations, not individuals by chill · · Score: 1

      Right now, some corporations deliberately infringe laws and then have email retention policies that tell employees to destroy all email over 30 days old. In the rare cases where any attempt is made to bring these companies to book, it is very difficult to find the evidence to convict.

      Uhhh...no.

      I can't think of one corporation that would be able to function if e-mail was destroyed once it hit 31 days old. 90-days, maybe.

      Corporate fraud and misdeeds, at least the worst of them and the ones you proscecute for, are systemic and ongoing. If it is ongoing, it will be caught and evidence will be obtained.

      Not to mention all those tape backups, off-site storage, etc. Properly purging e-mail is a major hurdle and e-mail is the lifeblood of most companies. The possibility of accidentally losing it all far outweighs the "we're all crooks, keep nothing" possibility.

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:Needed for corporations, not individuals by Mostly+a+lurker · · Score: 1
  14. Why try to hide it? by Ardeocalidus · · Score: 3, Insightful
    Damn terrorists... We're being wire-tapped because of them!

    Damn child-pornography... Our records are being held because of them!

    See? These two concepts are examples of overarching legislation. Its an idiotic and rather insulting attempt from our government to lower our personal privacy in the name of nabbing niche crime markets.

  15. The costs to small businesses by GiMP · · Score: 3, Insightful

    One concern I immediately had -- and I happily saw noted in the article as well -- is the question of who will pay to support this? Data storage isn't free, or cheap.

    This could kill small and medium-sized web hosting providers.

    1. Re:The costs to small businesses by Brobock · · Score: 2, Insightful

      One concern I immediately had -- and I happily saw noted in the article as well -- is the question of who will pay to support this? Data storage isn't free, or cheap.

      This could kill small and medium-sized web hosting providers.


      Especially companies that have a business model based on anonymity such as anonymizer.com.
      They advertise that they do not keep logs and all data that goes through there port 22 ssh is encrypted.

    2. Re:The costs to small businesses by danpsmith · · Score: 2, Insightful
      This could kill small and medium-sized web hosting providers.

      Like they care, the ability of killing off small and medium sized hosting providers is a fucking fringe benefit. They don't like the freedom of having these alternatives to the major infrastructure monopolies available anyway. Killing off these providers will allow the Internet to become as corporately dominated as any other type of media, and help make it so you cannot venture outside of the system.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    3. Re:The costs to small businesses by Phillup · · Score: 1

      One concern I immediately had -- and I happily saw noted in the article as well -- is the question of who will pay to support this? Data storage isn't free, or cheap.

      The concern I immediately had was... which companies do I need to buy stock in.

      Because, as you said, storage isn't free. (or cheap in quantity)

      --

      --Phillip

      Can you say BIRTH TAX
  16. Harmonization by TubeSteak · · Score: 4, Insightful
    But it was the European Parliament's vote in December for a data retention requirement that seems to have attracted broader interest inside the United States.
    I expect to see more of this in the future. It's the new end run around having a real debate in the U.S. or Europe. Push for a law (that would be unpopular) on the other side of the ocean and then 'harmonize' your laws with that.

    Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.
    Nuff said. They claim this law is 'for the children', but it's going to be used for everything else possible.
    --
    [Fuck Beta]
    o0t!
    1. Re:Harmonization by NoMaster · · Score: 1
      It's the new end run around having a real debate in the U.S. or Europe.
      What, you think this is new? It's been going on for at least 20+ years that I can remember.

      It's pretty much SOP in most governments, and, in fact, in most domains of human activity. It's walking up the rules, one step at a time. Hell, I'd bet you even tried the same thing as a kid - "well, Billy's parents let him do X; why can't I do Y?". And, of course, Billy's argument always was "Well, TubeSteak's parents let him do Y; why can't I do Z?"

      The only thing that I can see has changed recently is that, in the political sphere, the US government (and they're not alone in this, BTW) is playing a more active role. The US creates a law, leans on someone else to create a slightly more draconian version of the same law, then uses that as justification to extend their own laws "to align them with our major trading partners".

      --
      What part of "a well regulated militia" do you not understand?
    2. Re:Harmonization by Anonymous Coward · · Score: 1, Informative

      I expect to see more of this in the future. It's the new end run around having a real debate in the U.S. or Europe.

      Its called policy laundering. The "data retention"* idea dates back to at least 2000. (it predates 9/11 and madrid by more than a year, obiously) A bit later it got discussed at a G8 meeting. This may when it officially crossed the ocean, though god knows in which direction... The idea of "lawfull interception" of Internet traffic went from the US to the EU through "ILETS". ILETS may be mostly the FBI or UKUSA... who knows.

      Now if you look at the years of trouble the UK goverment is going trough with getting "entitlement cards" (mandatory ID cards) then you will be amazed at how smoothly it got this policy trough. And not just in the UK but in the entire European union.

      The UK didn`t want the EU parliament to vote on this. It just wanted to push it through as a deal between justice ministers. But the EU Parliament desperately wanted a say in this. So the UK set a deadline (before the end of its rotating presidency). Before this the parliament had to admend and vote the legislation. Commision were formed, debate started and then when everyone was just getting to grips whith the idea... Wham...an agreement, a vote, done.

      Now if anybody knows why the two big coalition parties in the parliament suddenly agreed to the artificial deadline, throwing overboard work on an compromise, please respond. The deadline was worthless anyway because the Netherlands had blocked voting on this as a justice minister backroom deal. I hope they got something good out of th UK for this, but who knows what these crazy christian democrats are up to.

      Now before everyone shouts "just encrypt everything", remember as long as internet traffic isn`t signed the only identity traffic might possibly be linked to is some easy to fake billing information though an notoriously unprotected identification mechanisms (IP address, IRC nick, E-mail addres). That is unless you start signing your traffic, traffic data isn`t explicitly protected agianst forgery which is why this billion dollar plan produces stuff that isn`t worth as much in court as some people might imagine. But hey, think of the children, right...

      * More correctly: "data collection, rentention and mining at the providers cost" The internet typically doesn`t really have designated traffic data though.

  17. Re:Wow, this really sucks. by William_Lee · · Score: 3, Insightful
    But really, it's a very large problem. My hometown (pop 30,000) has caught something like 7 online preditors in the past 2 years

    I would say that the inability of many slashdotters to spell correctly is a much more serious problem to worry about. I won't even go into the issue of incorrectly extrapolating statistics based on your little slice of heaven on earth, or the morality of using said statistics to justify a police state in the name of saving the children.

  18. Think of the children! by Opportunist · · Score: 3, Insightful

    I wonder how long it's still legal to abuse children as the excuse for some law.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  19. its all about the kids by nurb432 · · Score: 1

    Phfft..

    And you joe citizen ( consumer ) fall for it every time. ..

    Grrr

    --
    ---- Booth was a patriot ----
  20. And in Soviet Russia... by Tackhead · · Score: 2, Funny
    >USA Bans Running Your Own Email Server
    >
    > No wait... I meant CHINA!

    In Soviet Russia, citizens delete emails!

  21. children as an excuse by bluehalo · · Score: 3, Insightful

    Whenever I see "let's push through this law to protect the children" I always assume it is bad legislation. You know that it's especially bad when "child porn" is used as the justification for taking away privacy rights. Basically, "we can't even make up a semi-clever story to hide our ulterior motives... time to play the Sicko Child Pornographer Card!"

  22. new anthem by isotope23 · · Score: 1

    Perhaps we need to change the last line....

    "O say, does that star-spangled banner yet wave
    O'er the land of the free or the home of the slave?"

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  23. Re:Wow, this really sucks. by TrappedByMyself · · Score: 3, Insightful

    Why should we be trying to catch them?

    Should we be trying to catch online predators? You're asking if we should be trying to catch the guys who use the internet to setup meeting to have sex with children? Umm...

    If you just talking about the freaks who wack off to pics of little girls, then think of this: People searching for pics of little kids creates a demand for pics of little kids. If the demand is there, then someone posts pics of little kids. Where do you think this pics come from? People sexually absuing and exploiting little kids and posting pictures of them online.

    Pure freedom is nice and all in theory, but when people are still too uncivilized to handle it, then it's unrealistic.

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  24. Law Enforcement by COMON$ · · Score: 3, Insightful
    Being a law enforcement IT employee we already do back up all e-mail and files. I just skimmed the article but is there any standard for the amount of time this has to be retained? Most of us can vouch that data retention is very very expensive. Not to mention tricky if you are looking at going longer than 7 years. magnetic data is good for about 30 years and high grade magneto optical is supposedly good for 100 years in ideal conditions. But data doesnt maintain it just gets bigger especially e-mail.

    other question is when can I delete e-mail or files? if I have a draft and delete it before the backup am i in violation of this policy or what?

    I think this is just a good case of lawmakers who have absolutely no clue on how to turn on their computer let alone regulate data retention or laws regarding any of this stuff.

    --
    CS: It is all sink or swim...oh and did I mention there are sharks in that water?
    1. Re:Law Enforcement by LurkerXXX · · Score: 1
      I just skimmed the article but is there any standard for the amount of time this has to be retained?

      No, but there is a law that upon request, an ISP will retain the logs for 90 days for a specific investigation. That should work for most jobs. There's no need to add to it to give up everyones privacy.

    2. Re:Law Enforcement by Phrogman · · Score: 2, Interesting

      Data retention and maintaining of backups is very expensive. There is no real industry standard but in some cases - say in the health care industry - there are legal requirements for how long data must be retained. Usually, if you formulate a logical data retention policy and apply it consistently then you are safe if you get hauled into court. If you can show that you had good reasons for your policies and that you followed them strictly, then the fact that you got rid of data after a period of time is entirely defensible. Its when you have policies and you fail to apply them consistently, or when you don't have policies that you seem to get into trouble in the courts. Just saying keep the email for 30/60/90 days is not a policy generally speaking.

      The problem is that not all emails are of value, so you can't generally just delete them based on how much time has passed. Each email needs to be examined and sorted according to its importance, or you keep all of it according to the length of time you need to preserve the most important stuff. I am sure that few companies do this adequately, and its a big issue in the corporate world at the moment. The Sarbanes-Oxley act has caused a massive stir in business circles, and while email is the big focus point for many people at the moment, things like Instant Messaging and even Blogs are becoming relevant too. If I send you an email and we agree to do business in that email exchange, that exchange is now a legal record - and may even constitute a contract (IANAL so thats not something I can comment on). In many cases that may be the only record of us reaching an agreement to do business. As such its a business record and needs to be preserved for the same period of time as say a written contract I would expect.

      Having a logical data retention policy and following it consistently is the most important defense a company or organization can raise in court from what I have seen. That way when you are called to court you can say: "Why can't you produce this email? Well, because its more than 5 years old and we have a policy of deleting all emails after a period of 5 years. As you can see we have followed that policy for the past 8 years consistently. Preserving that email as backup tapes for longer than that period has proven to be prohibitively expensive, and so we formulated this policy as a business decision and have continued to follow it for this entire period". The courts do not expect you to keep everything because thats unreasonable (and searching it would be extremely costly and time consuming as well), but they do expect you to formulate a plan and stick to it. Most companies that get in trouble seem to have formulated a plan and not followed it (or applied it unevenly), or to have suddenly decided to apply it when a lawsuit looked likely (which is seen as covering up evidence by a court in many cases).

      As well you need an effective Hold Order system - so that if you get taken to court for some reason, you can immediately inform all personnel that *nothing* gets deleted while the lawsuit is ongoing. All records are retained, no email is deleted etc, so that it can all be produced upon demand. This ought to include things like IM traffic logs etc.

      Now as for the legislation to mandate retaining data for a fixed minimum period, well thats probably not that unreasonable. There are laws which prevent that data being turned over for unreasonable reasons, and they *ought* to be enough. I am sure a lot of this legislation is driven by a desire to prevent problems like Enron from occuring again.

      I am not a lawyer but I have read a lot about data retention as part of a project I have been working on. Its a dark and murky world and few organizations seem to be spending the amount of time and effort that is required to safeguard their butts should they be required to produce their records in court at some future point.

      If you really need to know, then try to send someone to this conference:

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    3. Re:Law Enforcement by necrognome · · Score: 1

      Questions, questions, questions... You are obviously not thinking of the children. Think of the children, and all questions are answered, all problems solved. Debate? Disadvantages? Costs? Drawbacks? Feh. What about the children, dude? Somehow, somewhere, a child could be in harm's way. If you've got nothing to hide, you have nothing to worry about... unless you're hiding children. Snap to it, bub. Think of the kids.

      --


      Let's get drunk and delete production data!
  25. if you had an off switch, who would you tell by PMuse · · Score: 3, Funny
    Unknown to most people, their brains have an off switch. It is activated by the key phrase:
    But, think of the children.
    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    1. Re:if you had an off switch, who would you tell by MS-06FZ · · Score: 3, Funny

      That's ridiculous. My brain doesn't have an off sw

      --
      ---GEC
      I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
    2. Re:if you had an off switch, who would you tell by RPoet · · Score: 1

      Ob. Bender: Thanks a lot, Takei, now everybody knows!

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    3. Re:if you had an off switch, who would you tell by chill · · Score: 1

      fnord

      --
      Learning HOW to think is more important than learning WHAT to think.
    4. Re:if you had an off switch, who would you tell by PMuse · · Score: 1

      "If you had an off switch, Doctor, would you not keep it a secret?"
      (Data, ST:TNG "Datalore")

      MAL: . . . Which, how exactly does that work anyhow?
      SIMON: It's a safe word. The people who helped me break River out had intel that River and the other subjects were being embedded with behavioral conditioning. They taught me a safe word in case something happened.
      KAYLEE: Not sure I get it.
      SIMON: It's a phrase that makes her fall asleep. If I speak the words--
      JAYNE: Don't say it!
      ZOE: It only works on her, Jayne.
      JAYNE: Well now I know that.
      (Serenity, 2005)

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  26. Why Not Get Homeland Security Involved? by eno2001 · · Score: 2, Interesting

    Based on recent news events those guys seem to be experts on all things "pedo". ;P I'm sure they'd LOVE to "investigate" more kiddie porn.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:Why Not Get Homeland Security Involved? by typical · · Score: 1

      The irritating thing is that if the USG uses the boogeymen of terrorism and and child porn, they get to invade multiple countries, roll back civil liberties, obtain new police powers, seal documents against even FOIA requests and squash complaints.

      Both of these affect a vanishingly small number of people compared to, say, car accidents or smoking deaths. And even child porn involving sexual abuse doesn't kill people.

      America really needs to put things in perspective.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  27. No need to worry about this by lowell · · Score: 1

    H5N1 is on the way, the CDC is already swapping out dna with known human flu viri, so they can "HELP", and the steps are in place for mandatory vaccination and quarrantines.

    Have a nice summer

  28. Coming soon: s-mail retention by Shadowlore · · Score: 2, Insightful

    After all, many such things if done by postal service are yet another crime.

    If this goes through I say quit fighting spam. Let it start clogging up the archive mechanisms. When the pain is large enough these privacy violations go away. I'd rather get spam I can filter than have my traffic/email/etc. mandated to be stored where it is rapidly available and providing a big-ass target for crackers and bureaucrats looking for a cause to raise their pay or get votes on.

