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Bill Would Require ISPs, Wi-Fi Users To Keep Logs
suraj.sun notes CNet reporting on bills filed in the US House and Senate that would require all ISPs and operators of Wi-Fi hotspots — including home users — to maintain access logs for 2 years to aid in law enforcement. The bills were filed by Republicans, but the article notes that the idea of forcing data retention has been popular on both sides of the aisle over the years. "Republican politicians on Thursday called for a sweeping new federal law that... would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates. ... Each [bill] contains the same language: 'A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user [i.e., DHCP].'"
You see, that applies in criminal cases but not civil, and not in all situations at all.
If you allow them to step in your house at all, they can basically arrest you for anything they want at that point AND take you to court for anything they find.
This is completely legal, and for valid and legitimate reasons too. so don't think they're going to just let that go.
Just like drinking ages are set by the States too. And all of them are 21. It is mere coincidence that the Feds threatened to withhold highway funds unless they got their way.
"Weird... because I'm pretty sure if you're browsing the web, you're communicating across state lines"
Communicating yet, but, does that actually constitute interstate commerce? I thought that was all the feds were supposed to be able to legislate?
I think this applies here.
http://www.veiled-chameleon.com/weblog/archives/000166.html
[Clarence Thomas] said that the women's marijuana was never bought or sold, never crossed state lines and had no "demonstrable" effect on the national market for marijuana: "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything," including "quilting bees, clothes drives and potluck suppers." Thus "the federal government is no longer one of limited and enumerated powers."
Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
Ok, so everyone thinks that this is going to be a big deal. How many of you have actually read Title 18 section 2703 (you should also read chapters 119 and 121 in their entirety as the include definitions)?
from Title 18, Chapter 121, Section 2711:
(2) the term "remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system;
now, I don't know about you, but my WiFi router is not for the PUBLIC. Of course IANAL, but it appears that I do not operate a "remote computing service" nor am I a provider of an "electronic communication service". I provide no service to anyone outside of my family.
So, I fail to see the trouble here. They want ISPs, and WiFi hotspots (ie: Restaurants, Coffee Shops, etc.) to retain records. Note how it does not say you must OBTAIN information from your customers, just retain what information you have.
One other thing that I have not seen mentioned yet. MAC addresses are not guaranteed to be unique, only unique on a particular LAN. There is no guarantee that no two wireless devices that ever connect to your WiFi will not have the same MAC address. This coupled with the fact that there is no way to track a MAC address to a particular person....
Really, why do we even bother.
--
Duverger's Law: http://en.wikipedia.org/wiki/Duverger's_law
We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
Pornography is not illegal according to the U.S. supreme court, unless the participant can be verified to be under 18.
Nudity is not illegal regardless of age, again according to the U.S. S.C. which is why nude photos of children are sold in public stores.
I have nothing to hide or fear.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
Senators and Representatives. There you go, it doesn't get much simpler than that.
1. Follow the links
2. Cut and paste the above post
3. Slap your name on it
4. ??
5. Profit! We as a nation will profit from having one less retarded bill rammed through.
You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
Yes, because both democrats and republicans happen to agree that logging is needed.
LOL. It actually DOES take a law degree. Words in a legal sense quite often have a different 'meaning' than their use in the common vernacular.
What if I told you that Congress can regulate the amount of wheat grown by a farmer solely for personal use, on the grounds that his action affected interstate commerce because he would not be buying wheat on the open market? Even if it would take hundreds of farmers doing the same thing to affect the supply and demand equation?
http://en.wikipedia.org/wiki/Wickard_v._Filburn
Disclaimer: I am not a lawyer. This is not legal advice.
http://thomas.loc.gov/cgi-bin/bdquery/z?d111:s.00436:
http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.01076:
http://news.cnet.com/8301-13578_3-10168642-38.html RIAA, MPAA, Time Warner, et al.