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FBI Renews Push for ISP Data Retention Laws

mytrip brings us a news.com story about the FBI's efforts to make records of users' activities available to law enforcement for a much longer time. Several members of Congress also lent their support to the idea that such data retention should be mandatory for a period of up to 2 years. Quoting: "Based on the statements at Wednesday's hearing and previous calls for new laws in this area, the scope of a mandatory data retention law remains fuzzy. It could mean forcing companies to store data for two years about what Internet addresses are assigned to which customers (Comcast said in 2006 that it would be retaining those records for six months). Or it could be far more intrusive. It could mean keeping track of e-mail and instant messaging correspondents and what Web pages users visit. Some Democratic politicians have called for data retention laws to extend to domain name registries and Web hosting companies and even social networking sites."

179 comments

  1. That means phone calls too, right? by badboy_tw2002 · · Score: 4, Interesting

    Particularly the phone calls of our congressmen and presidents to lobbyists and such, top secret or not. As long as that provision is on the bill I'm fine with it because you know it will never ever ever get passed.

    1. Re:That means phone calls too, right? by DogDude · · Score: 2, Insightful

      Oh please. Are you serious? The President routinely ignores laws that apply to him already, via "signing statements". You really think that our Congressmen wouldn't include a loophole that their communications couldn't be archived? C'mon.

      --
      I don't respond to AC's.
    2. Re:That means phone calls too, right? by doctorfaustus · · Score: 2, Insightful

      There you go... Maybe we can defeat this new initiative by showing politicians that their own emails would be retained as well... As the parent implies, politicians hate transparency above all else. In Missouri, for example, Governor Blunt decided the open records act didn't apply to his office's email. Too bad for citizens trying to keep their eye on things.... One wonders what we'll find if those emails are ever able to be reconstructed. (Yeah, they were deleted too....) Now maybe if the ISP had been forced to retain them?

    3. Re:That means phone calls too, right? by AlHunt · · Score: 2, Funny

      >Particularly the phone calls of our congressmen and presidents to lobbyists and such, top secret or not.

      yeah, yeah. They can bite my ass. Stick that up your datapipe and retain it for a while, uncle sam.

      --
      1 in 4 Maine children in struggle with hunger.
    4. Re:That means phone calls too, right? by Duradin · · Score: 4, Insightful

      Politicians make the laws so they don't have to be subject to them.

      It would be madness to expect them to be subject to the same laws that we, the masses, are.

      We drink and drive and we get a ticket, jail time and sky high insurance rates.

      They drink and drive and the cops give them a ride home.

      We kill someone and it is jail time.

      They kill someone and they get re-elected.

      Social order would be destroyed if there weren't paragons of non-virtue standing tall upon the backs of the masses.

    5. Re:That means phone calls too, right? by Anonymous Coward · · Score: 0

      Look at it this way: if this were a law, there wouldn't be a problem with the "missing" whitehouse email, since the ISP would have a copy.

    6. Re:That means phone calls too, right? by jamstar7 · · Score: 1

      I'm beginning to wonder if I can buy a satellite connection from a South American or European ISP here in the States. Or do most of the sat providers buy straight from Hughes Net and thus would be covered by this?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    7. Re:That means phone calls too, right? by jamstar7 · · Score: 1

      Look at it this way: if this were a law, there wouldn't be a problem with the "missing" whitehouse email, since the ISP would have a copy.

      Except that Der Prez will claim national security or 'doesn't apply' or some nonsense to block the release of this stuff by their isp, who, IIRC, is the Federal government at the moment. Ever try getting anything from the Feds? They'll see your "Freedom of Information Act' and raise you one 'USA PATRIOT Act'...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    8. Re:That means phone calls too, right? by davester666 · · Score: 1

      You mean this law would legally require the white house to keep track of their emails? Or they would have to store a second copy, just in case their current email backup system somehow failed?

      --
      Sleep your way to a whiter smile...date a dentist!
    9. Re:That means phone calls too, right? by nihongomanabu · · Score: 3, Informative

      There's already law on the books saying that presidential email are public record and need to be preserved. However, the current administration seems to have *forgotten* this little fact.

    10. Re:That means phone calls too, right? by davester666 · · Score: 1

      Yeah, I know. The sarcasm in my message was too low to be detected by everyone else.

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:That means phone calls too, right? by Anonymous Coward · · Score: 0

      Politicians make the laws so they don't have to be subject to them.

      It would be madness to expect them to be subject to the same laws that we, the masses, are.

      We drink and drive and we get a ticket, jail time and sky high insurance rates.

      They drink and drive and the cops give them a ride home.

      We kill someone and it is jail time.

      They kill someone and they get re-elected.

      Social order would be destroyed if there weren't paragons of non-virtue standing tall upon the backs of the masses. Never have truer words been spoken, and I don't care if the FBI likes what I have to say or not .For a temporary time I am still allowed my freedom of speech,AMERICA is a fantastic country, but it's government and politicians are the biggest bunch of crooks around the mafia pales in comparison. However God will be changing things very soon as the signs all point to his return,Come judgement day these evil folk and millions of others will be cast into a lake of eternal fire
    12. Re:That means phone calls too, right? by nihongomanabu · · Score: 1

      Hmmm, after rereading it, I can see the subtle sarcasm now. Sorry I missed it the first time...

  2. ok... by pak9rabid · · Score: 1

    ...and will the FBI be helping subsidize the cost of storage solutions for ISPs too?

    1. Re:ok... by PoliTech · · Score: 4, Insightful
      Great, another Unfunded Mandate, but instead of bankrupting your friendly state or local governments with no funding to pay for the requirement, they are going to start hitting the citizenry directly.

      ISPs will simply pass the cost of maintaining and storing all of that data right to their customers. Never mind the privacy implications.

      What Political philosophy attacks perceived weakness of democracy, corruption of capitalism, promises vigorous foreign aid as well as aggressive military programs, and undertakes federal control of private business and economy to reduce "social friction"?

      I won't supply an answer because I'm already flirting with Godwins Law.

    2. Re:ok... by Anonymous Coward · · Score: 0

      hope not.. that might start a fad on capitol hill of passing whatever snooping/spying laws anybody wants so long as its "funded".

    3. Re:ok... by moderatorrater · · Score: 1

      Great, another Unfunded Mandate, but instead of bankrupting your friendly state or local governments with no funding to pay for the requirement, they are going to start hitting the citizenry directly. Whereas with a Funded Mandate they would just hit the citizenry indirectly through the taxes, thereby adding another few layers of bureaucracy that would require paying for. Much more efficient.

      As long as Congress clearly specifies what needs to be stored, and as long as what's being stored isn't ridiculous, then I have no problem with this. Storing which IP addresses are assigned isn't that big of a deal. My IP address changed maybe once a month, for dialup maybe even 3x per day. Worst case scenario, less than 1 megabyte / month / customer. That's less than 30 gigabytes of storage per customer to keep two years worth of records; somehow, I think the ISPs will be able to afford it. Much more than that, however, and it gets ridiculous.
    4. Re:ok... by Vancorps · · Score: 1

      Are you serious? Even by your 30gig estimate which is a conservative figure you still have millions of subscribers. There are over 80 million subscribers in the U.S. alone. That's 2400 million gigabytes to store all that information to accomplish what?

    5. Re:ok... by jamstar7 · · Score: 1

      Are you serious? Even by your 30gig estimate which is a conservative figure you still have millions of subscribers. There are over 80 million subscribers in the U.S. alone. That's 2400 million gigabytes to store all that information to accomplish what?

      To give the NSA computers something to chew on when they're otherwise idle. BOUND to be 1 terrorist in that woodpile, or else some PGP-encrypted emails that are sure to flag the government's interest...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    6. Re:ok... by Anonymous Coward · · Score: 0

      it's more widespread than this.
      isp don't hold a large amount of this data as it is. they're not setup to do so.
      they route data and log the transaction.
      the don't store the data, nor do they "read" it in the traditional sense. (most here know this already)
      the data is held for short periods of time due to it's volume. this would basically mandate that they be running tremendous amounts of machines & storage just to hold the logs for 2 years.

      in an already cut-throat industry this would *not* help anyone.
      it would exacerbate an already tense industry to further use technologies such as comcast's recent foray into p2p blocking.

      the american public is already behind the world in broadband availability and bandwidth. this would put us further behind as your budget for bandwidth upgrades and new broadband technologies just got blown on data retention.

      don't misunderstand me, i do *not* support the isp industry in any way. (the ceo of virgin can bite my shiny metal ass for his recent comments...) but these cretins control our access. (at least in the US)

      instead of allowing the FBI to have this type of access (which is insane in all of the ways mentioned previously in this thread) we should be working on net neutrality legislation and ways to limit government access and abuse of personal data.

      just my 2c.