    --
    My Suburban burns less gasoline than your Prius.
  29. Re:Wow, this really sucks. by TrappedByMyself · · Score: 1

    I would say that the inability of many slashdotters to spell correctly is a much more serious problem to worry about. I won't even go into the issue of incorrectly extrapolating statistics based on your little slice of heaven on earth, or the morality of using said statistics to justify a police state in the name of saving the children.

    I know police who catch these bastards. Either you're so distant from reality that you think people don't really do evil things and it's all just "Big Brother"'s fault, or you just don't want the police to find your underage porn collection.

    So... which is it?

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  30. Why do Republicans hate freedom? by Anonymous Coward · · Score: 0

    Leave it to the Republicans and surveillance happy Europeans to erode the Western ideal of civil liberty. Maybe the Libertarians and a few progressive-minded Democrats will save us, but I doubt it.

    1. Re:Why do Republicans hate freedom? by Anonymous Coward · · Score: 0

      Why? For the same reason we hate all Hispanics.

      Why are all progressive-minded Democrats pedophiles?

    2. Re:Why do Republicans hate freedom? by Deagol · · Score: 1
      If you're a Utahn, support Pete Ashdown this year in the election. He was a founder of Xmission, a really great ISP based in Salt Lake City.

      How I'd love to see this guy bump that asshat Orrin Hatch out of office!

  31. At what point... by Zephyros · · Score: 1

    ...do we say "enough is enough"?

  32. Is this an over-hyped threat? by Pragmatix · · Score: 2, Insightful
    Just because they caught a bunch of 'online' predators doesn't mean there were a bunch of children being predated upon. Sure the potential exists, but I wonder how prevalent is this type of crime (with an actual victim, not some cop posing as one).


    I have the sneaking suspicion that it is mostly a bunch of creepy old men talking dirty to a bunch of other creepy old men. I find it really hard to believe some teenage girl is seriously engaging in these sorts of activities (I can imagine them doing it and thinking it is funny to rattle peoples cages, but seriously being pulled in to this kind of relationship?).


    As to your specific question, 'how are they supposed to catch these people without the logs'.
    No one has ever suggested that we record every minute of our voice communications over the phone or otherwise for use in these sorts of cases. Why would text be any different? I would support the ability to get a warrant to 'tap' irc or email, allowing law enforcement to log communication from the point of the warrant onwards, it seems like that would be pretty effective in building evidence against offenders while keeping the government out of the business of innocent citizens.

    1. Re:Is this an over-hyped threat? by Anonymous Coward · · Score: 0

      It's different because it leaves a trail.

      The Internet is a public forum--totally different from a private/analog telephone conversation. To seriously expect law enforcement to ignore all that evidence--and instead get it the hard way--is ridiculous. It's right there for them.

      Now, I don't support saving data indefinitely. And I think a search warrant should be required to get the data from your ISP or your hard drive. But, no one should have any expectation of privacy when going onto the Internet.

    2. Re:Is this an over-hyped threat? by cayenne8 · · Score: 1
      "I find it really hard to believe some teenage girl is seriously engaging in these sorts of activities (I can imagine them doing it and thinking it is funny to rattle peoples cages, but seriously being pulled in to this kind of relationship?)."

      You know..I was thinking along the same lines....I mean, did kids all of a sudden get stupid?

      Ok, I grew up as an only child in a house with parents that worked. I was at a home with a loaded gun alone, but, I never took it out to show my friends or shoot anyone.

      I also knew better than to meet up with strangers to have sex with....Hell, I knew that the big anvil that fell on Wile E. Coyote would actually kill a person in real life...

      So, what happened to kids this day in age, an more informed age, where they got stupid and don't know these things? Or...is this thing overhyped? Or negligent parenting?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:Is this an over-hyped threat? by Anonymous Coward · · Score: 0
      I have the sneaking suspicion that it is mostly a bunch of creepy old men talking dirty to a bunch of other creepy old men. I find it really hard to believe some teenage girl is seriously engaging in these sorts of activities (I can imagine them doing it and thinking it is funny to rattle peoples cages, but seriously being pulled in to this kind of relationship?).

      Christmas 2005 we all had dinner at my mother-in-law's house. My wife's niece (who is 19 or 20 years old) was present, with her new boyfriend - care to guess his age? Let's just say he was older than her father, and retired... Interestingly, neither of her parents seemed to care.

      Now, this girl has always been a "slutty, trashy tramp", ever since I have known the family. Her mother (my wife's sister) is no different. Now, I am no prude, not by half - but there are times when you "let it hang out", and times when you don't.

      Anyhow, with being raised in that manner, it is understandable that might have influenced how she turned out. Regardless, don't you think that maybe, just maybe, since she was much younger, probably had a "thing" for much, much older men? Furthermore, do you somehow think she is "unique", in this American society? A society that glorifies youthful sexual expression while at the same time condemns the acting on it? Right...keep thinking that, if it makes you feel better...

  33. Re: Maybe it's just me, and I'm being insensitive. by Anonymous Coward · · Score: 0

    But over and over and over again I hear Bush administration officials decrying the evils and systematic destruction child porn is causing our country. Is child porn really as rampant and great a concern as they make it out to be? I mean, child porn is AWFUL and those caught should be prosecuted. But aren't there other more pervasive, more destructive issues in this country like the sorry state of the public education system.

  34. I believe the law to be flawed-and should fail by way2trivial · · Score: 1

    but your argument is flawed also.
    and I believe in the rights of adults, to do what they want, that does not interfere with others doing what they want- without consent
    (kinda libertarian viewpoint)

    I think adults should be able to 'beat' their meat to whatever they enjoy- if that is as far as it goes.
    I don't think children of a certain age (variable based on the individual, but I'm willing to go with the state definition's of age of consent) can consent to potentially harmful acts.

    my question to you- where are they (thos interested in kiddie porn) going to get whatever they look at? at some point, unless it's a cartoon- it had a source.. and there is no way it can then have a valid source.

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:I believe the law to be flawed-and should fail by Anonymous Coward · · Score: 0

      So the problem appears to be that sex is potentially harmful...

      When will people understand that sex is only harmful because of the years spent by humanity considering it taboo?

      Imagine an example:

      Someone considered a minor (which can be very variable around the globe) consents to have sex.
      Then, days/months/years later, someone tells him/her that what was done at that age was wrong. And not only this, the whole society tells that it was wrong.

      Which is the potentially harmful act? The sex or finger pointing?

      All this doesn't mean that I approve child abuse. But I always wonder when will people understand that there is nothing wrong in sex.
      Abuse is wrong, includes it sex or not. Sex is not wrong. But looking at the news it looks like that the wrong part is sex, not abuse.

  35. Wow by Aqws · · Score: 2, Informative

    Is there anyway that we can limit what the government knows about what we do online? I spend most of my time online, be it browsing the web, sending an essay back and forth over wires, or IMing friends, there is way more information the government is storing about us than there ever was before. There are plenty of things that I have done on the net that I don't want some ultra-right-wing creep looking through. It wouldn't be that hard to realy stop them in their tracks. Can't you just make some realy big anonomyzer for your town? That way no personally Identable information goes out to the global wires?

    There are real problems with the IP monopolies though. Lol, I wonder if this is encoraged by the government, maybe some kind of reward for their carnivore project.

    Btw, "ultra-right-wing creeps" isn't just irrational name-calling, just read some of the stuff from Russ Tice, and why he was fired.

    From another slashdotter:
    "In 1999, I worked as a contract engineer for a Linux consulting company. We delivered kernel enhancements for the Linux kernel on the Alpha processor to the NSA. The enhancements we to reduce TLB miss overhead when doing comparisons and searches on large amounts of data. The benchmark run to test it was a keyword search through a stream of e-mails. This was to run on a *massive* cluster of Alpha machines. I would guess they've upgraded it several times since then.

    1999 was while Clinton was still president, BTW.

    (Posted anonymously, for obvious reasons. Though I've probably given enough information that they could narrow it down to about 10 people.) "

    1. Re:Wow by Jah-Wren+Ryel · · Score: 1

      From another slashdotter:
      "In 1999, I worked as a contract engineer for a Linux consulting company. We delivered kernel enhancements for the Linux kernel on the Alpha processor to the NSA. The enhancements we to reduce TLB miss overhead when doing comparisons and searches on large amounts of data.


      This tweaked my BS-detector.

      The TLB is the Translation Lookaside Buffer - not too meaningful a name, but what it does is cache the mapping between virtual pages of memory to physical pages of memory. If you take a TLB miss, it means you have out to main memory and look at the full list of mappings which is slow, so avoiding TLB misses is a good thing in general.

      Off the top of my head, the only thing I can think of that would reduce TLB misses would be to use larger page sizes. The default page size on linux is usually just 4K. So a TLB with, say 128 entries, is only good for half a megabyte or so. But, if you bump the page size up to 1MB then its good for 128 megabytes. Take your page sizes up to 64MB and that's 8GB.

      The thing is, such an improvement is not unique to text search algorithms. It helps out any application that works with large datasets. So, while it is certainly possible that the NSA wanted such an improvement for a text search application, it is much more likely that anyone of the thousands of Alpha users doing "technical computing" (number crunching) wanted it. I am too lazy to check the kernel history to find the actual checkin, but whatever it says, I think it is highly improbable that the NSA was responsible for it.

      --
      When information is power, privacy is freedom.
    2. Re:Wow by chill · · Score: 1

      In 1999, I worked as a contract engineer for a Linux consulting company. We delivered kernel enhancements for the Linux kernel on the Alpha processor to the NSA. The enhancements we to reduce TLB miss overhead when doing comparisons and searches on large amounts of data. The benchmark run to test it was a keyword search through a stream of e-mails.

      My how far we have come in 7 years. Sensory Networks makes a hardware accelerator (PCI-X) for just this thing. They aren't that expensive, either. http://www.sensorynetworks.com/Products/NodalCore- C-Series/

      --
      Learning HOW to think is more important than learning WHAT to think.
  36. Why stop there? by tricorn · · Score: 1
    "I absolutely think that that is an idea that is worth pursuing," an aide to Whitfield said in an interview on Thursday. "If those files were retained for a longer period of time, it would help in the uncovering and prosecution of these crimes."

    If we mandate microphones and cameras in every room in every house, it would help in the uncovering and prosecution of these crimes as well. Ends and means, anyone?

  37. Re:Wow, this really sucks. by Quintios · · Score: 1

    Wait wait... You're saying spelling is more important than catching these scumbags? Please don't ever insult anyone's intelligence again; you have no ground to stand on. This post trumps all others for pure idiocy. You just lowered the collective intelligence of this board.

    --
    Anonymous Cowards are at -6...
  38. The Cost in general by Anonymous Coward · · Score: 1, Interesting

    This article reminds me of something I came across yesterday. My office is a Public Defenders Office that has to retain client records for 6 years (10 years for Appeals). Our client load is huge, last year alone we served 11,000 clients. We put our old (case closed) files in boxes, maybe 50 files per 12"x10"x18" box (some files are 4 boxes big, other boxes only contain 3 files). Outside my door I can see 23 boxes, with case numbers only reaching 6,000 (meaning 5,000 (or about 20 boxes) are somewhere else.

    What this has to do with the article is that there has been changes in the way files are kept. Just last month they (I still don't know who "they" are) came out with a decision that says:

    "Retain until 6 years after case closed, or 0 after any minor client attains age 21, whichever is later. Subsequent to this period, the file must continue to be maintained until death of the client concerned, 80 years after the date of birth of the client concerned, or the client concerned provides instructions on disposition of the file, whichever is earlier."

    So we have to either get each client to agree that we can destroy their file (something very few of them will agree to), keep tabs on each client to see if they die, or hold each file until the client turns 80 years old. Worst case senario we have to hold these boxes for 64 years (16 year old + 64 years = 80 year old). We don't file by client age and we will not start to, so we have to file each box for 64 years just to be safe! 64 years x 11,000 = 704,000 files, or a metric fuck-load of files. I have no idea where we are going to find a warehouse large enough and cheap enough to hold these files for 64 years. Not to mention the taxpayers pay for this stuff, and I can't see them paying to hold 60 year old Indecent Exposure files for some guy who died 30 years ago.

    Moral of the story: Ideas like these get floated around from time to time but they never pan out when we realize the cost associated with them. My problem with our situation is this: Why aren't the rights of 81 year olds protected? What happens at the age of 80 that makes it so you no longer need your file?

    1. Re:The Cost in general by Boogaroo · · Score: 1

      I've calculated your storage needs to be 460,800 cubic feet.
      Your average cargo container(like you see on trucks or cargo ships) is 40 feet long and holds 2,200 cubic feet.
      You'll need 210 cargo containers assuming your caseload doesn't grow.

      Just thought I'd get you started. :)

  39. Re:Wow, this really sucks. by danpsmith · · Score: 1

    Umm, let's see, how about ACTUAL POLICE INVESTIGATION. This is, plain and simple, a government regulated attempt at creating a permanent pond for a fishing expedition. I am sorry, you cannot sit back and welcome our country's parallel of the Chinese government (read China's policies on data retention in the other news today), and say that it's necessary to catch child molestors. There _are_ other methods.

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  40. Comment removed by account_deleted · · Score: 2, Funny

    Comment removed based on user account deletion

  41. Abuse Means More Laws by PineHall · · Score: 1

    It is because people abuse the freedoms we have online that governments make laws to restrict our use of the Internet. The Wild West of the Internet is in the past. Europe has passed laws and now the USA is considering laws. It seems to be a part of human nature to abuse a good thing.

  42. Re:In other news... by gubbas · · Score: 1

    China censors data to "protect" the government and people.
    The US wants to read all your data to "protect" the government and people.

    In China, you can be arrested for posting censored information.
    In the US, you can be arrested for information posted in the past that is now deem criminal.

    At least China is more up front with what will get you in trouble.

    --
    "What I need is an exact list of specific unknown problems we might encounter."
  43. Encryption is the answer by UnrefinedLayman · · Score: 4, Insightful

    Encryption is the answer to this, and it continues to amaze me that otherwise intelligent software developers continue to create software that does not utilize encryption.

    95% of web traffic continues to be by HTTP, instead of the easily deployed HTTPS (and by easily I mean the entire infrastructure to support it already exists, both for clients and servers).

    SMTP continues to be plaintext and bounced around like a ping-pong ball. The reasons for using encryption with SMTP are the same reasons for using letters in envelopes and not postcards. Two thousand years ago the Romans used wax seals on their private documents to ensure no one intercepted the message en route, yet every email on the planet is still there to be read.

    Instant Messages continue not to be encrypted between recipients, and just like HTTPS the infrastructure is already there to support it. Why is it that it is off by default in a world where you can't buy a system with anything less than a 2+ GHz Celeron processor?

    VoIP continues to go unencrypted over the Internet, for reasons that I can't even begin to fathom. We expect to have digital wireless phone calls--on a system first deployed over ten years ago--encrypted, but the brand new digital wired calls not? Thank God there are people like Phil Zimmerman out there.

    Seriously, this is the most basic concept in an age where the people have every right to fear their government that most people distrust and believe is corrupt, in an age where the government (allegedly) mandates that all Internet traffic is made available for illegal spying, in an age where people have feared the NSA was already spying on citizens... the list goes on.

    It is the responsibility and social responsibility of programmers and standards-makers to pursue wide encryption deployment, or the whole "Daddy, where were you when they took freedom of speech away from the Internet?" cliche will be answered with "With my shoulder to the wall helping the government take away everything else."

    1. Re:Encryption is the answer by mycall · · Score: 0

      "Two thousand years ago the Romans used wax seals on their private documents to ensure no one intercepted the message en route, yet every email on the planet is still there to be read." I'm sure the Romans didn't forge ring stamps either.

    2. Re:Encryption is the answer by itsownreward · · Score: 1

      I'm sure the Romans didn't forge ring stamps either.

      I think breaking well-designed, peer-reviewed, large-key encryption schemes is a little less trivial than making a reverse mask of a wax seal.

    3. Re:Encryption is the answer by Anonymous Coward · · Score: 0

      I would say voting out governments that are interested in stripping me of my rights is the "answer to this".

      One shouldn't NEED encryption methods to hide data from the government. Perhaps that's just my naivete, but I believe it's possible for a government to work. Now, with all of us geeks saying "Yeah, well we can just encrypt our way to safety" and the rest of society saying "Yeah, I am in favor of putting those child porn people away more easily", we're going to lose the vote. Get out. Get active. Tell people the government is evil. Maybe they'll listen.

      Hey, the worst that could happen is that you end up in Gitmo...
      Oh wait.

    4. Re:Encryption is the answer by Anonymous Coward · · Score: 0

      Does encrypting the traffic somehow prevent the server from logging that IP 31.141.59.26 requested a particular document at a particular timestamp? This is what is worrisome about data retention.

    5. Re:Encryption is the answer by cgenman · · Score: 1

      In the IM space, "encryption" is the extra feature they sell to companies when trying to convince them to upgrade to the 5,000 dollar version of AOL instant messenger. Convieniently forgetting, of course, that Jabber is there, jabber is encrypted, and jabber doesn't even have to leave your network, and Jabber doesn't suck.

      Honestly, IM encryption is the most likely of all of the above.

      HTTPS means more server overhead for little or not payout. It means you might need two sparc stations and some sort of load balancing arrangement instead of just one. And why would you need to encrypt more HTTP communications anyway, especially if your're just pulling a static page down?

      Besides, the damning thing about HTTP is not what you see, but who you connect to. That, sadly AT&T already knows.

      E-mail encryption is a sewer. I'm a pretty technically savvy user, and I communicate with other pretty technically savvy users, and I've managed to have reasonable conversations with just one other person over encrypted e-mail. Considering spam, lack of encryption, lack of verification, e-mail needs a major overhaul. I suspect that at some point IM clients will start holding old messages for later delivery, and e-mail as we know it will be obsolete.

      VOIP should be encrypted. It came out late enough that the people at EbaySkype have no reason not to use encrypted communication channels.

    6. Re:Encryption is the answer by DirePickle · · Score: 1
      I suspect that at some point IM clients will start holding old messages for later delivery, and e-mail as we know it will be obsolete.
      I don't know if it still does or not, but this is something that ICQ was doing ages ago.
  44. How's Your Retention? by Anonymous Coward · · Score: 0

    Congress is going to call it the Federal Electronic Child Enhanced Safety Act or the FECES Act for short. For it to become law FECES will have to pass through the House and Senate. They won't be able to tack on too many amendments or the FECES could get stuck. It'll be a great day when FECES lands on the President's desk, so he can sign it. To implement the FECES Act The Homeland Security will create a new FECES enforcement unit. They'll be recognizable by their brown shirts. They'll make sure that ISP's are keeping their retention levels up.

  45. Re: Maybe it's just me, and I'm being insensitive. by Anonymous Coward · · Score: 0

    No. The only issues that exist are child pornography, terrorism, and gay marriage. All other things must not be discussed.

  46. Re:In other news... by Bueller_007 · · Score: 0, Redundant

    In Communist Russia, running your own web server bans you.

  47. Re:Wow, this really sucks. by chill · · Score: 4, Insightful

    The correct method is for the authorities to inform the ISP that an investigation is underway. At that point, they are required to start retaining logs for the eventual subpeona. Logs are not turned over without a court order.

    This has been effective in the past and there is no evidence to support the notion it is no longer a valid method.

    --
    Learning HOW to think is more important than learning WHAT to think.
  48. Re:Anonymously? Oops... by MS-06FZ · · Score: 1

    He meant the other slashdotter who he was quoting was anonymous, dur-hey.

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  49. It's always about the children... by danpsmith · · Score: 1

    ...until it comes to questions of child workers...then it's all about the profit.

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  50. Re:Wow, this really sucks. by William_Lee · · Score: 4, Insightful

    I know police who catch these bastards. Either you're so distant from reality that you think people don't really do evil things and it's all just "Big Brother"'s fault, or you just don't want the police to find your underage porn collection.

    So... which is it?

    You're missing the point. I think people do evil things all the time. I also think the police should do their best to catch criminals within a legal system that balances the rights and freedoms of an individual against being given carte blanche. The authorities are perfectly capable of pursuing online sex offenders without mandatory data retention laws. The US government is already abusing the Patriot Act, and AT&T apparently has plugged a pipe directly into the NSA, so you'll have to excuse me for blaming "Big Brother" and being somewhat hesitant to hand over yet another power to the state. This law has nothing to do with catching child porn offenders and everything to do with the government finding another way to exert more control over the general populace. You must be "distant from reality" if you think otherwise.
  51. Re:Wow, this really sucks. by JimBobJoe · · Score: 1

    Without the logs as evidence, how else are they supposed to catch these scumbags?

    Unlike other types of crimes (like say terrorist conspiracy or tax fraud) child predators/child porn users repeat their offenses. (After all, it's a sexual proclivity, and that implies multiple frequency. (I am given the impression however that your average child molester is a one time deal (usually unrelated to the internet anyway.)) If the individual is repeating the offense, then the logs currently retained are sufficient to investigate, archive more logs/traffic and prosecute.

    Data retention is most useful for one time offenses...where you'd figure out a year or two after the offense occurred that something might have happened. Sex crimes using the Internet just don't manifest in isolation that way (but maybe some terrorist conspiracy communication would.)

  52. No finger pointing from Europe.. by Vellmont · · Score: 1, Flamebait

    It always seems there's this finger pointing from Europe about how the crazy Americans have limited freedom again. Well this time Europe has struck first.

    This is a global problem with governments, not a single wacko government out of control. It really scares me that the western world is really moving more toward the restrictive policies of China than China is moving towards freedom.

    --
    AccountKiller
  53. Re:In other news... by Anonymous Coward · · Score: 0

    Depending on how good priceline's deal is, I am planning to move to either Antarctica or moon so that I wont be spied on....Phew

  54. Re:Anonymously? Oops... by JCZorkmid · · Score: 1

    I think you missed something:

    From another slashdotter:
    "In 1999,...

    ...

    (Posted anonymously, for obvious reasons. Though I've probably given enough information that they could narrow it down to about 10 people.) "

    Note the quotation marks.

  55. this administration.. by mycall · · Score: 0

    They think the best defense is a great offense. It seems whenever they get into trouble, they decide to push 1984 even further into the now. Crazy people at the wheel. I think the president did too many drugs as a kid.

  56. Re:Wow, this really sucks. by IdleTime · · Score: 1

    Bravo! Bravo!!

    Best comment I have read in a long time.

    --
    If you mod me down, I *will* introduce you to my sister!
  57. Re: Maybe it's just me, and I'm being insensitive. by ObsessiveMathsFreak · · Score: 4, Interesting

    Is child porn really as rampant and great a concern as they make it out to be?

    Not by a long shot. Child porn is a gross violation of the rights of the child being used to make it. The violation continues through the continued proliferation of the materials.

    Is it rampant? No one knows. For all we know, there could simply be a pool of say, 1000, images that are simply being recycled via digital copying over and over. No one has any hard data on this. We know nothing, yet laws are being drafted, essentially on the basis of rhetoric.

    Is it that big of a concern? Well, for the person directly involved, it may become the biggest concern in their entire lives, and possibly the biggest concern in the lives of their loved ones too. They are still being violated in a very real sense. Depending on the circumstances, some might be able to cope with this others might not.

    Is it that big of a concern for the rest of society? Well, yes. I am personally offended that people's rights are violated in this way. Those responsible deserve to face justice and the judgement of their peers under the law. Like all sex crimes, everyone can agree something needs to be done.

    But should everyone elses rights be violated in order to "do something"? Will this even work? Should more people suffer because of what has been done to the victims? I, and most Slashdotters, realise that we should have our rights forsaken or violated in response to the violation of others. Rather, we should use the law as it surrently stands to both protect people and bring the guilty to justice. It is up to the task.

    I would like to think victims of sex abuse would agree with my sentiment that the rights of everyone shouldn't have to be lost or violated in response the the violation of the rights of the victims. But I don't know that this is the case. I would like to hear the opinions of an actual victim of either child sex abuse or child pornography, on all of this. What do the people for whom these laws are suppossedly made for actually think about them?

    In all this, I don't think I've ever even heard the voice of the victim. Even once.

    --
    May the Maths Be with you!
  58. Children and Terrorists by Anonymous Coward · · Score: 0

    Man, I'm really getting sick of both groups. Is there an on-line petition I can sign to get them banned?

    1. Re:Children and Terrorists by BalanceOfJudgement · · Score: 1
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    2. Re:Children and Terrorists by robertjw · · Score: 1

      You forgot the politicians.

  59. Right after the point... by Anonymous Coward · · Score: 0

    ...when merely saying "enough is enough" has already become criminal speech.

  60. Re:Wow, this really sucks. by Jah-Wren+Ryel · · Score: 5, Insightful
    If you just talking about the freaks who wack off to pics of little girls, then think of this: People searching for pics of little kids creates a demand for pics of little kids. If the demand is there, then someone posts pics of little kids. Where do you think this pics come from? People sexually absuing and exploiting little kids and posting pictures of them online.

    The problems with your little analysis are that:

    1. Kiddie-porn can be manufactured without children and it is legal to do it. The SCOTUS ruled that virtual kiddie porn is legal. http://www.freedomforum.org/templates/document.asp ?documentID=16075
    2. Images are non-rivalarous - you can make as many copies as you want. Thus if a kiddie-porn-pervert is, on average, satisified with 1000 photos and videos, then all it takes is the SAME 1000 photos and videos to satisfy 1 or 1,000,000 kiddie-porn-perverts. No new demand is created.

    Pure freedom is nice and all in theory, but when people are still too uncivilized to handle it, then it's unrealistic.

    You misspelled fascist .

    --
    When information is power, privacy is freedom.
  61. Sidestepping fascism by BenEnglishAtHome · · Score: 1

    It's time to start compiling lists of proxy servers. Folks seem to want to concentrate on the ones that are just lying about, open and available. Well, I don't mind paying for something reliable, but if I'm going to pay for it my choices need to be:

    • Physically and legally located in countries that will either tell U.S. law enforcement authorities to fuck off or just give them an endless run-around,
    • Will pass every type of protocol/content without prejudice,
    • Don't log anything for a minute longer than necessary required to administer the network,
    • Don't cost an arm and a leg, and
    • Make it reasonably easy for semi-clueless users in the U.S. to securely tunnel to them so that everything easily available to U.S. LEOs is gibberish.

    Recently, I've actually pondered colocating my own proxy somewhere outside the country. I'm thinking maybe I could start looking in Venezuela...Anybody got any other ideas?

    1. Re:Sidestepping fascism by kt0157 · · Score: 1
    2. Re:Sidestepping fascism by chill · · Score: 1

      Heh, I shipped my own server to a co-lo facility in Michigan a month ago. I've also compiled a list of countries and their various data retention/privacy restriction laws. The server is for secure, anonymous e-mail & proxy (no FTP/shell). It is also going to be a Tor & possibly Freenet node. Gonna accept cash/money orders only and keep NO logs at all other than those needed to troubleshoot connectivity and only as long as troubleshooting is necessary. The hardware crypto accelerator (Soekris 1411 - $76) should handle the excess SSL/TLS traffic without bogging the machine.

      If Michigan gets around to passing a data retention law I'll have two or three other servers located at well connected locations around the world to bouce traffic off of. (Hence the compiled list.)

      The domain will be occulus.net and should be active within a week.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:Sidestepping fascism by OzPeter · · Score: 1

      Even though your server may be out of the US jurisdiction, how are you going to communicate to it without using infrastructure that is located *in* the US?

      I would bet that just passing data through any US based server would negate any protection you think you have by locating you server outside of the US.

      --
      I am Slashdot. Are you Slashdot as well?
    4. Re:Sidestepping fascism by GoldenWolf · · Score: 0

      Tor (www.tor.eff.org) would be another solution. It's not totally impervious to wiretapping, but it will make life harder for "law enforcement."

    5. Re:Sidestepping fascism by Anonymous Coward · · Score: 0

      Well, I would use ssl or ssh, but that's just me.

    6. Re:Sidestepping fascism by BenEnglishAtHome · · Score: 1

      OK, I don't get it. If the whole point (and, indeed, *my* point was ) "sidestepping fascism," then locating the server in the U.S. is self-defeating. Pursuant to a lawful order, a server operator can be required to begin logging traffic. Your intentions may be the best in the world, but I'm looking for a situation that relies less on the good intentions of the server owner than on larger issues that are more difficult for fascist enforcers to overcome. Specifically, locating a server (or a proxy service) in a country with poor relations with the U.S. means that anytime U.S. authorities want data, they're going to have to get it via wiretapping my encrypted tunnel which will reveal nothing. Then they'll have to move on to other methods of data-gathering that will be much more inconvenient/expensive/technically challenging. Eventually, absent overt acts on my part, the resources required to figure out what one little insignificant paranoid jerk like me is doing online will grow to the point that it's no longer worth the trouble.

      See where I'm coming from? Heck, if I was a certain recently-empowered South American leader who enjoyed tweaking the nose of the U.S. at every opportunity, I'd be doing everything in my power to encourage ISPs in my country to offer secure accounts to U.S. customers just to piss off various U.S. government entities.

      There's money to be made at this. I feel sure someone is going to jump on it eventually. As the U.S. becomes more and more intolerably fascist, the need becomes more acute. Eventually, plenty of people are going to be willing to pay another $25 a month to be reasonably sure they aren't being spied on. I'm ready to do it now and I'd pay more than that for a service such as you describe if it were located beyond the *practical* reach of various govt entities.

    7. Re:Sidestepping fascism by chill · · Score: 1

      You're looking at it the wrong way. As much as the rhetoric about the U.S. becoming fascist is flying, the truth is there are VERY, VERY few countries in the world where it is currently legal to do what you want.