    7. Re:ok... by Anonymous Coward · · Score: 0

      Worst case scenario, less than 1 megabyte / month / customer. That's less than 30 gigabytes of storage per customer to keep two years worth of records You have a problem with arithmetic and/or metric prefixes. 1 megabyte per customer is less than 30 megabytes per customer for two years. Where did the gigabytes come in?
  3. Finacing method. by iamsamed · · Score: 1

    They could finance the storage by selling the list of all the porn sites they'll be collecting.

  4. Clog those logs by Teran9 · · Score: 4, Interesting

    If web page requests are added to logging I'll start running an idle process on my router that crawls the web. I might just do that anyway.

    1. Re:Clog those logs by whoever57 · · Score: 1

      If web page requests are added to logging I'll start running an idle process on my router that crawls the web. I might just do that anyway.
      You might want to consider what could happen if your crawler accidentally landed on a page of kiddie porn.
      --
      The real "Libtards" are the Libertarians!
    2. Re:Clog those logs by Anonymous Coward · · Score: 1, Interesting

      .

      If web page requests are added to logging I'll start running an idle process on my router that crawls the web. I might just do that anyway
      You might want to consider what could happen if your crawler accidentally landed on a page of kiddie porn.
      The GP might actually have less of a chance of that happening via that method then the average Joe Sixpack opening email in the Outlook Malware Expresslane. The GP might even evoke a blacklist or simply use a whitelist set to random for the general purpose of massive log file generation while simply blackholing the results on his end.

      This bill needs two riders, one to require the information to be stored into ISO approved OOXML format and another to delay its rollout till applications can generate it in OOXML. Maybe some congressional aide could take care of that, after all it worked for the RIAA and "works for hire".

      Wonder how long after this goes into effect before some BOFH imitator decides to inact petty revenge by editing someone's records? Can the FBI take charge of data recovery if a drive fails?
    3. Re:Clog those logs by The+-e**(i*pi) · · Score: 1

      I already do, but when I upgraded to the beta firefox doesnt support it anymore.
      It does like a google, yahoo, ... search every 6 seconds on average with bursts.

  5. Thanks Dems! by Anonymous Coward · · Score: 0

    Good thing November is just a few months away!

  6. I am not 'their' citizen... by TheLazySci-FiAuthor · · Score: 5, Insightful

    ...they are MY government.

    At least I thought this is supposed to be 'my' government. If it were, then why can't I see everything they are doing? Why when documents are 'declassified' is 90% of the text blanked-out?

    It's for my own good? Well, how can I refute that when I have no evidence, and no evidence can be obtained.

    One of those double-binds, eh?

    1. Re:I am not 'their' citizen... by peipas · · Score: 1, Insightful

      Most things that stay classified are probably just to hide hemorrhaging incompetence.

    2. Re:I am not 'their' citizen... by Watson+Ladd · · Score: 1

      Judges can and do hear cases where evidence must be surpressed, for instance litigation over confidential contracts. Of course, something involving the CIA might require Congress to specifically commission an investigator. IANAL, and someone who is can say more about this than I can.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    3. Re:I am not 'their' citizen... by Anonymous Coward · · Score: 0

      Im not your government consumer!

    4. Re:I am not 'their' citizen... by Anonymous Coward · · Score: 0

      Now comes the question, do I really want to post something here? and if I do, will I pay for it later, and will it be used against me in the court of "law"?

    5. Re:I am not 'their' citizen... by fishbowl · · Score: 2, Insightful


      >At least I thought this is supposed to be 'my' government. If it were, then why can't I see everything they are doing?

      Well there's a pretty solid argument that the state has a compelling interest not to disclose certain things,
      because some disclosure can be detrimental to efforts to enforce laws, and because some disclosures could and
      would violate the rights of some people. Your desire for transparency does not supersede the rights of others
      to privacy from you, and you do not have a right to know the details of every investigation.

      I understand that government agencies often abuse the secrecy with which they have been entrusted, but I also
      agree that government *must* be given significant latitude in this regard, in order to be functional.

      Probably if you give it some thought, you can come up with a pretty good list of things that you don't mind the government knowing about you, but that you would not want shared with anybody who thinks it should be disclosed to them "because government should be fully transparent."

      >Why when documents are 'declassified' is 90% of the text blanked-out?

      Why don't you realize that people who actually deal with documentation and FOIA requests know that 90% number is pulled out of your ass, not based on genuine experience?

      --
      -fb Everything not expressly forbidden is now mandatory.
    6. Re:I am not 'their' citizen... by WGFCrafty · · Score: 1

      Kafkaesque indeed. Ever read "The Trial"?

    7. Re:I am not 'their' citizen... by Anonymous Coward · · Score: 0

      And if you don't agree with your government I suppose you can just quit funding them...

      Oh wait, you can't because otherwise they'll come after you. And if you try to defend yourself against these government attackers they are likely to kill you and the media will report that you're some sort of nut case.

      So much for a government by the consent of the governed.

    8. Re:I am not 'their' citizen... by Anonymous Coward · · Score: 0

      I'm not your consumer, guy!

  7. I remember reading somewhere... by kurt555gs · · Score: 5, Insightful

    "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. "

    Now , where was that? , I can't quite place it, maybe it was in a fairy tale my mom read me as a child?

    Oh well, I know that I remember it from somewhere.

    Cheers

    --
    * Carthago Delenda Est *
    1. Re:I remember reading somewhere... by Uncle+Focker · · Score: 5, Funny

      That document version has been phased out for the 2.0 version.

    2. Re:I remember reading somewhere... by megaditto · · Score: 1, Funny

      "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. " A couple of things:
      i) notice how it says "against unreasonable searches and seizures," which means that unreasonable searches OR seizures are perfectly legal so long as you do one but not the other.
      ii) persons, houses, etc. does not include electronic data or transmission thereof.
      iii) all of the above is trumped by Article 2 anyways, which says the Prez can ignore the Constitution in order to uphold the Constitution
      iv) if you got nothing to hide you are not a paedophile.
      v) would you rather the Govt collected your emails or your dead bodies? terrorists LOVE the Constitution
      vi) think of the children
      --
      Obama likes poor people so much, he wants to make more of them.
    3. Re:I remember reading somewhere... by EMeta · · Score: 3, Insightful

      Not that I agree with the proposal, but it doesn't relate to the 6th Amendment particularly. The FBI wants the ability to get a warrant for the information if they find they may need it, up to 2 years later. ISPs would imply alter where they put these numbers to permanent storage (if they don't already; they very well may).

      The significant dangers of this proposal come from the FBI (and others) not abiding by constitutional protections. The fact that this proposal would make it easier for them to do bad things doesn't change the inherent constitutionality of the proposal.

    4. Re:I remember reading somewhere... by Uncle+Focker · · Score: 1

      Not that I agree with the proposal, but it doesn't relate to the 6th Amendment particularly. lolwut?
    5. Re:I remember reading somewhere... by Uncle+Focker · · Score: 1

      Not that I agree with the proposal, but it doesn't relate to the 6th Amendment particularly. And for a real post. Not shit it doesn't since the 6th Amendment deals with your right to have access to a speedy jury trial.
    6. Re:I remember reading somewhere... by AlHunt · · Score: 4, Interesting

      The only hope for taking our country back is to recompile our government from the source code and start again. Have you ever been at a point in a project where you just have to stop and reassess why you're doing things the way you are? Project America needs a serious rethink.