      Most of those countries with "poor relations" with the U.S., like Venezuela, have unstable and/or paranoid governments. The conversation with an ISP down there would go something like this:

          Gov't Official: It is secure? Americans have access? The American gov't can't monitor what they do?
          ISP: It is secure, encrypted and anonymous. We cannot monitor what they do at all!
          Gov't Official: Excellent! Just make sure you pass over the traffic of the anti-Castro Americans who are plotting against our Socialist Brother Fidel. Oh, and pass over all traffic for Venezuelans living abroad who are plotting another coup. And those rebels, make sure to let them get accounts and pass over their traffic, too.
          ISP: Ummm...no, we can't do that. It is really anonymous and secure. We can't be selective otherwise it wouldn't work at all.
          Gov't Official: Shut it down now.

      If you create a list of all the countries in the world, then start striking off those without proper Internet connection, where strong crypto is illegal, where data retention laws are in place or imminent and you are going to find yourself looking at a very, very short list. Believe it or not, the U.S. is on that list.

      There is NO country in the world where the gov't can't go to the service provider and say "start logging now" and they must comply or face draconian prison sentences.

      My idea is simple:

      Cash/money orders only. No record of who paid for what that ties back to a real person.
      Accounts/e-mail addresses like jgru4456@ that have no relation to anything in the real world.
      TLS/SSL *only* connection for POP/IMAP/user-SMTP, Tor node, OpenVPN for road-warriors, optional e-mail batching, etc.

      The idea is if the authorities pop in and say "who owns account jgru4456?" I can honestly say "I have no idea and no way to find out."

      Yes, they could force me to start logging, any by traffic analysis start to figure things out. However, what I'm starting to offer is light-years ahead of what is commonplace now.

      I'm open to suggestions if you can think of anything that would increase privacy. My goal is, within a year, have servers in multiple countries (aka legal jurisdictions) to make tracking stuff a legal and logistical nightmare.

      --
      Learning HOW to think is more important than learning WHAT to think.
    8. Re:Sidestepping fascism by BenEnglishAtHome · · Score: 1

      Hmmm. Partially agreed, partially not.

      First, the not. Specifically, I'm less concerned with Venezuela knowing what I'm up to than I am with the U.S. authorities knowing. I live in the U.S., so if I say something that would attract the attention of a TLA, to the govt of Venezuela that would be merely a curiosity. Revealed in the U.S. to said TLA, such conversations might lead to an uncomfortable conference with their representatives. I work for one of those TLAs and I hold opinions that I could never publicly discuss without being pointedly informed that said beliefs were at odds with our organizational mission and perhaps employment elsewhere would better suit me. It would be nice to be able to discuss those beliefs online without fear; that was on my mind when I initially posted.

      Moving on, though, to other things, you make a good point when you lay out the criteria for an acceptable hosting location (proper Internet connection, legal strong crypto, and no data retention laws) and I believe you when you say that list is pretty short. That's a good case for locating in the U.S.

      I completely missed your idea for having anonymous customers. In that vein, I am of two minds. Mailing cash sucks and M.O.s can be traceable. Both require paper that's a pain to process for you. The various precious metal exchanges are not anonymous, so I can see why you might want to limit your payment options in this way.

      However, why not take credit cards? It's very simple to drop into any Ace Cash Express (or similar store) and pay $205 for a $200 Visa card with no name on it. You just ask for a "gift card." Those cards can be activated for online purchasing with any fake information the buyer wants to make up. If the cards are held a month or so before they're used (long enough for the video surveillance footage from the store to have been destroyed), then they're completely anonymous. You are seeking customers sophisticated enough that they should have no problems doing business this way and your workload would be substantially diminished.

      OTOH, I know there's no small amount of red tape involved in accepting credit cards.

      Perhaps a hybrid method would work well. Allow your users to send you cash via credit card. I'm talking about Western Union. Will you be accepting cash via that mechanism?

      There's really no need to answer here, though I'd be appreciative. I've bookmarked the domain you provided earlier and I'll be checking back. Assuming reasonable affordability (or maybe even not so reasonable) you've probably made a customer of me.

    9. Re:Sidestepping fascism by chill · · Score: 1

      I see your point. I do plan on running servers overseas, but have to start somewhere. Since I live in the US and am most familiar with their laws, that's where I'm starting.

      I had forgotten about the anonymous stored value cards, though I do use them myself. Accepting credit cards isn't that big of deal, it just requires up-front $$. Once I validate my model and have everything up and running with the system, I'll probably add plastic to the list.

      I have investigated eGold and Pecunix, neither of which are truely anonymous. There needs to be something equivalent to the fabled Numbered Swiss Account.

      As far as Western Union goes -- never in a million years. Their entire history is intertwined with government communications and wiretaps, from the 1800s on. Google for "Project Shamrock" and Western Union to get an idea of some of the more recent (1950s-1975) public activity.

      I need to look at PayPal closer, to see how hard it is to set up a quickie disposable account to make a one-time payment.

      Feel free to send an e-mail to "sysadmin@occulus.net" once you see it move from a parked domain over to something live and remind me of this conversation. I'd be happy to get some feedback early on.

      --
      Learning HOW to think is more important than learning WHAT to think.
  62. De-de-de.. by Shawn+is+an+Asshole · · Score: 2, Informative

    The GP was quoting from this post, which was posted anonymously.

    http://yro.slashdot.org/comments.pl?sid=182479&cid =15083841

    --
    "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
  63. MOD PARENT UP by prophet5590 · · Score: 1

    This is the most insightful thing I've read in this thread. I wish I had mod points

  64. Re:In other news... by Anonymous Coward · · Score: 0

    In conservative America, you don't delete email, email deletes you!

    Or better yet: In preemptive-striking surveillance state America, data retains *you*!

  65. Re:Wow, this really sucks. by Anonymous Coward · · Score: 5, Insightful

    Back that up with facts, Jack.

    Prove to me that every picture of little kids is exploitation. For every picture there is always some doubt as to (1) who took the picture, (2) the actual age of the person(s) in the picture, (3) when the picture was taken, and (4) whether or not there are even real people in the picture.

    Look at it this way: Assume there is a demand for underage pictures. If you wish to fill this demand, you can (1) force young kids to pose for you, (2) find somebody that LOOKS young, but is old enough so you don't get busted, or (3) use some creative ability to otherwise simulate underage pictures realistically. Which choice has the most risk? Which choice(s) can cover your ass?

    Hustler makes money selling "Barely Legal" videos of people that LOOK young, but are above the legal age to be in such pictures. This is not exploitation (unless you call ALL forms of pornography exploitation, in which case "doing it for the children" doesn't come into play) but playing on people's fantasies.

    Throwing out a statement like, "If the demand is there, then someone posts pics of little kids. Where do you think this pics come from? People sexually absuing and exploiting little kids and posting pictures of them online" is simply marching to the mantra of those that would have you nodding your head to their own agenda.

    Not every form of nudity is pornography, and it should not be treated as such. Mindlessly spewing the company line and saying "It's just for the children!" is playing into the hands of people that want to do much more sinister things with your privacy.

    So, let's assume that you're not a child pornographer. However, if the government goes on a fishing expedition looking for child pornographers and, lo and behold, finds an email about how you cheat on your income taxes, do you think the government is going to shrug over your indiscretion?

    Of course not!

    Giving the government the right to search you and your data at any time for any reason "in the name of child pornography" automatically keeps the barn door open for any and every kind of reprehensible violation of your civil rights.

    Just like saying that the government has the right to tap any phone lines it wants without a warrant is justified because terrorism is such a bad thing and we need to prevent it.

    I thought that Americans were against prior restraint!

    Without any special powers, the government successfully foiled a few plots against America before 9/11... the Millenium Plot comes immediately to mind.

    However, we didn't catch the 9/11 hijackers. SOMETHING MUST BE DONE! Monday Morning Quarterbacking shows that there were clues, but "nobody connected the dots." Why do Americans now happily give powers of prevention to the FBI, CIA, NSA, and other government agencies now? These agencies were PREVENTED from sharing data due to abuses during the 1970s (remember Watergate?).

    However, if you fight against these new government powers, the government automatically accuses you of being on the side of terrorists.

    It's the same thing with Child Pornography.

    Let them take an inch in the name of the children, and you've given up just about every basic freedom you thought you enjoyed.

    Our president uses the Constitution as a replacement for toilet paper, and you are willing to give the government EVEN MORE POWERS?

    How stupid are you?

  66. Wait, was that "old Europe" or "new Europe"? by xxxJonBoyxxx · · Score: 1
    "But it was the European Parliament's vote in December for a data retention requirement that seems to have attracted broader interest inside the United States. At a hearing last week, Rep. Ed Whitfield, a Kentucky Republican...suggested that data retention laws would be (fucking awesome). "

    Wait, was that "old Europe" or "new Europe"? (I thought the Red State Brigade held Europe in contempt. Especially France...er..."Freedom".)

    1. Re:Wait, was that "old Europe" or "new Europe"? by Anonymous Coward · · Score: 0
      ...a Kentucky Republican...
      Here, let me fix that for you:

      ...a Kentucky Republican...

      One person does not a "brigade" make, dipshit.

  67. MOD PARENT UP by BenEnglishAtHome · · Score: 2

    I realize that calmness and reason are routinely shouted down when this topic is being discussed, but the parent is so insightful it clearly deserves a 5 rating.

  68. Re:Wow, this really sucks. by NixLuver · · Score: 5, Insightful

    I know police who catch these bastards. I think we should initiate a policy of constant video surveillance of all households with children, not to mention legally mandated implantation of RFID devices in all children under the age of 18 so we can monitor their whereabouts 24/7/365. I think we should have checkpoints at every entrance/exit on the highways, and require proper paperwork to allow transport of a child through those checkpoints. I think we should make illegal all photographic record of children other than officially approved school photos. In addition, we should require prospective parents to get a license to have children, with a mandatory background check for criminal tendencies and liberalism.

    If you don't support these policies, you must believe that nothing bad ever happens to children, or you must bugger children in your basement. Which is it?

  69. Re:Wow, this really sucks. by Oblio · · Score: 1

    Ya, I have a buddy who did this until quite recently, and his prosecutions had a lot more to do with meeting said predators at the pre-existing location than it did after-the-fact evidence extraction from hard drives (not that this wasn't done either).

    Talk about a shitty job to have though... I'm glad there are people to do it, but it would creep me out.

    --
    Pax -- Ob
  70. Re: Maybe it's just me, and I'm being insensitive. by VisiX · · Score: 1

    Victims of child molestation usually don't like to talk about it.

  71. Re:Wow, this really sucks. by totalbasscase · · Score: 1

    Right on.

    --
    Fragging my father since 2004
  72. Re:Wow, this really sucks. by OzPeter · · Score: 2, Insightful

    While I agree that online predators should be punished, can you answer this simple question:

    Why are the children at risk online in an unsupervised environment?

    You wouldn't leave your kids alone with free access to guns or alcohol.
    You wouldn't leave your kids alone a room with a dangerous animal.
    You wouldn't drop your kids off in the middle of a sex trade region.

    Any of the above would get you in trouble with the law, but putting a kid online in an unsupervised environment is tantamount to putting them in a room with the predator. People need to realise this and take responsibility for their *own* actions before running off to the gov'mint to solve their problems.

    --
    I am Slashdot. Are you Slashdot as well?
  73. There Oughta Be A Law by spezz · · Score: 1

    Not a real law type law, but a "Godwin's Law" for Child Pornography. If the feds are looking to snoop around in my data for no reason besides the possibility of kiddie porn, they're lying to me. They're doing it because they think they can.

    If they were really concerned with the welfare of the children they'd do things like remove the statute of limitations on sexual abuse of children so that we can lock up criminals we know committed the crime they're sniffing my packets for.

  74. Re:Wow, this really sucks. by Oblio · · Score: 1

    Its very hard for me to swallow your thesis that any one of your listed crimes has a higher repetition than the others. I'm not saying you are wrong, but it isn't really intuitive enough to buy into without some kind of evidence.

    I did look briefly for recidivism numbers, but all I could find were claims about high recidivism in property crimes (as opposed to violent crimes). Do you have info on this kind of thing, or are you shooting from the hip?

    Somewhat unrelated, but more to topic, I don't think that data retention laws are going to do anything but make a lot of people unknowing criminals. I wonder what kind of logs exim retains for me? Perhaps I could become a criminal for not knowing.

    --
    Pax -- Ob
  75. Re:Wow, this really sucks. by Lando · · Score: 1

    Agreed, I realize that it's a tragity that some people do bad things, but forgive me, how does that give government the right to punish me?

    Amendment IV

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    --
    /* TODO: Spawn child process, interest child in technology, have child write a new sig */
  76. Re:In other news... by Anonymous Coward · · Score: 0

    Or better yet: In neocon America, email detains you!

  77. Not sure Congress is actually allowed to do this by maddogsparky · · Score: 1
    The constitution spells out pretty clearly that powers not specifically given to the federal government are reserved for the states. I'm pretty sure that there isn't anything in the US constitution about the power to compel people to not delete something. Even aside from the 5th amendment (right to not incrimate yourself), I think the founding fathers would agree that people have the right to throw away or destroy their personal correspondence (letters) if there isn't an active criminal investigation.

    I do think a retention policy would be good for tracking down pedofiles/corrupt CEOs and the like. I just don't think the federal government actually has the authority to prevent anyone from deleting email (or just being lazy and not backing it up).

    Can anyone point to something in the constitution that give the US government this power?

    --
    science is a religion
  78. similar to gun control by Bill+Dog · · Score: 1

    The real summary is at the end of the article. Criminals will just use anonymous access points and encryption. "You haven't done anything but increase surveillance of law-abiding citizens."

    --
    Attention zealots and haters: 00100 00100
  79. Re:In other news... by steveit_is · · Score: 1

    They could probably arrest you for posting information posted in the past that is now deem criminal, but I don't think they could prosecute succesfully. Those types of laws are called Post Ipso Facto, and as far as I know aren't enforcable. I know they aren't in Indiana, but IANAL.

  80. Re:Wow, this really sucks. by Lord+Kano · · Score: 1

    My hometown (pop 30,000) has caught something like 7 online preditors in the past 2 years. Without the logs as evidence, how else are they supposed to catch these scumbags?

    Don't you watch Dateline? When they show up at the sting location with alcohol and condoms meant for a 12 year old boy.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  81. Typical Politicians by Chanc_Gorkon · · Score: 1

    We have a similar issue here. Technically, since I work for a state school, this post on Slashdot can be asked for under FOIA just because the packets went over thier network. This is a extreme lack of understanding on how things on a network works. It's not so simple. The college can't keep every bit that flys into the school via the internet....it would be impossible. I post on Slashdot from work because Slashdot covers IT and sometimes I get good info (ok probably 10 percent content 90 percent junk....but I digress). Why would anyone ask for this under FOIA is beyond me, but technically they CAN ask for it! Anyone can also ask for MY address in phone number as well....in my opinion, that's crap!

    --

    Gorkman

  82. Re:Not sure Congress is actually allowed to do thi by DrFrob · · Score: 1

    Yeah, but deleting files on your computer affects interstate commerce, and therefore the federal government has the authority (no, the duty!) to regulate it. I mean, how could you sale your files to someone living in another state if they've been deleted?

  83. Wait, couple of months? by Tweekster · · Score: 1

    Who is logging my transmissions for any period of time? I wasnt aware that anything besides some connection logs were still around after the data had been sent.

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  84. Re:Wow, this really sucks. by JimBobJoe · · Score: 1

    Its very hard for me to swallow your thesis that any one of your listed crimes has a higher repetition than the others.

    This is slightly paradoxical argument, but bear with me here.

    Sexual offender recidivism is actually fairly low. (We're talking people who molest/rape children and adults.) Now keep in mind, however, sex offenses don't tend to start online...they happen to people who are already known to the offender in real life.

    But the parent was most interested in on-line sexual predators and those who download porn (for the sake of argument I'll leave out those who make child porn, as that's very unusual.)

    If an online sexual predator tries only a few times, and really doesn't succeed, then he's not exactly all that great a threat anyway. If he does succeed, then they become a sexual offender, and they leave a whole different trail of evidence, if you will.

    If an online sexual predator tries continuously, then the evidence of that will manifest and you don't need 2 year logs to figure that out (regardless if they succeed or not.) The same thing for a child porn consumer. The child porn consumer who does it only once or twice is not the threat to society that a CPC is who does it regularly. The frequent consumer's addiction will manifest without needing the extended logs.

  85. I remember once, long ago.. by BalanceOfJudgement · · Score: 5, Insightful

    An old man, once tall and proud, now tired and beaten, slumped in his chair, speaks one last time to his grandchildren. He hopes, in vain, that they will hear, and understand, and that maybe something will change.

    He knows, deep down, it never will.

    He speaks.

    "Once, we were free. We didn't really know it; we took it for granted. We assumed that people would always do the right thing, in the end. We thought that people loved freedom as much as we did, we just quibbled over the details.

    "If you ask me the day we lost our freedom, I won't be able to answer you. That's because it didn't happen on one day; we didn't lose a war, we didn't pass a Tyranny Act, we didn't plunge into economic chaos and come out of it a dictatorship. No, we lost our freedom in pieces, bit by bit, and with each piece we said, "We're doing it for our safety, and for our children's future. We're doing it for the children, we're doing it for ourselves and our posterity. We're doing it because we think it's right."

    I remember when we could buy a CD and listen to it wherever we wanted. You think I'm crazy, don't you kids? You've never even dreamt of such a thing. But it's true, and I got to live it. Oh for a few short years, I got to live it.

    "I remember when I could record my favorite TV shows on my computer and watch them over and over again. You can't do that anymore though; after the Content Rights Act of 2011, it became illegal to possess any content on your machine that you didn't pay for every time you watch it. Or if you preferred, you could accept RIAA-approved AdWare to display advertisements at predetermined intervals as you watched your recording.

    "I remember when I knew that my privacy was protected, that the government needed a reason to search my private data for wrongdoing - remember the 5th Amendment kids? You learned about that in history class right? Remember what year it was appealed? 2012, good, you've been studying.

    "I remember trusting my government and my elected officials. I remember not being afraid of everything I did, because I knew I lived in the land of the free. I remember being proud that my country upheld personal liberties above corporate power and the rule of politicians. But alas, I didn't realize I was free.

    "And so it is gone. Each time a freedom was taken away, I did nothing. I sat and accepted it, because I had my own things to worry about. I had to go to work, and clean the house, and pay the bills, and throw in some vacations. I didn't have time to consider revolt. I didn't have time to remember that our Founding Fathers revolted for far lesser grievances than have been visited upon the world these days.

    "Remember my words, kids, because it's illegal now to speak of them. You won't find them in books, or in emails, or on television or in music - those are all sanctioned now, only approved content can be delivered in them - I remember that too.. TV used to be so interesting.. until someone said "Think of the children." Even cable TV can't have cuss words now. You probably don't even know any, do you? Too bad. A good swear can really take the pressure off once in awhile.

    Only one thing will change the world, kids, and it ain't talk. Have the courage to stand up for your freedoms - your freedom of thought, your freedom of speech, your freedom of action, and your freedom to live without fear.

    Remember this:

    The worst they can do to you is take your life.

    The worst you can do to them is destroy their civilization.

    I think a few lives are worth it."

    And with that, he died.

    What happens next? It's up to you.

    --

    We are the fire that lights our world.. and we are the fire that consumes it.
    1. Re:I remember once, long ago.. by BalanceOfJudgement · · Score: 1

      Correction, 4th Amendment.

      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    2. Re:I remember once, long ago.. by Anonymous Coward · · Score: 0

      Correction, 4th Amendment.

      Both. The 5th says you don't have to incriminate yourself. It rests atop the pedestal of the 4th (which was written to protect the integrity of your documents from random fishing by the government.)

      It should be obvious that you can't chip away at one Amendment without attacking them all. When one falls, they all fall. (Oh, and by the way, will somebody please tell the ACLU that?)

    3. Re:I remember once, long ago.. by Anonymous Coward · · Score: 0

      Beautiful. But take out the thing about swear words and cable TV... I learnt all mine from school and from listening to adults, and neither of those things are likely to change. Even if swearing was made illegal people would still do it, it goes too deep into our characters.

  86. At least... by thebdj · · Score: 1

    ...they stopped using terrorism as an excuse to create this privacy and liberty restricting laws. Now we are going after the child pornographers. Something both the dems and reps can agree on I guess.

    --
    "Some days you just can't get rid of a bomb."
  87. Amendment 4 by Anonymous Coward · · Score: 0

    Amendment IV

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  88. Why should it be retained? by Presto+Vivace · · Score: 1

    Why not simply delete it from the server once the intended receipient has has opened it? What purpose is served?

  89. Re:The problem is ... by Linnen · · Score: 1

    Not to mention the fact that even owning encryption software is considered as proving you have something to hide. There was a court case recently (sorry, no link) where the fact that the defendant had a copy of PGP was taken as evidence that there was kiddie p0rn at some point on the defendant's computer.

  90. Re:Wow, this really sucks. by timon · · Score: 3, Informative

    The local police department (Keene, NH) has an officer who focuses almost exclusively on child predators. No data retention, no warrantless eavesdropping, no sneak&peek searches. He just logs into a chat room with a teenage-sounding screenname and waits. It doesn't take him that long before someone is offering to meet, send bus tickets to him, or sending pornographic materials to him. They arrange a meeting place near Keene and pick up the predator when he arrives. Simple, straightforward sting work that's netted nearly 400 arrests in the last few years. Occasionally they get search warrants for the guy's computers if he sent a large amount of porn to the cops and add that to the charges, but they have more than probable cause for that search warrant.

    It seems that certain politicians want to automate this basic police work by casting a wide net and filtering for certain phrases or activities and eliminate the pesky payroll obligations. Same thing with cameras on street corners and traffic lights - why pay some cop what an image-matching algorithm, face-recognition system, or radar gun will do for free?

    --
    Zero tolerance equals zero intelligence
  91. Encryption will not save you by TiggertheMad · · Score: 2, Insightful

    Having encryption will do nothing to save you from this sort of snooping. They can retain records for later, encrypted or not. The explicit goal of cryptography isn't to prevent people from reading your encrypted messages, its to stop them from doing it in a timely fashion. Any method of encryption short of say, a private cypher, can be eventually cracked.

    Now someone will probably make a point about a 4096 bit key to make the effort take years, but consider this: how long ago would a 64 bit key been considered sufficient?

    The solution here is to simply stomp this initiave flat before it gains traction. The government does not have a need or right to know what you are doing.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Encryption will not save you by mOdQuArK! · · Score: 1
      Any method of encryption short of say, a private cypher, can be eventually cracked.

      Now someone will probably make a point about a 4096 bit key to make the effort take years, but consider this: how long ago would a 64 bit key been considered sufficient?

      You don't really know much about encryption, do you? Most modern-day encryption techniques are based on mathematical problems which (always assuming that no genius comes up with a shortcut) have an exponential time-to-solve curve based on the size of the problem.

      Your "eventually" and "years" can easily be extended to problem sizes which would take a computer many age-of-the-universe time periods, even if you were able to use every single particle in the universe as a computing element.

      Having said that, however, if an entity with the resources of the government really wants to, there are _much_ easier ways (which have nothing to do with computation) for it to find out what you're hiding, with or without your cooperation.

    2. Re:Encryption will not save you by Lord+Ender · · Score: 1

      "Having encryption will do nothing to save you from this sort of snooping."

      That's a bold statement. It is also a wrong statement. There has never been any documented case of anyone in the history of the world breaking 1024 bit RSA.

      I don't think you quite grasp how big a number 2^4096 really is.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    3. Re:Encryption will not save you by RzUpAnmsCwrds · · Score: 1

      "Now someone will probably make a point about a 4096 bit key to make the effort take years, but consider this: how long ago would a 64 bit key been considered sufficient?"

      Public-key cyphers, such as RSA, need a significantly longer key length to provide security. While I'm sure you know this, your post attempts to equivocate key lengths for public and private key systems in order to enhance your point.

      Notably, even 64-bit ciphers can offer a significant margin of safety - it took distributed.net nearly 5 years with a vast network of systems to crack 64-bit RC5; while the NSA and related agencies certainly have significant computing resources at their disposal, tjere is a point at which attacking more than a few messages becomes infeasable.

      While I certainly agree with the premise that curent ciphers/key lengths will be broken at some point in the future, it's not necessarily as soon as you imply. 56-bit DES, considered by some to be weak in 1977 when it was standardized, was not cracked until 1997. If Rijndael provides the same margin of security, your secrets should be safe until 2018.

    4. Re:Encryption will not save you by lgw · · Score: 1

      There is no actual proof that public key cryptography is hard to decrypt, however. There's this unproven assumption that certain classes of math problems are hard to solve, but a new technique could disprove that assumption. There's some evidence that quantum computers would make it easy to break most public key crypto - though of course there's no proof yet that a quantum computer can actually be built.

      In short - public key crypto has not been proven safe if the data is retained indefinitely.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    5. Re:Encryption will not save you by Lord+Ender · · Score: 1

      I don't think any crypto can be proven safe. Your point is made, however impractical it may be.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  92. Re:Wow, this really sucks. by XMilkProject · · Score: 1

    There are dozens of better ways. It is silly, expensive, and pointless to retain all data. Why are we retaining it unless someone plans to illegally search through it?

    If your trying to block child porn, why not have the isp retain logs for people looking at child porn.... Theres no reason for them to log my visits to Amazon.com.

    --
    Big ones, small ones, some as big as yer 'ead!
    Give 'em a twist, a flick o' the wrist...
  93. not all correspondance is commerce by maddogsparky · · Score: 1
    If I write an email to my wife asking her to invite the neighbors over for dinner, how does that qualify as interstate commerce?

    One could make the argument that if I buy a loaf of bread from a local bakery, that affects interstate commerce because the bakery might buy some of its ingredients from other states. However, if that logic was followed, the federal government would potentially be able to charge a sales tax on the purchase of my bread. Since they arn't allowed to do that, I thing the same principle could be applied to personal correspondence, just like they can't listen in on phone calls without a warrent unless one of the parties is _actually_ out of the country.

    After thinking more about it, couldn't this be construed as unreasonable seizure(sp)? Essentially, they would be demanding that we hold on to something for them, even if we don't want to. One could say that if the government alreaddy exercises that much control over it, haven't they already seized it? It just happens to be locatd on your premises-you can't do anything with it that might damage _their_ data.

    --
    science is a religion
    1. Re:not all correspondance is commerce by tylernt · · Score: 1

      "If I write an email to my wife asking her to invite the neighbors over for dinner, how does that qualify as interstate commerce?"

      Oh but it is. Perhaps you haven't heard about http://en.wikipedia.org/wiki/Gonzales_v._Raich?

      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    2. Re:not all correspondance is commerce by maddogsparky · · Score: 1
      Wow.

      Thanks for the wikipedia link; it shows what is possible, even if it isn't right. If the court was truly unbiased, I don't see how it could have decided that the way it did. They essentially deleted the word "interstate" from the constitution and expanded "commerce" to mean "any type of activity one could potentially pay for"!

      This sucks. I hope as the membership of the court changes, it can start throwing out the bad (i.e. poorly argued/judged) cases.

      --
      science is a religion
    3. Re:not all correspondance is commerce by tsm_sf · · Score: 1

      Wow, talk about tortured logic. I'm wondering what the ultimate goal of this ruling was... to increase federal power or to keep law enforcement rolling in dough. It certainly wasn't an honest decision.

      --
      Literalism isn't a form of humor, it's you being irritating.
    4. Re:not all correspondance is commerce by jc42 · · Score: 2, Informative

      If I write an email to my wife asking her to invite the neighbors over for dinner, how does that qualify as interstate commerce?

      Well, you must not be very familiar with the way that the (commercial) email system works. Even if the source and destination were within the same building, your email message could easily have crossed several state (and possibly national) boundaries.

      To start with, the DNS request to locate the destination quite likely involved an access to a root- or second-level server, and it was probably in another state.

      Also, unless both ends are unix-type systems and are running their own email servers (forbidden by most ISPs in the US but still done sometimes), your email probably went to your ISP's email server, which is likely to be in another state. Then it went to your wife's ISP's email server, which is likely in yet another state (unless you have the same ISP).

      Look at the list of Received: lines in your email headers sometimes. You might be surprised where your messages are travelling. It's a lot worse than all the jokes about "I went to Chicago but my luggage went to Paris." A message from St. Louis to Chicago could easily go via a machine in Hong Kong.

      And every one of those Received: lines represents a machine that could have cached a copy of your message for later perusal by "national security" software.

      When I hit the Submit button, this message will probably go through a router in New York, though I'm in a suburb of Boston. I know this because I've traced some of the paths through my ISP (speakeasy.net). This is true even if the destination is in the Boston area, or even in the same town.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    5. Re:not all correspondance is commerce by Darby · · Score: 1

      I'm wondering what the ultimate goal of this ruling was... to increase federal power or to keep law enforcement rolling in dough.

      Why can't it be both?
      You're forgetting it's the most extreme right wing (use the power of the state against individual liberty) court in history. Two justices, including the Top Dog appointed by the most anti-freedom president ever.

      Seriously, you weren't anything near funny. You pegged the major goal of the movement. Destroy the judiciary as the last possible defender of the people.

      Impeach the entire administration and toss every single member of congress out on their treasonous ears and the court will still be there for a long fucking time.

    6. Re:not all correspondance is commerce by lgw · · Score: 1

      So you're saying we need *judicially* conservative Justices, who respect the actual text of the constitution, rather than interpret it creatively?

      We got into this bind because a very creative reading of the constitution is needed to keep Roe v Wade around. This opened the door to creatively interpret the constitution in many other painful ways. All other freedoms are being sacrified on the alter of abortion, it seems.

      But if blaming the "right wing" makes you feel better, don't let me interrupt.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    7. Re:not all correspondance is commerce by Darby · · Score: 1


      We got into this bind because a very creative reading of the constitution is needed to keep Roe v Wade around.


      Not at all. Show me where the constitution explicitly states that people have the right to force women to have a baby every time they get pregnant. It doesn't, hence there is no right to restrict a woman's right to decide for herself whether or not it's the best time for her. No creative reading necessary.

      But if blaming the "right wing" makes you feel better, don't let me interrupt.