      --
      1 in 4 Maine children in struggle with hunger.
    7. Re:I remember reading somewhere... by Anonymous Coward · · Score: 0

      That document version has been phased out for the 2.0 version.
      Possible translation: In the interest of freedom all original copies have been secured and ALL public copies will all be migrated to ISO approved OOXML demontrating the level of Federal support for Freedom of Information.
    8. Re:I remember reading somewhere... by Narpak · · Score: 2, Interesting

      Not a bad point as such. The current tangle of government (laws, regulations, bureaucracy and the election process) is the result of centuries of minor changes and adoptions (and some big ones). It is far from an optimal system and I think it would be prudent to actively research and debate improvements that could make the various aspects of nation management better and more democratic.

      Laws should always be reasonable and solid, as it is, it seem to me, there are loopholes and cracks that can be exploited by anyone with the resources to do so. One of the fundamentals should always be to ensure that the system itself is running as well as it can; based on experience, research and citizen input.

    9. Re:I remember reading somewhere... by okmijnuhb · · Score: 2, Insightful

      Don't forget the word "unreasonable" in the context of this current administration. The fact, is there is not much they consider unreasonable.

    10. Re:I remember reading somewhere... by Anonymous Coward · · Score: 3, Insightful

      That sounds like a good idea, but the last time someone tried for fork Project America, there was a good deal of bloodshed. The Project America leads tend to act like Theo when they get crossed...

    11. Re:I remember reading somewhere... by bendodge · · Score: 3, Insightful

      Project America needs a serious rethink. Like a Ron Paul.
      --
      The government can't save you.
    12. Re:I remember reading somewhere... by mosinu · · Score: 1

      Not that I agree with the proposal, but it doesn't relate to the 6th Amendment particularly. And for a real post. Not shit it doesn't since the 6th Amendment deals with your right to have access to a speedy jury trial. Ummm next time google it before you correct someone. From http://www.constitution.org/billofr_.htm Article the sixth 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.
    13. Re:I remember reading somewhere... by Lunix+Nutcase · · Score: 1
      Hey dipshit, you might want to learn to read better. Here's quoting from that page you linked.

      Article the sixth [Amendment IV] IV is Latin numerals for 4 not 6, moron. BTW here's more. http://www.usconstitution.net/const.html#Am4

      Amendment 4 - Search and Seizure. Ratified 12/15/1791. 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. http://www.usconstitution.net/const.html#Am6

      Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. God damn, you fail pretty hard on all counts.
    14. Re:I remember reading somewhere... by Lunix+Nutcase · · Score: 0, Flamebait

      The funniest and also saddest part of your post is your being serious.

    15. Re:I remember reading somewhere... by Anonymous Coward · · Score: 0

      Thank you for fixing that it was pissing me off too.

      It's also pretty much a moot point- once the data leaves your house it's not really private any more and therefore neither amendment would apply.

      There might be some room for argument about the definition of 'papers' (correspondence) but once again, this is not really applicable to the issue in the article.
      The article talks about how far back they can get your data, not what they need to do to get it.

    16. Re:I remember reading somewhere... by Anonymous Coward · · Score: 0

      When I write a document on paper and mail it to my friend, who reads, then burns said document, that information disappears forever.

      IP over carrier pigeon anyone?

    17. Re:I remember reading somewhere... by ScreamingCactus · · Score: 5, Insightful

      Dear Technical Support: I recently upgraded from The Govt OS ver 1.7.7.6 (beta) to the latest release, Govt ver 2.0.0.8, and I noticed a few unexpected changes. For one thing, I have noticed that many of my favorite programs (most of which are the reason I bought the OS to begin with) will no longer run, or only run in a crippled state with most of their features disabled. These include Bill of Rights v1.17, Due Process v3.02, and Privacy v6.9. I've also noticed that this new Govt ver 2 is full of bloatware like Evil Coporation 6, Big Brother v19.84, and Bush Administration v2.0. I opened task manager and noticed that Govt 2 has spawned several background processes, like War.Iraq, Phone.Tap, and Irresponsible.Spending, which seem to be interfering with my previously installed programs. I've been thinking about going back to Govt 1.7, but the uninstall feature doesn't work. Please help, Worried Citizen Dear Worried Citizen: This is a common problem. What most people don't understand about Govt v1.7.7.6 is that it really wasn't an OS. It was merely an extension built on the backbone of the previous OS, WeThePeople. Govt v2.0.0.8 has completely phased out WeThePeople, and now runs standalone (much like the upgrade to Windows 98). Unfortunately it is not possible to uninstall this OS as it overwrites the boot sector. We suggest installing background applications Pay_Taxes and Support_Troops. Although these processes will help to smooth operation, every so often you will have to run the command C:\Vote. While this command may help to reset corrupted processes, unfortunately this OS is still not designed to run your older programs. However, Govt 2 comes with it's OWN version of these these applications, combined into a suite called Illusion of Security, which attempts to emulate some of those features. Warning! Do not, under any circumstances, install Anarchy 3.1, this program causes irreversible damage to the OS. Good luck, Fox News

      --
      The path to enlightenment is truly through homemade drugs!
    18. Re:I remember reading somewhere... by kurt555gs · · Score: 1

      Wow, I wish I had mod points, this is great

      --
      * Carthago Delenda Est *
    19. Re:I remember reading somewhere... by ScreamingCactus · · Score: 1

      Whoops, forgot the HTML. Damn!

      --
      The path to enlightenment is truly through homemade drugs!
    20. Re:I remember reading somewhere... by LaskoVortex · · Score: 1

      Outside of the messed up formatting, this is the best I've read in a long while on /.

      --
      Just callin' it like I see it.
    21. Re:I remember reading somewhere... by Naturalis+Philosopho · · Score: 1

      ... and me without my mod points handy. Excellent post, thank you.

    22. Re:I remember reading somewhere... by Uncle+Focker · · Score: 1

      Bloody fucking brilliant.

    23. Re:I remember reading somewhere... by raddan · · Score: 1

      Sounds like there are too many friend functions fouling up Congress.

    24. Re:I remember reading somewhere... by Anonymous Coward · · Score: 0

      This 6th?

      Surely you mean the 4th, don't you?

    25. Re:I remember reading somewhere... by rurikbloodaxe · · Score: 1

      Best post I have seen in a long long time. Wow, isn't it weird that we would actually refer to our country's CONSTITUTION to fight the fascist judicial system installed by our "common man" president, GW Bush. Oh that's right, I'm supposed to be afraid of terrorists. But I'm not. I'm now afraid of our own government. Lord Acton said it best, and it can never be said better: "Power corrupts, and absolute power corrupts absolutely."

    26. Re:I remember reading somewhere... by Raenex · · Score: 1

      I have a simple question for you. Do you think it would be constitutionally legal for the federal government to require that a camera be present in your living room? Understand this camera and the data it has recorded can only be accessed with a warrant.

      The answer may even legally be "yes", and if so, then the we really need a new amendment. It's one thing for the government to conduct searches with a warrant. It's quite another for them to mandate that all your activity be logged so that they may conveniently search it when they obtain a warrant.

    27. Re:I remember reading somewhere... by Anonymous Coward · · Score: 0

      Use the "Plain Old Text" setting, and you won't have to worry about formatting. (Note that HTML tags like "<b>", "<a>", etc., still work in "Plain Old Text".)

  8. democrats? by TheGratefulNet · · Score: 3, Interesting

    Some Democratic politicians have called for data retention laws to extend to domain name registries and Web hosting companies and even social networking sites.

    I thought we had established the republicans as the evil enemy.

    you mean the democrats are also evil?

    data retention is for spying. spying is ALWAYS a crime against man and fundamentally evil. data retention will come back to bite you, make no mistake about it. this is worrying (but sadly not unexpected).

    still, no matter how bad it gets, it could only be worse in australia or england (I'm NOT kidding about that, either).

    --

    --
    "It is now safe to switch off your computer."
    1. Re:democrats? by Uncle+Focker · · Score: 5, Insightful

      Also lending their support for data retention were Rep. Ric Keller, R-Fla., who said that Internet chat rooms were crammed with sexual predators, and Rep. Lamar Smith of Texas, the senior Republican on the House Judiciary committee and a previous data retention enthusiast. This law has bipartisan support. Anyone who is trying to paint this as if only one side or the other pushing it is just playing politics. Not to mention this idea was originally pushed by our wonderful friend Alberto Gonzales.
    2. Re:democrats? by EMeta · · Score: 2, Insightful

      Forced detention is also a crime against man. But it can be used to prevent greater crimes. [If used responsibly with rehabilitation as a primary goal, etc.] I'm going to go out on a limb and guess that the access to phone records by police agencies has done more good than harm over the last 40 years. IP information is certainly of the same type.

      That said, I don't think this proposal is prudent. Our major law enforcement agencies have not shown themselves to be trustworthy of late, and our congress does not seem to have the will to stop their abuse. Therefore the only rational choice would be to deny this proposal, as it is at the time being likely to do more harm than good.

    3. Re:democrats? by Uncle+Focker · · Score: 1

      I'm going to go out on a limb and guess that the access to phone records by police agencies has done more good than harm over the last 40 years. I guess it depends on what your priorities are. If you think that the protected rights of the citizens should be tantamount then such things have done far more harm than good. If you're more caught up in the "WON'T SOMEONE THINK OF THE CHILDREN!!!" mentality you'll probably view it the opposite way.
    4. Re:democrats? by Anonymous Coward · · Score: 0

      I thought we had established the republicans as the evil enemy.
      This law has bipartisan support. Anyone who is trying to paint this as if only one side or the other pushing it is just playing politics.

      I think it would be best if we just started calling them "people" and time to start holding these "people" accountable for their values and not their political affiliation. "Bipartisan" means jack diddly.

    5. Re:democrats? by Uncle+Focker · · Score: 1

      I totally agree. I was just trying to head off the pass where people try to contend that it's the Democrats only pushing this idea. In fact two other bills proposing the same thing were sponsored by Republicans.

    6. Re:democrats? by Anonymous Coward · · Score: 0

      This law has bipartisan support.
      No, it just has the support of one party: the Republican/Democrat one.

      Anyone who is trying to paint this as if only one side or the other pushing it is just playing politics.
      True, but since it's everyone's civic duty to play politics, so I won't fault anyone for doing that. What's important, is that it is just one side who is pushing it: them. The side opposed to it: us.
    7. Re:democrats? by TheGratefulNet · · Score: 3, Insightful

      Forced detention is also a crime against man. But it can be used to prevent greater crimes.

      no, the 'end justifies the means' is EXACTLY how we got into iraq and other quagmires.

      sorry, but I have to strongly disagree. some freedoms should be so basic as to be BEYOND a power-grab for politicrats and police-creatures.

      if we keep this trend up, even a quiet whisper between friends will not have any privacy protections to it.

      the gov NEVER has a 'right' to wiretap or spy. I feel so strongly about this, but sadly few others seem to care. and that's exactly the slippery slope that we are on right now. no one seems to value privacy to the level we once HAD.

      technology should never remove basic human rights. the right to convey a thought, privately and NOT have it come back to haunt you later should never be taken away. people should have the right to communicate freely. why would you think otherwise? are you brainwashed by the 'think of the children!' idiots??

      --

      --
      "It is now safe to switch off your computer."
    8. Re:democrats? by Dusty00 · · Score: 1

      First of all, in theory forced detention is something that we only use once a person has been convicted of a crime. Secondly, big problem with your analogy is the information that can be inferred from telephone records and from IP records are very different. A telephone call is a two-way, dynamic communication. Recording such at best generates a record of those you have discourse with. Communication across the internet, at least what can be established via IP, is more static. Retaining IP records is more akin to the library keeping a record of any book you've so much as looked at.

    9. Re:democrats? by EMeta · · Score: 1

      Let me be more specific. I think that the great majority of the time wherein investigators have requested warrants for phone records, the results they received were used more for crime detection and prosecution than political/personal non-crime reasons. I don't have any data to back up this claim, but I haven't even heard the most rabid conspiracy theorists claiming otherwise. If you had reasons to think otherwise I would honestly very much like to know them.

    10. Re:democrats? by TheGratefulNet · · Score: 2, Insightful

      you did hit on a key issue.

      yes, our (and every!) LEO dept out there loves this new power grab.

      yes, it will be highly abused. we will have no say in how we are targeted by politicos with an agenda.

      the fact that its conceivable (or even directly experienced!) that LEO will abuse this is reason to not give it to them.

      not every 'crime' must have a trampling of citizens' rights. I believe rights are far more important that 'zero tolerance'; and ZT is exactly the goal of modern governments.

      ZT is harmful and yet we keep fueling LEO with more and more tools that they can abuse to no end. wasn't PATRIOT scary enough??

      --

      --
      "It is now safe to switch off your computer."
    11. Re:democrats? by Uncle+Focker · · Score: 1

      I don't doubt that the end results have probably lead to many positive thing. The issue is that these ends do not justify the means that is used in many cases to reach these ends. And in the end our freedoms have been damaged greatly due to us being constantly told that our freedoms should take a second seat to the search for pedophiles, terrists, etc.

    12. Re:democrats? by techno-vampire · · Score: 1
      First of all, in theory forced detention is something that we only use once a person has been convicted of a crime.


      Really? What do you call it, then, when a suspect is sent to jail while awaiting trial and is refused bail because of being considered a flight risk or because one of the things they're accused of is jumping bail? I think your theory requires a little more work.

      --
      Good, inexpensive web hosting
    13. Re:democrats? by element-o.p. · · Score: 1

      I'll buy your argument if you can show how the recent erosion of privacy has had a meaningful impact on counter-terrorism or pedophile investigations. The last news article I remember reading that claimed that the Patriot Act and its ilk had lead to a major coup in a counter-terrorism investigation was debunked very shortly afterwards.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    14. Re:democrats? by raddan · · Score: 1

      The flipside to this is to make technology disruptive enough that there is no privacy for anyone, politicians included. That will result in either some kind of broad social values shift, or a massive backpedaling on the part of lawmakers.

    15. Re:democrats? by FlatWhatson · · Score: 1
      Hmm, as an Australian citizen, I think you're dreadfully misinformed.

      No matter how bad it gets in Australia, it could only be worse in America or China (I'm NOT kidding about that, either). There... fixed that for you :)
      --
      BLAM!
    16. Re:democrats? by Leonarodsan · · Score: 1

      I wish everybody would stop pretending that the democrats represent "another side". Look at how much corporate financing the democrats get and it's easy to see the "two major parties" only represent a select few.

    17. Re:democrats? by Anonymous Coward · · Score: 0

      First, I agree with you ompletely. Few things are more important to me than my privacy. I've been called dangerously paranoid on more than on occasion.

      That said, our forefathers could never have imagined the kind of technology available at the average users fingertips today. The laws of old are quickly becoming inapplicable to our society. The basic freedoms were, are, and should always be applicable but the old ways are becoming outdated very fast. I believe that it's time for America to abandon and rewrite the constitution. The only problem is that we don't have anybody with the intelligence, insight, and respect for the masses that our forefathers had, and thus we can't trust our government to redefine itself.

      It comes down to a failing government that believes that it's above the people. It's gotten out of control and is only going to get worse in the foreseeable future. The question is, how many freedoms are going to be lost before the masses rise up against the corrupt government. We live in sad but interesting times. Our founders are rolling over in their graves.

  9. Not again... by Uncle+Focker · · Score: 0, Redundant

    "Records retention by ISPs would be tremendously helpful in giving us a historic basis to make a case on a number of child pornographers who use the Internet to push their pornography" or lure children, Mueller said. Privacy rights be damn! WON'T SOMEONE SAVE THE CHILDREN?!?!?
  10. not that troubling by theMerovingian · · Score: 1, Troll


    The FBI's access to the materials will still be limited by the Fourth and Fourteenth Amendments of the constitution.

    --
    "If you think you have things under control, you're not going fast enough." --Mario Andretti
    1. Re:not that troubling by Uncle+Focker · · Score: 3, Insightful

      You mean just like how the NSA is limited by the 4th amendment from snooping on U.S. citizens? Oh wait...
      Please, they'll bypass the 4th amendment any time they want to get access to the data.

    2. Re:not that troubling by theMerovingian · · Score: 1


      Please, they'll bypass the 4th amendment any time they want to get access to the data.

      As a criminal defendant, your best hope is that the government did in fact violate the Fourth Amendment while procuring evidence against you. All evidence, acquired directly or indirectly as the result of an illegal search, must be excluded as the fruit of the poisonous tree. Wong Sun v. U.S.