      It doesn't make me feel better, it's a fact. This court will continue to weigh in favor of corporations and the rich against the citizens of this nation. It was bad enough before when it was slightly weighted to the right, but now that it's overwhelming, what is it that makes you think they would magically start voting against their politics?

    8. Re:not all correspondance is commerce by lgw · · Score: 1

      Show me where the constitution explicitly states that people have the right to force women to have a baby every time they get pregnant. It doesn't, hence there is no right to restrict a woman's right to decide for herself whether or not it's the best time for her. No creative reading necessary.

      Show me where it the constitution explicitly states that people may not stab one another. It doesn't, hence there is no right to restrict each man's right to decide for himself whether it's the best time to stab someone? Perhaps you do believe that - it would explain your sig.

      The SCOTUS pretty much admitted the were making it up on Roe v Wade. "Emanations and penumbras"? C'mon. They decided that a social need outweighed the need to interpret the constitution honestly. Once that precedent was set, the floodgates were open. DWI checkpoints? Social need. Seizing propoerty of suspested drug dealers and not giving it back even after the suspect was found innocent? Social need. Deciding the interstate commerce clause applies to ... everything? Sure, why not. Heck, I won't even go into the insanity that is gun control.

      The freedom to have an abortion without driving to another state is nice and all, but it's not as important as all of the other freedoms we gave up. And now whenever a Justice is proposed who wants to return to a strict reading of the constitution there's incredible resisitance but, well, Roe v Wade doesn't actually make sense.

      At least bring back the rights explicitly granted in the bill of rights. Those are pretty fundamental. If that means some people need to move to a state that better reflects their values, it's not the end of the world.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re:not all correspondance is commerce by Darby · · Score: 1


      Show me where it the constitution explicitly states that people may not stab one another. It doesn't, hence there is no right to restrict each man's right to decide for himself whether it's the best time to stab someone? Perhaps you do believe that - it would explain your sig.


      I misspoke. Replace "people" with "the government" in my original post.
      The Constitution clearly gives it the right to prevent people from stabbing each other which I fully agree with.
      Your completely irrational reading of my sig notwithstanding.
      I have a right to defend myself. Republicans have declared all out war on the constitution and the bill of rights moreso with this administration and this congress than at any other time in our nation's history by a long shot.
      Does this make it legal to murder Republicans? Obviously not. Does it make it absolutely justified? You're damn right it does. When those diseased thugs directly, willingly, and with malice aforethought rape the constitution in a transparent effort to remove all the protections my predecessors fought and died for, then I defy you to come up with any sane argument against my position.

      At least bring back the rights explicitly granted in the bill of rights. Those are pretty fundamental. If that means some people need to move to a state that better reflects their values, it's not the end of the world.

      More backwards ass nonsense. You're supporting the people who destroyed those very rights and claim that only by giving up more that they'll get them back?!? Par for the course with you Orwellian fascists.

    10. Re:not all correspondance is commerce by lgw · · Score: 1

      You're supporting the people who destroyed those very rights and claim that only by giving up more that they'll get them back?!?

      I want the constitution to be enforced as written. If you want to change it, there's a process for that. The process is *not* appointing Justices who will creatively interpret the constitution in ways you find pleasing.

      Republicans have declared all out war on the constitution and the bill of rights moreso with this administration and this congress than at any other time in our nation's history by a long shot.

      You need to read up on FDR. Did Bush appoint 9 "Assistant Justices" and delcare that only the "Assistant Justices" get a vote in the SCOTUS? Heck, you probably think corporations have unprecedented control over the government as well, having not read about why Senators are no longer appointed.

      Re your voilence-inciting sig - my politics and morality aside, since it's clear you share neither, one questions the wisdom of a group that's big on gun control initiating violence against a group that's big on gun collection.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    11. Re:not all correspondance is commerce by Darby · · Score: 1

      I want the constitution to be enforced as written.

      No you don't, otherwise you would not be supporting giving the goovernment the power to crawl up inside a person's body. It's that simple.

      You need to read up on FDR.

      You need to look around you. The level of technology combined with this administration's fascist beliefs are a far more dangerous combination. You do know we are shipping people to third world shit holes to be tortured don't you?

      Re your voilence-inciting sig - my politics and morality aside, since it's clear you share neither, one questions the wisdom of a group that's big on gun control initiating violence against a group that's big on gun collection.

      A) It's clear I have morals. It's pretty unlikely you would know what one was if it bit you on the ass if you're supporting Republicans at this point. That's a fact which you have not even attempted to present an argument against. You keep playing the same idiotic game that's worked so well for your treasonous masters: Blame "the other team". I hate both parties. The Republicans are at this point demonstrably worse in every particular.

      B) Where do you get the completely insane idea that I'm big on gun control?

      Look Sparky, you need to grow up, realise that political parties aren't like football teams. There are not two sides, issues are not black and white, and supporting the Republicans after they have demonstrated exactly what they stand for *is* an act of aggression against me, my family, integrity, morality, transparent government, and pretty much any other decent thing you'd care to name.
      The fact that the best argument you can come up with is whining about FDR demonstrates that you know how wrong you are.
      It's pretty typical that an avowed fascist like yourself would make a point of irrelevantly attacking the president who caused us to take sides against the fascists in WW2. You guys have been pissed as hell ever since because you (or those like you at the time) were huge supporters.

    12. Re:not all correspondance is commerce by lgw · · Score: 1

      otherwise you would not be supporting giving the goovernment the power to crawl up inside a person's body.

      Wait, wait, you're *against* crawling up inside a person's body? Which side of the abortion debate are you arguing again, I've lost track ...

      There are not two sides, issues are not black and white, and [Republicans are just pure evil and a threat to my side]

      Umm, yeah, OK.

      The fact that the best argument you can come up with is whining about FDR demonstrates that you know how wrong you are. It's pretty typical that an avowed fascist like yourself would make a point of irrelevantly attacking the president who caused us to take sides against the fascists in WW2.

      You just need to admit that you don't care about the constitution, because it's more important to you that society be run the Right Way. I simply have no interest in your ides about morality, society, etc - I merely want to be protected from *any* whackjob who wants to impose their ideas about such things on me. Enforcing the constitution as written would be a great way to get there from here.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    13. Re:not all correspondance is commerce by Darby · · Score: 1


      Wait, wait, you're *against* crawling up inside a person's body? Which side of the abortion debate are you arguing again, I've lost track ...


      I'm against the government doing it. Nothing to keep track of.


      There are not two sides, issues are not black and white, and [Republicans are just pure evil and a threat to my side]

      Umm, yeah, OK.


      The claims Republicans make about what they stand for are one thing. They are debatable points. The reality is that they want to institute a fundamentalist fascist theocracy and have been working tirelessly toward that for a long time.
      Fantasy and reality are two different things. It's entirely possible to support the old planks of the Republican party and be a decent human being. I support many of them myself. It isn't possible to support the ectual actions of the Republican party unless you're a theocratic fascist and therefore one who despises what the constitution says.


      You just need to admit that you don't care about the constitution, because it's more important to you that society be run the Right Way.


      No, I want people to leave me the fuck alone and quit trying to use the government to discriminate against groups of people they hate because they're too cowardly to deal with the fact that not everybody is like them.
      The less "running' of society there is the bettrer for the most part.
      I sure as hell don't want it run the "right" way where we take people away with no oversite and torture them in third world shit holes. That's been the Republican MO for the last 30 years at least. You can keep it.

      simply have no interest in your ides about morality, society, etc - I merely want to be protected from *any* whackjob who wants to impose their ideas about such things on me.

      Which is exactly what I've been saying, I want to be protected from Republicans. They are far and away the worst offenders. Those were exactly the ideas about morality and society that I've been stating.

      Enforcing the constitution as written would be a great way to get there from here.

      You keep flip flopping on this point.

  94. Re:In other news... by mtaff · · Score: 1

    It is ex post facto, and the constitutional prohibition against it has not, and will not, stop the US government from doing it, except in perhaps the most egregious cases.

  95. Re:Wow, this really sucks. by SeaFox · · Score: 1

    But really, it's a very large problem. My hometown (pop 30,000) has caught something like 7 online preditors in the past 2 years. Without the logs as evidence, how else are they supposed to catch these scumbags?

    I don't see us passing laws to have the post office open our mail and make photocopies of all the letters I write for temporary storage. I feel that my email should be subject to the same general privacy (cacheing by relays and normal email process forgiven) that my post appears to be granted.

    If the police want to catch someone, let them start investigating them and then start having the ISP grab email and monitor traffic. But only once they are suspected. My problem is with the idea everyone is being recorded all the time for no justifiable reason beforehand. "If you innocent, you have nothing to hide" reasoning my ass.

    As far as this town is concerned, I would look for reasons why so many people have been caught in Kiddie Porn recently in what is such a small city. There must be some reasoning for this anomoly.

    But then, implying everybody is a criminal is a lot easier for city managers than admitting there's a local crime problem on their watch. [smirk]

  96. How to spot a bad law easy. by RoffleTheWaffle · · Score: 1

    WAPTOC - "Won't Anyone Please Think Of the Children?"

    Laws intended to protect children in any way are rarely intended to do so, and often fail to do so once passed for obvious reasons. If you see a law designed - supposedly - to protect children in any way, take it with an additional grain of salt - it's usually a cover for something that would otherwise become controversial or be shot down immediately. This also applies to laws concerning terrorism and the so-called war on drugs.

    WAPTOC hard at work, here.

  97. So.... by XMilkProject · · Score: 3, Funny

    So when I look at child porn I should fire up one of my free encrypted SSH proxies first?

    Oh wait, the government can't force the server i'm tunneling to, outside of the US, to retain any data... I suppose we better wrap a firewall around our country and not let those damn foreigners access to our internet.

    Why don't we just all move to china instead?

    --
    Big ones, small ones, some as big as yer 'ead!
    Give 'em a twist, a flick o' the wrist...
  98. MOD PARENT WAY UP by TCM · · Score: 1

    n/t

    --
    Of course it runs NetBSD. BTC: 1NT7QvbetmANwaMzhpVL6
  99. Re:Encryption is the answer (SHHH!!!!) by NixLuver · · Score: 1

    Don't spread stuff like that around! If everyone starts encrypting their traffic, then the government will get all excited and tell people that the kiddie porn rings and the terrorists are using encrypted communication, and they'll pass a law that makes all encrypted communication using an algorithm that's not approved (*and backdoored) by the US Gov't a crime.

  100. Re:Wow, this really sucks. by TiggertheMad · · Score: 2, Insightful

    From TFA:

    At a hearing last week, Rep. Ed Whitfield, a Kentucky Republican who heads a House oversight and investigations subcommittee, suggested that data retention laws would be useful to police investigating crimes against children.

    Your point about blancing privacy rights against government protection is well stated, sir. If everyone would just wear a gps neck collar, we could track everyone's movements 24/7. Manditory fingerpinting and DNA collection would solve quite a number of crimes, and having a sizeable secret police force, you could monitor the activites of many social, religious, and political organizations. These are simple facts. The closer you watch people, the more crimes you can catch.

    However, what these dimmwits in washington don't seem to get, is that nobody would want to live in a country that was like that. People don't excactly flock to police states, begging to emigrate...

    --

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  101. Re:Not sure Congress is actually allowed to do thi by Anonymous Coward · · Score: 0
    "I do think a retention policy would be good for tracking down pedofiles/corrupt CEOs and the like."



    Exactly. DMCA violations. Past due bills and late payments. What porn sites you visited violate your local statutes. The fact you are reading up on uranium enrichment.



    Data retention is nothing more than having the option to exercise making anyone criminals when the time and place is needed for them to become so in the eyes of society. Shame on you. You'd think people like yourself would remember the J. Edgar Hoover days at the FBI when people had files on them for adultery or having a communist acquaintance.



    See, the problem with looking holier than thou is that you damn well better be holier than thou now and in the future.



    After all, if data retention was comprehensive, they'd know that copy of Titanic you bought in 2002, that they know you haven't sold online, may be due cause to issue a warrant to search your home, since the Titanic violates CDA laws, since it depicts underage teenage sex, which violates your local decency laws.



    Or that copy of 19 year olds having sex when the age of consent in your state is raised to 21.



    Why do you think it would help track down pedophiles BETTER than our current tools? It would not. You just think and hope it will.



    You think data retention will find corrupt CEOs? How? Why? In what way? It wouldn't. Not to mention, email is already part of the corporate law. What further data retention of personal networks and the like would due is it'd be used to bring undue charges, similar to how 'A bank that is perceived to be insecure will become insecure whether or not it actually was.'



    This is nothing more than about control, the ability to label someone at whim, to redefine laws and classify groups of people perverts, slackers, etc. It will be embraced by the likes of you that think they have nothing to hide. Then extended to other crimes, like copyright and DRM violations. It will be used against your friends, classmates, and family. It won't be used against you, of course, given that they already know you'll bend over and take it, except when you get in their way.

  102. Re:Wow, this really sucks. by aichpvee · · Score: 1

    Actually, it's my online crack dealing business that I don't want them to find about while they're looking for one of maybe a few hundred kiddie porn freaks in the country.

    --
    The Farewell Tour II
  103. Re:The problem is ... by micler · · Score: 0

    Just like owning a scale is evidence of marijuana use and/or sale.

  104. Re:Not sure Congress is actually allowed to do thi by maddogsparky · · Score: 1
    Whoaah! Let me get my asbestos underpants on...OK, ready to go now.

    This is sortof like the gun control debate. If you look at it with a fair eye, both sides have some good points and people still don't agree on where to draw the line. When looking at privacy issues, there are obviously good and bad things with more or less privacy. Yes, I know J. Edgar did some stuff I wouldn't want done to me, and I think piracy is blown out of proportion (Get real! Look at the origin of the word and compare the harm done with the original meaning compared to the new meaning). But just remember that if someone had been able to look at Zacharias Mousoui's labtop, 9/11 arguably could have been prevented.

    I don't consider myself a privacy nut or a big-brother wannabe. I do think most of congress is clueless and generally makes laws reacting out of some sort of personal fear or to please a subset of their constituents/contributors. This is largely why I point out that it should be a moot point--I don't think congress actually has been granted the constitutional power to compel others to have a data retention policy. In my state (Minnesota), some pretty dumb laws get passed from time to time, but there is a better chance of getting things straightened out before they become the de-facto status quo in a state legislature than at the federal level.

    --
    science is a religion
  105. Re:Not sure Congress is actually allowed to do thi by TheGavster · · Score: 2, Insightful

    If you're going to hijack an airliner and kill thousands of people with it, I don't think that the obstruction of justice charge over burning your hard drive is really going be the biggest of your fears. The thing you have to remember about any of these sorts of controls is that the people you're trying to catch are *already committing criminal acts*. If someone is committing a real crime (that is, doing something that actually directly hurts someone), being charged for a victimless crime is really not that big a deal.

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
  106. Thats the problem! by Anonymous Coward · · Score: 0

    once its deleted, its not gone. under such data keeping laws, even if you delet something on the internet, the hosting companes are still required to keep that data around and archived for government use. Which is a problem for privacy and security, while at the same time being a bit problematic for companes, as they have to pay the bills. all in all, such laws only benifit governments that want to spy on its people, like china, and do nothing for people/companes.