      --
      "If you think you have things under control, you're not going fast enough." --Mario Andretti
    3. Re:not that troubling by Uncle+Focker · · Score: 1
    4. Re:not that troubling by H3lldr0p · · Score: 2, Informative

      You didn't happen to see where the SCotUSA decided that doesn't apply anymore today, did you?

      From yahoo.

    5. Re:not that troubling by Uncle+Focker · · Score: 1

      I can't believe you would actually think that the police would have to follow their own state laws. Silly you.

    6. Re:not that troubling by element-o.p. · · Score: 3, Informative

      Riiiiight. And the FBI hasn't been caught improperly issuing National Security Letters recently ahref=http://www.nytimes.com/2007/03/25/washington/25justice.htmlrel=url2html-11383http://www.nytimes.com/2007/03/25/washington/25justice.html>. And the NSA hasn't conducted domestic wiretapping in violation of the 4th amendment http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm. And the executive branch hasn't claimed that the right to a writ of habeas corpus is not granted by the Constitution http://www.baltimorechronicle.com/2007/011907Parry.shtml

      Not to be rude, but do you believe in the tooth fairy, too?

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    7. Re:not that troubling by element-o.p. · · Score: 1

      You're assuming that you ever get to trial. How long have those folks in Gitmo been there?

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  11. I'm against this by Bryansix · · Score: 4, Insightful

    I'm against this not because of the privacy implications but because government shouldn't make it more expensive for a business to run by requiring them to keep information that is of no value to them past a certain period of time.

  12. East Germany... by Anonymous Coward · · Score: 0

    Keeping meticulous records was established with the Nazi's and carried on in that great tradition into East Germany. The cold war is barely over and already the lessons many noble people died for are being brushed under the carpet. I suspect that the real reason Western civilizations are turning their malice towards their own is simply because the dollars that used to go to our enemies now have to go somewhere. Inward. After all, you can't shrink the military-industrial complex - the beast won't let you do that.

    1. Re:East Germany... by blueg3 · · Score: 1

      Keeping meticulous records dates back to the Romans.

    2. Re:East Germany... by thynk · · Score: 1

      Keeping meticulous records dates back to the Romans. and look what happened to them!
      --

      Good judgment comes from experience, and a lot of that comes from bad judgment.
    3. Re:East Germany... by jamstar7 · · Score: 1

      Try Sumeria.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    4. Re:East Germany... by Foobar+of+Borg · · Score: 1

      Keeping meticulous records dates back to the Romans.
      And they also became vicious, tyrannical despots. As an aside, that is one thing I really liked about Deep Space Nine is how one of the hallmarks of Cardassian society was the meticulous collection, organization, and filing of information on everyone and everything. In real Earth history, this is what tyrants want and need. The government of a free society does not need to know every frigging thing everyone is doing.


      And to think, when I was in grade school, they taught us about all these horrible, despotic places in the world that watch everything you do, have video cameras everywhere monitoring everyone, and so on. But, of course, America was better because we don't have all that crap. Now, look how everything has changed.

  13. Is the FBI going pay for it? by Joe+The+Dragon · · Score: 1

    Is the FBI going pay for it?

  14. Double Standard by pfleming · · Score: 5, Insightful

    So the administration that can't keep its own email records in accordance with Federal Law wants to pass a NEW Federal Law mandating that all of OUR records be retained for 2 years?

    1. Re:Double Standard by BenJCarter · · Score: 3, Informative

      The administration is Republican. The article says this bill is sponsored by Democrats.

      --
      For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. - Publius
    2. Re:Double Standard by pfleming · · Score: 1

      It also said the biggest proponent was FBI director Mueller and Alberto Gonzalez

    3. Re:Double Standard by Cajun+Hell · · Score: 1

      What a relief, that if they try to pass it this year, we can count on a veto.

      --
      "Believe me!" -- Donald Trump
    4. Re:Double Standard by Uncle+Focker · · Score: 1

      Also lending their support for data retention were Rep. Ric Keller, R-Fla., who said that Internet chat rooms were crammed with sexual predators, and Rep. Lamar Smith of Texas, the senior Republican on the House Judiciary committee and a previous data retention enthusiast.

      As attorney general until last summer, Gonzales rarely passed up an opportunity to call for data retention. In April 2006, he said Internet providers must retain records for a "reasonable amount of time" and the issue "must be addressed." In September 2006, he added: "This is a national problem that requires federal legislation."

      Multiple proposals to mandate data retention have surfaced in the U.S. Congress. One, backed by Rep. Diana DeGette, a Colorado Democrat, said that any Internet service that "enables users to access content" must indefinitely retain records that would permit police to identify each user. Another came from Wisconsin Rep. F. James Sensenbrenner, a close ally of President Bush, and a third was written by Rep. Smith, who endorsed the idea again on Wednesday. This particular bill might have been, but it has great support among Republicans. Not to mention two previous proposals to do the same thing were sponsored by Republicans. Yep, it's definitely only Democrats pushing this.
    5. Re:Double Standard by blueg3 · · Score: 1

      The government has multiple entities, you know.

      Ask the FBI what they think about the White House having "missing" e-mails.

    6. Re:Double Standard by Uncle+Focker · · Score: 1

      You mean except for the fact that the Administration approves such a thing? Bush's man Alberto was pushing this thing for nearly 2 years before resigning.

    7. Re:Double Standard by pfleming · · Score: 1

      Probably nothing. Only Congress can properly address this. The Directory of the FBI is appointed by the President. What do you think the FBI thinks about it?

    8. Re:Double Standard by BenJCarter · · Score: 1

      I don't recall saying it was only Democrats. Don't let what I actually said stand in your way though.

      --
      For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. - Publius
    9. Re:Double Standard by Anonymous Coward · · Score: 0

      So the administration that can't keep its own email records in accordance with Federal Law wants to pass a NEW Federal Law mandating that all of OUR records be retained for 2 years? Just one more reason to host your own domain and email server. SW Bell (err I mean SBC, err I mean AT&T) has been my DSL provider since 2000, yet I've never used the email account provided me. Which, on another topic entirely, makes me wonder why that account has 62,493 spams in it...
    10. Re:Double Standard by Uncle+Focker · · Score: 1

      You were trying to make it out as if the administration had no hand in this and that it was only sponsored Democrat bill. I was pointing that out to be false and showing that the bill is also sponsored by Republicans like Lamar Smith.

  15. Sweet by BigGar' · · Score: 4, Funny

    Time to buy some stock in manufacturers of storage solutions.

    --


    Shop smart, Shop S-Mart.
    1. Re:Sweet by Anonymous Coward · · Score: 0

      Or these guys that do Data Retention:

      http://intelligentias.com/

  16. Sounds like a good idea to me by phorm · · Score: 4, Interesting

    How about we start with the whitehouse? Remember all those missing emails?

    What's good for the goose is good for the gander, after all.

  17. depends on the scope by sloth+jr · · Score: 1

    I'm adamantly opposed to any required data retention such as mail logs, web logs, etc. I'm less opposed to retention of DHCP lease records - I don't think that'd pose that significant of a burden on ISPs.

    On the whole, I oppose government's attempt to mandate what a private business does with its data.

    sloth jr

    1. Re:depends on the scope by pfleming · · Score: 1

      I'm adamantly opposed to any required data retention such as mail logs, web logs, etc. Especially since according to your emails you have been chatting with a "tired gilr" and sent before and after photos of yourself to some web site.
  18. Chat rooms are the new police hangout by QCompson · · Score: 1

    Also lending their support for data retention were Rep. Ric Keller, R-Fla., who said that Internet chat rooms were crammed with sexual predators And also crammed with law-enforcement agents posing as sexually curious 14 year old girls (and boys).
    1. Re:Chat rooms are the new police hangout by Uncle+Focker · · Score: 0, Flamebait

      And probably a congressman or two. http://en.wikipedia.org/wiki/Mark_Foley

    2. Re:Chat rooms are the new police hangout by vertinox · · Score: 1

      Sexual predator is the new "Communist" on capitol hill or the modern day witch. The way they portray them, its like they are hiding in every bush and under every rock around playgrounds and schools.

      Not only are the numbers inflated to whip the voter base into a fury, if they actually need a sexual predator to put on a show trial, the evidence is circumstantial and often crimes of conspiracy (thought crimes) in which are used to simply create the crime to prove their point.

      All this is done to pass legislation that infringes on the rights of people who have no desire to engage in illicit activity on the net.

      It bothers me to no end... If Sexual Predators actually commit a crime then yes catch them and throw away the key, but to set up a sting to catch week willed men by actually inviting them into such situations creates a crime that would not have happened otherwise.

      Then when they pass such legislation on the rest of us who have been minding our own business and breaking no law, its just more salt into the wound.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    3. Re:Chat rooms are the new police hangout by Uncle+Focker · · Score: 1

      What is flamebait about my post?

    4. Re:Chat rooms are the new police hangout by dbcad7 · · Score: 1
      Fundamental parenting, given by parents for ages...
      "don't play in the street"
      "don't run with scissors"
      "don't talk to strangers"

      Chat rooms are strangers... Why would anybody, as a parent, want to let their kids talk to strangers ? .. regardless if it is "safe" to do so ?

      For people that you know, there is a thing called instant messaging.

      For all I care, chat rooms can be as sick, vile, disgusting, and perverted as possible.. I just don't care. It's a medium of strangers communicating.. If a child is exposed to it, then their parents shouldn't be allowed to have kids in the first place.. It's simple, just remove any access to chat on a kids computer.

      "don't talk to strangers".... pretty fundamental.

      --
      waiting for ad.doubleclick.net
  19. Somebody working there by omfglearntoplay · · Score: 1

    I wish somebody working at the ISPs should frequently accidentally leak IP and other info on the jerks requesting these laws out to the public. Give them a taste of their own damn medicine. Controlling soul sucking crap that they must be.

  20. There is no privacy on Internet anyway by iamacat · · Score: 3, Informative

    All your data is transfered unencrypted and, with Web 2.0 "revolution", on servers accessible to outsourced personal in jurisdictions with questionable privacy laws. I hope this is a wake up call for widespread adoption of IPSec/SSL and return to hosting content on your own machine, like it was meant to be at inception of Internet and World Wide Web. Opportunistic encryption solutions can exchange public keys with assumption of trust during the first communication between two given users. Law enforcement or black hats who start to listen in later will not get much once your circle of online friends is established.

    1. Re:There is no privacy on Internet anyway by jamstar7 · · Score: 1

      Dunno about anybody else's ISP, but mine prohibits me from serving content to the 'Net per its Terms of Service. Violation of same is grounds for instant cutoff.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    2. Re:There is no privacy on Internet anyway by Anonymous Coward · · Score: 0

      Data Retention (at least within the European Union) does not retain the content, only the transaction.

      See:

      http://en.wikipedia.org/wiki/Data_retention

      It says:

      "The Directive requires Member States to ensure that communications providers must retain, for a period of between 6 months and 2 years, necessary data as specified in the Directive

              * to trace and identify the source of a communication;
              * to trace and identify the destination of a communication;
              * to identify the date, time and duration of a communication;
              * to identify the type of communication;
              * to identify the communication device;
              * to identify the location of mobile communication equipment."

      Therefore Law Enforcement cannot "listen in" without a court order. This is called Lawful Interception, not Data Retention.

    3. Re:There is no privacy on Internet anyway by iamacat · · Score: 1

      It will become an unpopular ISP once people realize that they are not allowed to use BitTorrent, play multiuser games or videoconference.

  21. Thank god for Tor... by SiriusStarr · · Score: 1

    ...exit nodes and plausible deniability.

    --
    Fear the penguin.
    1. Re:Thank god for Tor... by Daimanta · · Score: 1

      What?! You are using a terrorist tool like Tor?! You should be locked up and the key should be thrown away!

      --
      Knowledge is power. Knowledge shared is power lost.
    2. Re:Thank god for Tor... by SiriusStarr · · Score: 1

      I'm not using it; I'm simply donating my computer's spare bandwidth to others who want to use it. So it's really less terrorism than accessory to terrorism by your definition... :-)

      --
      Fear the penguin.
  22. Forign business opportunity by davidwr · · Score: 3, Funny

    Advertisement aimed at businessmen traveling to Europe:

    Attention American Businessmen:
    Are you concerned about your government making your ISP keep records of where your employees surf when they are at home? Are you worried your Vice President will get in the news because he's surfing porn at a site that later turns out to host terrorist blogs?

    Fear not!

    For $20/month each, your employees can enjoy the security of EuroProxy(TM). Based on Super Secure Layering technology, we provide untraceable unbreakable internet surfing to your employees.

    Our servers are located in North Elbonia which has among the strictest privacy laws on the planet.

    Call Now!

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Forign business opportunity by Anonymous Coward · · Score: 0

      Er. Except the EU already brought in the Data Retention Directive (though it's being challenged in court in at least Germany and Ireland).

  23. While we're at it... by Jim+Robinson+Jr. · · Score: 2, Interesting
    let's implant GPS/RFID units in every man, woman and child so we can track movement, require positive ID for book and movie purchases, and mandate health-club memberships.

    Yeah... life will be good as soon as our benevolent government can track and dictate everything we do. After all... it's for our own good.

    NOT!

    Seriously though, as soon as any government determines that every movement needs to be tracked in a virtual world, how quickly will that translate to the real world?

  24. Bill of Rights... by headkase · · Score: 4, Interesting

    Including the Bill of Rights as part of the Constitution was controversial at the time as some feared that it may come to be interpreted that the list would come to be seen as the only rights a Citizen possesed. The exact opposite is what was originally intended, the Federal government only has a small set of rights while Citizens are assumed to have unnumerated rights with the Bill of Rights as only listing a few. Under the Constitution it is not only their responsibility but even more importantly their duty to provide a conclusive and pressing need to curtail the Rights of the People of the United States of America when it comes to renegotiating the Rights and Freedoms of said Citizens. The anonymity of the original Federalist Papers strikes a chord here - this government sees people who are working for change as "homegrown terrorists". How ironic is the historical comparison to British rule over the Americas and those who oppose the status-quo with the Federal government today.

    --
    Shh.
    1. Re:Bill of Rights... by Dunbal · · Score: 1

      IANAL, but as a professional in another field (medicine) that has a lot to do with lawyers these days, we're forced to take some legal courses.

      I'll always remember having it explained to me in my legal medicine class:

      Citizens have the right to everything possibly imaginable. Laws are created to put certain limits on citizens, for their own or others' protection. However you are "born" with the "right" to anything unless there is a law that specifically prohibits it.

      Government, on the other hand, has absolutely NO RIGHTS whatsoever - unless a law is created that specifically gives them a right - for example the right to lock you up if you're proven guilty of a crime, the right to tax you, etc.

            However from what I read online, in the US I am seeing it interpreted as being the other way around more and more frequently. Government can do what it wants, and the citizen is limited to what the "Bill of Rights" says. Anything else is a "privilege". Bullshit. And I'm glad I don't live in the US. Call me when the next revolution starts, I might help fund some of it.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Bill of Rights... by dreamchaser · · Score: 1

      Your ideas are relevant to my interests. I would like to subscribe to your newsletter.

    3. Re:Bill of Rights... by Anonymous Coward · · Score: 0

      Remember back to your early teachings. "All who gain power are afraid to lose it."

  25. Potential for abuse by QCompson · · Score: 2, Insightful

    "Records retention by ISPs would be tremendously helpful in giving us a historic basis to make a case on a number of child pornographers who use the Internet to push their pornography" or lure children, Mueller said. This would also be tremendously helpful in compiling a complete profile on anyone law enforcement or the government deems to be suspicious or suspected of committing a crime.

    The potential for abuse here is huge. Mueller is trying to distract politicians and the pitchfork-wielding public with scenarios where John E. Pedophile is able to be apprehended because the FBI can see he visited Underage-illegal-pornography.org thanks to the wonders of data retention. But imagine how much information about our lives can be gathered from our ISP records... private medical information, marital problems, embarrassing yet legal sexual predilections, books we read, videos we rent, political groups we favor, and on and on. The government will be able to obtain a vast amount of private and personal information after they gain access to years of our ISP records. And with 4th Amendment loopholes like national security letters in existence, there's no guarantee that this information will only be accessed upon suspicion of serious criminal activity.