  107. HURRY HURRY! by Yez70 · · Score: 2, Insightful

    Let's come up with another law no individual is going to want to follow if they don't want to. Drug Laws - if someone wants to do drugs, they do them - period. Wasted enforcement. Seat Belt laws - if someone doesn't wear their seatbelt - they don't. Wasted enforcement. Prostitution laws - if someone wants a hooker, they get one. Wasted enforcement. Remember the sodomy laws, it was illegal to be gay?! Now the government wants to come out with 'Privacy Laws' - if someone wants to be private, they will. Not only wasted enforcement, but yet another cut into personal freedoms, just like the above laws. Imagine how much better the country would be if we took the 'drug war' money and used it for education and free substance abuse treatment? Have you ever tried to find an open bed in a rehab? It's not possible for less than $6 grand a month! The affordable and state sponsored beds are usually a 3-6 week wait, if not more. Picture the amount of taxes they could generate off taxing pot - an easy extra 250-500 BILLION a year. ($2+ a joint tax x 1 per day times 365 days x 20 million users). Tax prostitutes and make another 200 billion or more... Bye Bye deficit. This is a FREE country (except you pay taxes lol), as long as you do not harm another person PERSONALLY, then you should be free to do as you please. Our congress, an uneducated public and 'fear' have led to the slow and increasingly often removal of freedoms one after another - all 'to protect us' ?? Why are we still continuing to let this happen?

  108. Re:Not sure Congress is actually allowed to do thi by utlemming · · Score: 1

    Most of the laws that Congress passes fall under the "Nessasary and Proper Clause" and the Commerce clause.

    The nessasary and proper clause reads: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." This has some wide interpetation with conservaitve (NOT republicans) reading it mean that it only applies to the execution of the enumerated powers of the constituons, wiht liberals (NOT Democrats) meaning that they can make any law needs to be made. It has been interpeted by the courts to mean that Congress can make all sorts of laws following the liberal definition.

    The Commerce Clause reads: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." What it means is that Congress can pass laws governing interstate commerce. Under Chief Reinquest, it the commerce clause is interpetted to mean that Congress can regulate interstate commerce, anything which affects interstate commerce and the methods of that commerce. It has been interpeted that when anything exchange of money, goods or services crosses statelines then it becomes interstate commerce. This is why Congress put the moritoruim on internet taxes, and why criminals that commit a crime(s) in two states are subject to federal juristion.

    This law would fit very well under the Commerce Clause. Since internet service has to cross state and in many cases statelines, then it is clearly under the purvue of Congress. States can pass laws regarding servers in that state, but cannot require data to be retained by a company doing business in another state. But this whole issue actually gets more neabulus because an action done over the internet can actually be in two locations at once.

    Anyway, I hope that sheds some light on the subject. MOST laws are either under the Nessasary and Proper or Commerce clause.

    --
    The views expressed are mine own and do not express the views of my employer.
  109. For the love of God, MOD PARENT UP NOW by Bananas · · Score: 1

    It is very unsettling to know that someone else has had the same vision of their future life in their golden years. I said something similar to this not too long ago. My only comfort is in knowing that I am not alone. That, in itself, is not much to comfort me when I read the words of the parent poster. This is just par for the course; I expect that it will pass as law soon.

  110. Re:Wow, this really sucks. by no+reason+to+be+here · · Score: 2, Insightful

    actually, the requiring people to get licensed before they have kids part of all that sounds like a pretty good idea. There're a lot of stupid people having a lot of stupid kids out there. The kind of stupid people that would allow all of the rest of that to pass.

  111. Manditory fingerpinting by OzPeter · · Score: 1

    Lets see .. I was just at an INS office the other day getting my manditory fingerprints of all prints on both hands as part of moving to the US. And that was along with a full description of me as well as a photo.

    nobody would want to live in a country that was like that

    You should check out the requirements for legal immigration to the US .. they are really fun :-)

    --
    I am Slashdot. Are you Slashdot as well?
  112. Re:Wow, this really sucks. by TrappedByMyself · · Score: 1

    Look at it this way: Assume there is a demand for underage pictures. If you wish to fill this demand, you can (1) force young kids to pose for you, (2) find somebody that LOOKS young, but is old enough so you don't get busted, or (3) use some creative ability to otherwise simulate underage pictures realistically. Which choice has the most risk? Which choice(s) can cover your ass?

    When I say kiddie porn, I mean the freaks looking at naked pre-teens, not high school or college age women. Pretty hard to confuse a your average 10 year old with an 18 year old

    rest of your rant...
    If you follow the thread, I was replying to someone who was suggesting not going after pedophiles at all. My point is that it is ridiculous to give total freedom to people who will abuse it. If that's the case, them remove the organized army and police force. Just don't come crying to me when your family members are raped and murdered by roving gangs (see Congo). You always need *some* controls in place.

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  113. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    Yup, that's exactly why no new Pornography is created.

    Everyone just passes around the same 60's era Playboy magazines and those satisfy everyone. There's no demand for new porn, so none is ever created.

    idiot...

  114. Re:Wow, this really sucks. by TrappedByMyself · · Score: 1

    1. Kiddie-porn can be manufactured without children and it is legal to do it. The SCOTUS ruled that virtual kiddie porn is legal. http://www.freedomforum.org/templates/document.asp ?documentID=16075
    2. Images are non-rivalarous - you can make as many copies as you want. Thus if a kiddie-porn-pervert is, on average, satisified with 1000 photos and videos, then all it takes is the SAME 1000 photos and videos to satisfy 1 or 1,000,000 kiddie-porn-perverts. No new demand is created.


    Nice, but your points do nothing to disprove mine.
    1) ok, virtual porn. Well, we have virtual kiddie porn and it is legal. Guess what? The real kiddie porn is still being manufactured.
    2) That is a ridiculous example. You know that the internet thrives on new content. Just look at the outcry here when a dupe article is posted. A lifelong pedophile won't be happy with the same thousand pictures, and you know it.

    You misspelled fascist.

    Tell me, please, where is the breaking point? What is the happy medium? Are the laws from pre 9/11 good enough for you, even though they really don't address anything in the virtual world?
    Realize that in the US, you need a photo driver's license to drive, and that the license is used for a ton of things. If we did not previously have that until now, would you be screaming about it, or would you like it? Do you want photo ids abolished? If so, then how far back do we go? How many laws do we undo?
    Note that my arguments here are not to support the data retention law of the main article. My point is about pedophilia, and that another poster suggested that the problem be ignored. My point is that you cannot have lawlessness, that some things are important enough to go after. Do be lazy and toss out "facism" everytime someone makes a point that some laws are necessary.

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  115. sex with a 2 year old then? by way2trivial · · Score: 1

    what exactly would you like to see happen penetrationwise that isn't potentially harmful?

    do you WANT a john holmesian penis penetrating a 6 week old vagina?

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:sex with a 2 year old then? by Darby · · Score: 1


      what exactly would you like to see happen penetrationwise that isn't potentially harmful?

      do you WANT a john holmesian penis penetrating a 6 week old vagina?


      Bravo! Way to be an extremist delusional asshat!!

      Show me a six week old girl who can rationally discuss sex, its physical and emotional effects on her and willingly offer her consent and you will have demonstrated that you have a basic understanding of the issue. As you can't, you don't. As much as you want it to be true, every problem is not simple enough to be solved by kindergarten thinking.

  116. Re:The problem is ... by Yartrebo · · Score: 1

    I don't think you get it. Uttering the words 'kiddie porn' grants an automatic victory to the prosecution. After all, pictures of naked kids is such a horrible crime that a few innocents and political activists (and a fat chunk of our Constitution) are a small price to pay.

    In case no one got it, I was being sarcastic. Pictures in and of themselves are just pictures. Child abuse is what should be cracked down on, which will include some child pornographers but primarily otherwise upstanding parents, professors, and guardians with very painful and abusive child rearing habits.

  117. At what point? by RexRhino · · Score: 1

    At what point do we admit that we live in a police state?

  118. Re:Wow, this really sucks. by x2A · · Score: 1

    "People searching for pics of little kids creates a demand for pics of little kids"

    Pedo's mess with kids whether there is 'demand' for them to share the pics over the internet or not. I think it should be illegal to do stuff that's wrong, mear looking at stuff that's wrong is a very difficult subject... where do you draw the line? I came across a clip of things going wrong and someone getting a kickin (I didn't know what i was gonna see, and I dunno why the clip was uploaded to this particular clip site, but leaving that aside)... as far as I know, having that clip on your hdd isn't considered illegal. It's hardly normal to want to collect those kinda clips, so should it be illegal? Does it create demand for people being beat up? What about video's of people speeding causing crashes?

    Where's the line, and why?

    --
    The revolution will not be televised... but it will have a page on Wikipedia
  119. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    That's the same kind of thinking that led the US to declare the War on Drugs. Go after demand and pretty soon supply drops. Of course, we've seen how well it's worked so far in lowering demand for drugs. I expect we'll have about the same amount of sucess with this endeavor.

  120. Re:Wow, this really sucks. by Kojiro+Ganryu+Sasaki · · Score: 1

    It sounds to me like you should go after child molesters rather than pedophiles. Or are you going to arrest people purely based on sexual orientation?

  121. Re:In other news... by riker1384 · · Score: 0

    No, the first one was much better than yours.

  122. Re:Wow, this really sucks. by NoMaster · · Score: 1
    For every picture there is always some doubt as to ... (2) the actual age of the person(s) in the picture, ...
    Which is why I only whack off to midget porn...

    Seriously, let's examine what the article really says. "People with a vested interest in control support a law strengthening their control". That's it; that's all it says. Despite the use of emotive words like "upswell" (which BTW only appears in the /. article!) to imply widespread public support, and hot-button topics like "child pornography" (which makes up nearly 100% of the justification in the original news article) in an attempt to actually grab real widespread support, it really just boils down to that.

    Or, to phrase it in a more sinister fashion : "let's make laws with a wide scope and potential for abuse, and justify them by focussing on a narrow scope that all right-thinking people agree with". Laws so wide that, from the point of view of their application, there's no difference between a child-molester and someone who doesn't agree with the government line...

    Future headline : "Protest Group Arrested Under Kiddie-Porn Laws"? Not so far-fetched; just read some of the headlines in newspapers today and compare them to the actual article text. Technically accurate, emotionally manipulative, but factually deceptive...

    --
    What part of "a well regulated militia" do you not understand?
  123. Re:Wow, this really sucks. by iminplaya · · Score: 1

    Tell me, please, where is the breaking point? What is the happy medium?

    You brought it up. You tell us. Who amongst us uncivilized masses is going to decide? If we're so uncivilized, then what right do we have to a representative democracy? Who will appoint the civilized dictator to put us on the "one and only" path to righteousness?

    --
    What?
  124. Re:Wow, this really sucks. by scaryjohn · · Score: 1
    Why are the children at risk online in an unsupervised environment?
    You wouldn't leave your kids alone with free access to guns or alcohol.
    You wouldn't leave your kids alone a room with a dangerous animal.
    You wouldn't drop your kids off in the middle of a sex trade region.

    But I thought the Internet was supposed to be safe as a mall! Or a city park!

    Oh.

    --
    One might ask the same about birds. What ARE birds? We just don't know.
  125. it already happened by tallbloke · · Score: 1
  126. Re:Wow, this really sucks. by soft_guy · · Score: 1

    Images are non-rivalarous - you can make as many copies as you want. Thus if a kiddie-porn-pervert is, on average, satisified with 1000 photos and videos, then all it takes is the SAME 1000 photos and videos to satisfy 1 or 1,000,000 kiddie-porn-perverts. No new demand is created.

    If this were true, then wouldn't it also be the case that there would eventually be no demand for new movies of any kind? Or rock bands, etc? If a young kid today just wanted to listen to music from the 60s and 70s and watch movies from the same era, would they not be able to listen to just as many movies/music as if they were listening to new music/movies?

    I could start a newspaper that is just a reprint of a newspaper from 50 years ago. So, April 14th 2006, you get the paper from April 14th 1956. It could be like a vintage newspaper.

    The reality is that (I think) people want recent media whether it is movies, music, pr0n, whatever. I don't see anything obvious that would make kiddie pr0n different in this regard.

    --
    Avoid Missing Ball for High Score
  127. Re: Maybe it's just me, and I'm being insensitive. by houghi · · Score: 1

    For all we know, there could simply be a pool of say, 1000, images that are simply being recycled via digital copying over and over. No one has any hard data on this. We know nothing, yet laws are being drafted, essentially on the basis of rhetoric.

    From http://www.protectkids.com/dangers/stats.htm#child porn
    140,000 child pornography images were posted to the Internet according to researchers who monitored the Internet over six weeks. Twenty children were estimated to have been abused for the first time and more than 1,000 images of each child created

    Another interesting site with some statistics:
    http://internet-filter-review.toptenreviews.com/in ternet-pornography-statistics.html

    --
    Don't fight for your country, if your country does not fight for you.
  128. Re:Wow, this really sucks. by Hogwash+McFly · · Score: 1

    Your ideas are intriguing to me and I wish to subscribe to your newsletter.

    --
    Mother, do you think they'll like this sig?
  129. Re:Wow, this really sucks. by soft_guy · · Score: 1

    You wouldn't leave your kids alone with free access to guns or alcohol.

    My parents owned guns and had a liquor cabinet when I was a kid and I was a latch key kid. (I also never touched the gun or the alcohol.)

    I don't leave my children alone very often, but we have left her for brief periods when we had to attend a parent teacher conference, when my wife and I wanted to go for a walk, and when I had to take my wife to the emergency room and my daughter was on her way home from school (she let herself in - she is 10). When doing that, we had some wine and beer in the house. And we weren't worried about it either. (And our daughter didn't touch the booze.)

    --
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  130. Re:Wow, this really sucks. by soft_guy · · Score: 1

    Maybe I'm more worried about a police state than about crime.

    --
    Avoid Missing Ball for High Score
  131. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0
    My hometown (pop 30,000) has caught something like 7 online preditors in the past 2 years. Without the logs as evidence, how else are they supposed to catch these scumbags?

    Which scumbags? The parents and priests and little league coaches that coerce 10 year olds into sex by abusing their position of authority over the child? Or the older guy trying to use online chat to convince some high school senior into having sex with him? The way I see it, neither is good but the former is in a whole different class than the latter.

    In fact, if some teenage girl is really chatting online arranging to have sex with strangers then the older men who are agreeing to it are the least of the problem. If society is to intervene in that situation it should be to try to talk some sense into the girl. Actually society should try to talk some sense into the guy too because getting involved with a teenage girl who is so messed up that she is soliciting strangers online for sex is a Really Bad Idea.

    What "online predators" boils down to is people being colossally stupid. On the other hand, parents and priests and little league coaches who have sex with ten year old children are evil.

  132. Re:Wow, this really sucks. by soft_guy · · Score: 1

    Theres no reason for them to log my visits to Amazon.com.

    The administration wants to know what books you might be reading. They might be subversive. Maybe you bought a book on how to use solar power, so they need to put you in jail.