    The end just doesn't justify the means. The FBI seems to be doing a fine job in stopping the production of child pornography with the data retention policies that are in place. Are there any child pornography websites on the internet anymore? Are child pornographers really "pushing" their product on random internet users? Of course, no one knows the answers to these questions, and it is impossible to independently verify the government's claims without putting yourself in jeopardy of facing severe criminal charges, but it seems doubtful that child pornography is such a rampant problem that it requires opening up a pandora's box of privacy concerns.
    1. Re:Potential for abuse by blueg3 · · Score: 1

      "The FBI seems to be doing a fine job in stopping the production of child pornography with the data retention policies that are in place."

      They're good at catching the dumb ones, at least.

      It's a real problem they're basing this on: in the course of an investigation, the information to be used at trial often includes logs of activity going back months or years that is either from the suspect's machine or from legally-acquired logs. Anything referred to by IP address must be mapped to real people, though, and ISP logs are necessary for this. So you can easily run into the question, "Who had this IP address at X time?", where X is a year in the past.

      Reading the article, IP-customer associations are all they're actually asking for in this. The article author makes the claim that they "might want" a lot more, but as pointed out, there are no specifics.

      A second, but substantially more difficult-to-require step is to maintain permanent records of who sends packets to whom and when.

      Actually recording and storing the contents of any communications is both nearly impossible to require and of limited use. While seeing every packet that's come from your machine could certain tell someone all sorts of private information, parsing, summarizing, and storing that information in a reasonable amount of work and storage space is not likely. Further, it can be easily circumvented by using SSL (or any other encryption). It's better to have the ISPs log what they're easily able to log -- assigned IP addresses and maybe connection logs -- and then require the entities who know how to summarize usage data (e.g., make Myspace log Myspace communications) keep those records. No sense in having the ISP try to summarize Myspace communications of their customers.

  26. Retention == abuses by redelm · · Score: 1
    Retention is a very big privacy deal. Think about exactly when abuses like fishing trips happen -- long after the fact when it is desired to tar the target.

    Law enforcement is about discovering criminal perpetrators and increasingly (horrors in certain violation of civil rights and dilution of the law) in preventing certain criminal activities. For this they certainly needs _some_ records to do detective work after a complaint. But crimes are generally discovered quickly, and police are well aware that detective work has to be fairly prompt or it is likely to be ineffective. So no reason for long retention.

  27. Such easy questions. by jd · · Score: 1
    You have to remember, however, that the Government is paranoid when it comes to the citizenry, making all searches (and indeed activities) entirely reasonable, as viewed by those subject to such paranoia. Besides which, the President gave himself powers, oh, 2001-ish, in which he can declare anyone he so chooses to be a de-facto terrorist on his word alone, and it's obvious to any judge (especially those not wanting to be arrested) that terrorists may have any posession or personal information confiscated and used as the Government pleases.

    After Rockall was given independence from the United Kigngdom, you will probably find it has the best record on democracy of any western nation.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Such easy questions. by element-o.p. · · Score: 3, Interesting

      Didn't this exact same load of crap happen about every 50 years ago or so? sed "s/communism/terrorism/g" and you've transformed McCarthyism to, for lack of a better term, Bushism.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    2. Re:Such easy questions. by jd · · Score: 1

      You might have spotted something there. Could this work on a 50-year cycle? (In other words, about every other generation. Or, in yet other words, society as a whole is Type I Bipolar.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:Such easy questions. by Anonymous Coward · · Score: 0

      Didn't this exact same load of crap happen about every 50 years ago or so? sed "s/communism/terrorism/g" and you've transformed McCarthyism to, for lack of a better term, Bushism. Yeah, that IS a real lack of a better term, in view od the fact that many democratic congresscritters are pushing for it too (surely so that the copyright cartels, whose dicks they suck, can access the information in the future).

      Nice way to pander to slashdot biases to avoid real thinking. Keep up with the group think--you have a bright future ahead...
  28. Interfering with police investigations? by EmbeddedJanitor · · Score: 1
    I see some Rubber Glove Love in your future.

    Interfering with a terrorist investigation? Guantánamo Bay has nice weather.

    --
    Engineering is the art of compromise.
    1. Re:Interfering with police investigations? by Teran9 · · Score: 1

      Yeah, right. Your dots don't connect.

    2. Re:Interfering with police investigations? by jamstar7 · · Score: 1

      Precedent is there. See? All that's needed is a 'national security' tag tacked on, and you get to spend a good bit of time in the tropical sun.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    3. Re:Interfering with police investigations? by Teran9 · · Score: 1

      You still haven't connected the dots. I would be making it more expensive for an ISP to maintain their logs. In no way am I preventing them from keeping those logs.
      If you are going to maintain that masking my activity is somehow actionable, then heaven help anyone who uses a VPN with far-end routing.

  29. How about... by UncleTogie · · Score: 1

    ...we demo this system, but for snailmail? As our Congress-critters are so eager to make this happen, let's start with them. Each "representative" would be personally responsible for keeping ALL copies of incoming AND outgoing mail for their entire term. Those found in violation would be stripped of their office, flogged with 3-day-dead trout, and made to work in the mailroom for a period of not less than 6 months... sitting next to the guy with the flatulence problem.

    No, it won't happen, but it gets a little irritating to think that they believe that email is sufficiently different than "normal" mail to warrant treatment that they'd not put up/deal with themselves.

    --
    Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
  30. Now we see the problem with the Internet by zymano · · Score: 3, Insightful

    Either the gov wants to track a few people or they want to track everyone. Giving this kind of power when not in wartime is irresponsible. I could see a judge letting them check on certain profiles but EVERYONE???

    Funny in that they CAN'T STOP FUCKING MURDERS & OTHER CRIMES IN THEIR OWN PISSHOLE CITY : WASHINGTON D.C.

    1. Re:Now we see the problem with the Internet by G00F · · Score: 1

      "Funny in that they CAN'T STOP FUCKING MURDERS & OTHER CRIMES IN THEIR OWN PISSHOLE CITY : WASHINGTON D.C."

      If they did we wouldn't have any politicians left . . .

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  31. ...and the vice president's e-mails? by ivanmarsh · · Score: 2, Insightful

    Here's a little advice for all you ISPs out there: The records were accidentally erased and the backup tapes were accidentally destroyed.

    If it's good enough for Cheney it's got to be good enough for you.

    I'm really beginning to hate my government!
    (Now you make sure to keep this statement on record for at least two years there Cowboy Neal).

    1. Re:...and the vice president's e-mails? by witherstaff · · Score: 1

      Oops doesn't cut it for the feds. The Presidential Records act has no bite to it, the laws for ISPs do. Failure of CALEA compliance is 10,000 a day. The problem with CALEA, it applies to everyone out there who provides the last link. The coffee shop down the road with open wifi needs to be CALEA complaint or faces problems. You want to be cool and run a community network? It's not worth the legal risk.

      If the feds come in and you can't comply, you also can't turn it off - that's part of non compliance. This is real time snooping, think wireshark but in a proprietary format.

    2. Re:...and the vice president's e-mails? by myspace-cn · · Score: 1

      EXACTLY, the hard drive failed and we replaced it with a new one. We lost the logs with it.

      Now get over to your DC hotline and give the bastards and bitches an ear full. Or Sit on your ass's and drink another beer and watch while another election goes up in smoke.

  32. Working as it should by Xelios · · Score: 1

    At the moment, Internet service providers typically discard any log file that's no longer required for business reasons such as network monitoring, fraud prevention or billing disputes. Companies do, however, alter that general rule when contacted by police performing an investigation--a practice called data preservation. A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity." In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.
    Looks like everything's working as it should. Thanks for wasting time and taxpayer money again guys, enjoy a well deserved vacation on me.
    --
    Murphey's fighting Occam, and we're in the stands.
  33. Responsibility first, privileges later by Odin's+Raven · · Score: 4, Insightful

    It might sound trite, but as long as the FBI behaves like a child, it should be treated like a child. Right now it seems like if we give them a baseball bat for little league then the next morning all the mailboxes along the street are smashed. If we lend 'em the car keys so they can go to youth prayer sessions, two hours later we're getting a phone call about how they wrapped the car around a telephone pole as they tried driving to the liquor store after getting thrown out of the local bar. And what's particularly galling is that they come back afterwards and ask if they can have a new Porsche because the old car doesn't go fast enough.

    Let the FBI go a year without abusing their existing powers before they even get to ask for anything new. (Child equivalent: "No dessert until you clean your room.") Or use a more immediate reward/punishment system - if anyone abuses any privilege, the agent responsible is disciplined and the situation rectified (evidence tossed, etc). Otherwise the whole agency loses that privilege for a week the first time, a month the second time, then six months, then a year, etc. (Child equivalent: "If whoever threw that spitball doesn't fess up, the entire class is getting detention.")

    I mean, seriously, it seems like my two-year old nephew has a better understanding of rights and responsibilities than the FBI does.

    --
    A marriage is always made up of two people who are prepared to swear that only the other one snores.
  34. The one problem by Sylos · · Score: 1

    I see today is that most people just.don't.plain.care. Most of the people I've talked don't really care that they have no privacy. They say "So? They'll get a list of porn sites and tech sites?" I know anecdotal evidence doesn't prove much, but I fear that most people just don't care enough.

    --
    'Number-memorizing Chinese people.'-Anon
  35. Great News So The Lost E-Mail by Anonymous Coward · · Score: 0



    of the Torturer can be recovered.

    PatRIOTically,
    Kilgore Trout

  36. Congress First! by twitter · · Score: 3, Funny

    After all, we know congress and the presidency are both crammed with child molesters and other predators. Will someone please think of the children and Xray those bastards daily?

    --

    Friends don't help friends install M$ junk.

    1. Re:Congress First! by electrictroy · · Score: 1

      >>>"Some Democratic politicians have called for data retention laws"

      And I thought the Democrats were the party of freedom?
      Boy was I naive.
      Are they going on a "witch hunt" for people downloading photos of nude children? If so, I guess I better get used to wearing striped suits, because I was just visiting several Nudist websites looking for summer vacation options, which of course featured *whole families* without clothing. (Oh horror. I'm a filthy nudist. Here come the Democrats to nail me.)

      Maybe it IS time to move to the European Union - at least they're not afraid of their own bodies.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
  37. Just turn it off by PenGun · · Score: 1

    You don't have to run logs. If you do not you have nothing to save.

      Simple Server Tricks.

    1. Re:Just turn it off by jamstar7 · · Score: 1

      Except you will be required to make and keep logs under this legislation.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  38. Quis custodiet? by brre · · Score: 2, Interesting

    Does this apply to the executive branch?

  39. Well said. by DaedalusHKX · · Score: 1

    Wow. well said. Damn well said. You oughta sell posters with that. Mind if I do? :)

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  40. Fu8ck them! by Anonymous Coward · · Score: 0

    All we need is the fbi dicking around with the internet and then they can do whatever they want. Next thing you know they'll start internet censorshit. Ok there a lot of predators on the internet, but hey...the internet isn't where all of the crime takes place.

    "Funny in that they CAN'T STOP FUCKING MURDERS & OTHER CRIMES IN THEIR OWN PISSHOLE CITY : WASHINGTON D.C."
    I agree!

    The lame brain government messes every thing up and makes me sick.

  41. So, this dumbass law gets passed... by throatmonster · · Score: 1

    ...and it turns out the White House's emails go missing (gasp! never happened before!). Who gets in trouble? Certainly not anyone in power. The heads of a handful of IT grunts (i.e. you and I) will roll.

    Call the Librarians. They've been able to stop the last couple of bills that would have required libraries to retain circulation records. If private ISP's get socked with data retention laws, the libraries aren't far behind.

    --
    All pass beyond reach of medicine. None pass beyond the reach of love.
  42. how much room? by Anonymous Coward · · Score: 1, Interesting

    The logs as of the other week on a 15,000 user forum averaged 3.5 gig every 3 or 4 days.

    so that's a fresh 600gig HD for the 2 year mandate, for just one web site.

  43. New legislation requires... by Prisoner's+Dilemma · · Score: 2, Funny

    New, recently proposed legislation now requires every person to store everything they say or hear for two years. This is for your protection and must be accessible to the FBI and local law enforcement. Advocates for the new law cite the number of lives that could have been saved if this was available to fight terrorists in 1776.

    In other news, President Bush was elected to a fifth term despite only having 1% of the popular vote and a 0% approval rating. When asked how this didn't violate the 22nd amendment to the constitution, the President's reply was, "the what?"

    1. Re:New legislation requires... by gujo-odori · · Score: 1

      While that was funny, and I have so little truck with the current state of the GOP (I'm a lifelong Republican) that I may abstain from voting for the first time in almost 30 years as a voter, let's not forget that the most draconian of the proposed requirements come not from Republicans, but from Democrats.

      The trouble with GW is comes not from his being a Republican, but from being a false Republican and a false conservative. Look at his track record and the kinds of things he supports; these are things a leftist would do. I've lived in a communist country, and these rules sound eerily familiar; it;s how things just work in those places. You assume you're always being watched and your communications are always being monitored, because they usually were. Crypto was illegal there, although there was an exception for foreigners on business or tourism.

      So when you vote this year, think about what you might really be voting for if you vote for (Obama|Clinton). A regime even worse than the one we have now.

      I don't have any good answer to that, because I think we're screwed no matter what we do. McCain sucks less than Clinton or Obama, but he still sucks. If everyone would think about how much these so-called "mainstream" candidates all suck, maybe some actual reform would begin and we could start returning the country to what the framers of the Constitution envisioned. We sure don't have it now, when we're edging closer to a police state daily :(

  44. Who is going to foot the bill for saving all that by Anonymous Coward · · Score: 0

    CRAP!

    Who the hell is an ISP anyway. I have an address block. I got it from IANA back in the dark ages. I have open wireless. Pigs are tolerated, hogs get killed. I don't know who uses the frakin thing. It's like passing a joint. These governmental BOZOs assume I've got "customers" and "revenue". F$CK 'em in the REGX!

  45. VPN = New Tin foil Hat by queenb**ch · · Score: 4, Insightful

    Why is it that I think VPN just became the new digital equivalent of the tin foil hat?

    --
    HDGary secures my bank :/
  46. I think what we need is by iminplaya · · Score: 1

    an ISP "Bill of Rights"...Yeah, that's the ticket.

    --
    What?
  47. It is all Pointless anyways by cthulhuology · · Score: 1

    ISPs keep records and criminals simply use spoofed MAC address and piggyback on someone else's connection. Ultimately, from the point of view of the FBI, this is really just a law so that they can threaten ISPs with failing to keep "adequate" records, and then coerce them into "volunteering" to do things of questionable legality on their behalf. For the politicians, these laws are designed for the sole purpose of getting lobbying dollars out of telcos and ISPs who aren't coughing up enough $$$ for the 2008 re-election campaigns. Ultimately, this law will go away when ISPs cough up a combined total of $50-250k in campaign funds to the sponsoring parties.

  48. Enforce on Bush and Cheney by freedom_india · · Score: 1

    Or how about actually enforcing this on Bush and Cheney?
    After all their own IT department says they "lost" the emails and can't be retrieved.
    So, if you want Bush to veto this law, add a line which states it applies to Bush and Cheney,and you will see it vetoed faster than hillary says "woo hoo!"

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  49. Does not imply the white house by houghi · · Score: 1

    It is talking about ISPs. I am pretty sure that the white house and many companies and even individuals run their own SMTP server. So no ISP, no need to keep those records for 2 years. Companies also have their own servers.

    So again this is just to attack the rights of Joe Smoe, while the people who bought governement can still do whatever they want.

    --
    Don't fight for your country, if your country does not fight for you.
  50. Mutant politicians by tinkerghost · · Score: 1

    Will someone please think of the children and Xray those bastards daily?

    Oh yeah, and when we have mutant congresscritters with 2 heads making twice as many stupid laws that's going to be an improvement how?

  51. Yay! Federally subsidized data centers! by Insect+Eater · · Score: 1

    Or at least they had better be, because that's going to cost my company a LOT of money.

  52. 1984 by likes2comment · · Score: 1

    See "1984".

  53. Re: by clint999 · · Score: 0

    Will someone please think of the children and Xray those bastards daily?