    --
    Avoid Missing Ball for High Score
  133. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    The thing that finally stopped people from using drugs was more law enforcement. Thank god we finally solved that problem. I suggest we apply that same fail safe concept to this problem also.

  134. Re:Wow, this really sucks. by Beryllium+Sphere(tm) · · Score: 1

    >Either you're so distant from reality that you think people don't really do evil things and it's all just "Big Brother"'s fault, or you just don't want the police to find your underage porn collection.

    I think most of us realize that people do really evil things.

    A few of us also realize that the police are people.

  135. Re:Not sure Congress is actually allowed to do thi by TheCarp · · Score: 2, Insightful

    I will note that recently the supreme court invoked the commerce clause to strike down a federal law as unconstitional for the first time in like 40 years just recently.

    They have shown a willingess to pretty much say that ANYTHING you do could have an effect on interstate commerce.

    Sadly this means that the limitation of powers is essentially null and void and the only way to strike these down is to find that they are contrary to something else.... because the commerce clause has now been interpreted to mean the gov can pretty much do anything... and the 9th ammendment aparently has little to no meaning either.

    -Steve

    --
    "I opened my eyes, and everything went dark again"
  136. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    This post trumps all others for pure idiocy.

    Ah, unintended self-referential humor. Thank you.

  137. Re:In other news... by RomulusNR · · Score: 1

    In Soviet Russia, email reads you.

    --
    Terrorists can attack freedom, but only Congress can destroy it.
  138. Re:Wow, this really sucks. by Jah-Wren+Ryel · · Score: 2, Insightful

    My point is about pedophilia, and that another poster suggested that the problem be ignored.

    NOBODY has said that the problem be ignored. What I have said is that we do not need to criminalize behaviours that are not directly harmful. The act of making child porn is where the harm occurs so that is where the crime should be defined.

    1) ok, virtual porn. Well, we have virtual kiddie porn and it is legal. Guess what? The real kiddie porn is still being manufactured.

    Is it? Got proof? Compare the rates of creation before and after digital manipulation became easy enough to make the fake stuff. You wave your hands an AWFUL lot when it comes to supporting your beliefs.

    2) That is a ridiculous example. You know that the internet thrives on new content. Just look at the outcry here when a dupe article is posted. A lifelong pedophile won't be happy with the same thousand pictures, and you know it.

    "The Internet" is NOT the same thing as online market for kiddie porn. Again you are waving your hands and making all kinds of specious conclusions.

    When you start advocating for the criminilization of what amounts to a thought crime, you really, really need to have your ducks in a row. Especially since these laws are really the first widespread thought crimes in the history of the USA.

    --
    When information is power, privacy is freedom.
  139. Re:Wow, this really sucks. by Jah-Wren+Ryel · · Score: 1

    The reality is that (I think) people want recent media whether it is movies, music, pr0n, whatever. I don't see anything obvious that would make kiddie pr0n different in this regard.

    A major difference is that movies, music, regular pr0n, books, etc are all heavily marketed. In fact, a vast majority of such content is pure marketing and cross-promotion. Without the incessent beating-into-the-subconscious of marketing, there would be much less demand (this I hold to be self-evident, it would not be cost-effective to pay for the amount of marketing we have today if it wasn't necessary to maintain the level of new sales).

    --
    When information is power, privacy is freedom.
  140. Do you have kids? by moultano · · Score: 1

    And do you intend on never leaving your house?

    Watching the kid's every move might be practical when they are 8, but 13? Not even the best parent is going to have their kid under their supervision at all times, and moreover, I don't think they should.

  141. Re: Maybe it's just me, and I'm being insensitive. by Anonymous Coward · · Score: 0

    The last link is hardly interesting.

  142. Re:Wow, this really sucks. by suv4x4 · · Score: 1

    "If you just talking about the freaks who wack off to pics of little girls, then think of this: People searching for pics of little kids creates a demand for pics of little kids. If the demand is there, then someone posts pics of little kids. Where do you think this pics come from? People sexually absuing and exploiting little kids and posting pictures of them online."

    That's so deeply insightfull. So all we have to do to stop crime, is to lock in jail anyone who ever used money.

  143. Re:In other news... by HTTP+Error+403+403.9 · · Score: 1
    In Soviet Russia, email reads you.

    In Soviet Russia, stale jokes post you.

    --
    I'm not a Troll, it's reverse psychology.
  144. Re:In other news... by nevernamed · · Score: 0

    yes I agree. The Bush Administration is turning our democratic nation into a Police State. I think that this is absolutely abhorrent and that the government is just trying to take away more and more of our rights.

    please see my paper about the USA PATRIOT Act here

  145. Re:Wow, this really sucks. by Igmuth · · Score: 1
    People don't excactly flock to police states, begging to emigrate...


    Ahh.. So, given the current political debate on immigration, this just might be what they intend.
  146. If the gov can get it, the mob can too by cpu_fusion · · Score: 1

    Anything that is stored and retained for the "possibility" that the government may need it, can and will be exploited by organized crime, ie. the mob.

    Forcing ISPs to archive all this data would be, in essense, a huge boon for every would-be extortionist who can either hack or bribe their way to the data.

    Now I'm making a distinction between organized crime syndicates and the actual government, which might seem unnecessary, but I'll point that out to be fair.

  147. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    You don't bust them without the logs. You get a warrant and THEN start logging their activity and bust them.

  148. Re:Wow, this really sucks. by Darby · · Score: 1

    When I say kiddie porn, I mean the freaks looking at naked pre-teens, not high school or college age women.

    In the extremely specific context of the exact statement that you made right here, right then.

    When you back it up in law you have allowed it to be redefined as anything from a newborn to a granny so old all her pussy hair fell out.
    That is the reality and it happens *every* time. Don't pretend that isn't the way the world works. Grow a pair and face reality.

    The vast majority of kiddy raping is done by the family. Don't make up nonsense bullshit to justify wiping your ass with the constitution because you are too cowardly to deal with freedom in a productive manner.

    You always need *some* controls in place.

    Which was the fundamental basis of this country. You are arguing against exactly that. Pedophiles are statistically a non existant problem. Cowards desperate to rape the constitution in the name of "saving the children" are legion.

  149. Re:Wow, this really sucks. by Darby · · Score: 1


    However, what these dimmwits in washington don't seem to get, is that nobody would want to live in a country that was like that. People don't excactly flock to police states, begging to emigrate...
    --


    Ummmm.... The dimwits you mention were *elected*. There are a lot of people who want to live in exactly that sort of society....well, as long as their "morals" are the ones being enforced. That's the entire point of the constitution; to say to those asshats who elect the dimwits: No. Fuck off you cowardly bitches!
    But the cowardly bitches are legion and even working on amending the constitution to let their hatred rule.

    I think your heart's in the right place, but you are light years away from reality.

  150. Re:Wow, this really sucks. by Darby · · Score: 1

    I think we should initiate a policy of constant video surveillance of all households with children, not to mention legally mandated implantation of RFID devices in all children under the age of 18 so we can monitor their whereabouts 24/7/365.

    I know your sort, you god damned leap year kiddy fiddler!!!.

  151. Re:In other news... by Anonymous Coward · · Score: 0

    If children are the concern,
    I don't see police rounding up juveniles and under-agers out on the streets after 1AM
    I don't see police arresting a minor who lights up a cigarette - or seen packing them.
    Arresting minor in places they should not be.
    Decent treatment for wards of the state.

    Clearly, it has nothing to do with human decency.

    But lets not get upset about the homeless, Katrina victins, or those who die for lack of health insurance.

    Instead, some crackpot scheme to track emails. Really, congresscritters should be made to wear recorders 24/7, because they seen to have a nasty habit of not being able to recall things during investigations.

    These is no groundswell for this, or is this a late initiative given unauthorised domestic tapping has been extrajudicially greenlighted.

  152. Re: Maybe it's just me, and I'm being insensitive. by 2008 · · Score: 1

    The last link is hardly interesting.

    Are you kidding?!

    From the link:

    Women, far more than men, are likely to act out their behaviors in real life, such as having multiple partners, casual sex, or affairs.

    Women favor chat rooms 2X more than men.


    I'm going to a chat room, now.

    --
    I quit!
  153. Re:Wow, this really sucks. by ElBeano · · Score: 1

    Actually, you should be the one setting the breaking point, because you are the one flinging the hyperbolic label, the ad hominen attack. I would guess you have spent zero time with the people who have been harmed by kiddie porn... the parents, the children and the pedos too. When you do, then try climbing back into your position and see how it feels. No enforcement and no attempt at protection is going to be perfect. Mix with the victims a bit and see if you think that due to all the imperfections we should simply not try. You might disagree with the poster, but you have not come up with anything better.

  154. Re:In other news... by wwphx · · Score: 1

    One of the first things that George Bush did when he entered the White House was to lock down the automatic release of presidential papers. Guess whose papers were coming up to be released? Reagan/Bush, followed by Bush/Quayle. Which means that (currently) his papers are also locked, at least until the next Democratic president takes over and reverses his decree.

    So how much do people want to bet that all the Bush/Cheney White House data is intact and that the current administration is obeying its own rules? It will be very interesting to see that. Ollie North was hoist by his own petard because of email, as have several other politicos. Unless, of course, some future president comes along and gives Bush/Cheney blanket pardons.

    I wonder if the current administration might be looking at bringing in a l337 hax0r d00d to do a number on their email system and launch a worm to delete certain messages....

    --
    When you sympathize with stupidity, you start thinking like an idiot.
  155. Re:Wow, this really sucks. by ArtStone · · Score: 1

    So you're saying you don't support a woman's right to choose to have children?

    --
    Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
  156. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    Pure freedom is nice and all in theory, but when people are still too uncivilized to handle it, then it's unrealistic.

    Freedom as an organizing principle of society doesn't mean people aren't held accountable for their actions. Just the opposite is true.

    So, now if we want to live in a free society we are all supporting pedophiles? What is the terrorist argument not working for you anymore, George? "War on Drugs" didn't work either? What's next "War on child rapists", who could possibly be supportive of child rapists. Oh and by the way we will need to monitor all your communications take a DNA sample and anal probe you every once in a while just in case you are a child rapist. But if you are not a child rapist then don't worry because nothing bad will happen to you... except the anal probing, but hey you might enjoy it.

    A society which allows people to exercise their freedom to the greatest extent possible until their choices comes into direct conflict with another person's freedom is the best form of society not because of any esoteric theory. Freedom is the natural state of a human being. Doesn't mean we can rape and pillage as we please, that wouldn't be freedom for the victims would it?

    Controling violence in a society is never naturally in conflict with Freedom, anyone that says otherwise is up to something no good.

  157. Funny? USA Requires Licenses for ISPs by lpq · · Score: 1

    Hmmm....

    People marking post about the USA banning email servers, "funny", reminds me of how dogs wag their tail when they are nervous of a bigger dog taking their bone. ;-/

    Slight problem -- how do you tell who is an ISP? If I put up a comments section, I guess that makes me a "Service Provider?"

    Rhetorical question: How does one tell who is responsible for retaining what logs? Answer: by requiring anyone who wants to provided services to register, post a "secure website" bond to AOL, or AT&T to ensure compliance? Uh...and how are P2P apps going to work in this scenario?

    Yeah, I can see this working...as soon as they shut down public access to the internet and end-serfs find themselves on something as connected as USENET for P2P with only "licensed web service providers" able to provide "live" content.

    Maybe the "FCC" will start issuing ISP licenses and begin monitoring "decency". Finally, media will be safe for children again...*cough*.

    Oi vey!
    -l

  158. Re:Wow, this really sucks. by iminplaya · · Score: 1

    Actually, you should be the one setting the breaking point...

    I have. But it's my breaking point. I have no right enforce it upon anybody else. And nobody has a right to force theirs upon me.

    ...because you are the one flinging the hyperbolic label, the ad hominen attack.

    I have?? Where?? How far back did you go in the thread?

    Mix with the victims a bit and see if you think that due to all the imperfections we should simply not try. emphasis mine

    I said that?? Where? Where did I say that we shouldn't try? Does the maintenance or extension of freedom mean "not trying"?

    You might disagree with the poster, but you have not come up with anything better.

    And you have?... Besides, better for you is not always better for all.

    Maybe you should make a feeble attempt to understand that things like kiddie porn and bestiality, etc. arise from sexual repression. It is a result of the attempt by the authorities to enforce abstinence. You want something better? Try more sexual liberation instead of repression. When people are allowed to have normal sexual relations, the depravity will be greatly reduced. The boilerplate solutions being proposed will accomplish nothing. As history as proven. As a matter of fact, it has made the situation what it is today. And after all this, you haven't answered the question, who will rule over the uncivilized (note the last sentence) masses? Since you complained about my lack of one, what's your solution? Are you one of those who simply believe that more prisons will make the problem go away?

    --
    What?
  159. Re:In other news... by RomulusNR · · Score: 1

    In Soviet Russia, your comeback still sucks.

    --
    Terrorists can attack freedom, but only Congress can destroy it.
  160. Re:Wow, this really sucks. by Quintios · · Score: 1

    ROFL... dangit

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    Anonymous Cowards are at -6...
  161. Am I the only one who sees it, or... by Anonymous Coward · · Score: 0

    Am I the only one who sees it, or are they using a hard to turn down excuse like stopping child pornography so that they can get laws to pass which normally wouldn't much more easily.

    Also, is it just me, or hasn't China just been noted in the news for a similar thing to do with e-mails? Yeah, while we're at it, why don't we just go ahead and switch to communism where the government controls our lives.

  162. Re:Wow, this really sucks. by Anonymous Coward · · Score: 0

    No, what he is saying is that he doesn't support a STUPID woman's right to choose to have children.

  163. Another suggestion by Kodiak+Claw · · Score: 1

    Lets put video cameras in peoples homes that will record everything that happens. It's really okay that we do this, because we won't look at the tapes without a warrent.

    It helps to look at how we can use these same methods outside the electronic world after all.

  164. Encryption by TiggertheMad · · Score: 1

    You don't really know much about encryption, do you?

    Yes, I know plenty about encryption. But you will probably go on to explain it to me, since you are so brilliant. Most modern-day encryption techniques are based on mathematical problems which (always assuming that no genius comes up with a shortcut) have an exponential time-to-solve curve based on the size of the problem. Oh hey, there is is. No kidding? Mathematical problems? Like, numbers and stuff?

    So this, 'exponatinunshiun time to solve' curvy thingy, would that be your attempt to say that this class of problems can be computed in P time?

    Asshat.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Encryption by mOdQuArK! · · Score: 1

      Given the incredibly ignorant-sounding statement you made in your original post, it was hard to assume anything other than that you didn't know much about encryption. I was trying to write assuming that you didn't. Apologies if you were trying to say something other than what you wrote.

  165. ZING! by TiggertheMad · · Score: 1

    I think your heart's in the right place, but you are light years away from reality.

    ...and this from a person who has a sig advocting murdering Republicans. Wow...

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  166. Re:In other news... by HTTP+Error+403+403.9 · · Score: 1
    In Soviet Russia, your comeback still sucks.
    In Soviet Russia, mod points have me.
    --
    I'm not a Troll, it's reverse psychology.