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DOJ Seeks Mandatory Data Retention For ISPs

Hugh Pickens writes "Computerworld reports that in testimony before Congress the US Department of Justice renewed its call for legislation mandating Internet Service Providers (ISP) retain customer usage data for up to two years because law enforcement authorities are coming up empty-handed in their efforts to go after online predators and other criminals because of the unavailability of data relating to their online activities. 'There is no doubt among public safety officials that the gaps between providers' retention policies and law enforcement agencies' needs, can be extremely harmful to the agencies' investigations,' says Jason Weinstein, deputy assistant attorney general at the Justice Department, adding that data retention is crucial to fighting Internet crimes (PDF), especially online child pornography. Weinstein admits that a data retention policy raises valid privacy concerns however, saying such concerns need to be addressed and balanced against the need for law enforcement to have access to the data. 'Denying law enforcement that evidence prevents law enforcement from identifying those who victimize others online,' concludes Weinstein." Think about how much evidence is denied to law enforcement by envelopes, opaque concrete, and criminals' failure to shout.

247 comments

  1. Another unfunded mandate by snobody · · Score: 5, Insightful

    So, now ISPs all have to buy terabytes of hard disk space to store all of those log files just in case some nosy prosecutor comes a callin'? ISPs might be better off threatening to just shut down operations and leave their customers disconnected to get the point across to the lawyers in congress that they need to consult with the people they're trying to regulate before throwing impractical solutions at them.

    1. Re:Another unfunded mandate by Anonymous Coward · · Score: 2, Insightful

      As an unfunded mandate it would effectively be a stealth tax. Either the firm eats the cost and lowers returns or they raise prices. No matter what the firm does someone will pay (either investors or customers). I doubt the politicians will support an effective tax increase in the current environment, especially given that it would not help with the deficit.

    2. Re:Another unfunded mandate by JBL2 · · Score: 2

      Why not send the data to "law enforcement" in real-time, and let them worry about storing it?

    3. Re:Another unfunded mandate by olsmeister · · Score: 1

      Why not send to /DEV/NULL? I think the real issue here is the fact that the information is being kept, and not necessarily the mechanics of how it is done.

    4. Re:Another unfunded mandate by stonewallred · · Score: 5, Insightful

      How about passing a law that states no one may sweep, mop, dust or clean any building because of possible evidence? And don't forget to make it illegal to wash or destroy any clothing because it may contain evidence to a possible crime. Not to be an ass, but catch them in the act, catch them through stings or give the fuck up. Ain't no business of the government what I am looking at on line, and the fact they want to hold those records, forcing the ISPs to pay for it (which in turn forces me to pay for it) is fucking retarded just like GWB and Obama's love child would be.

    5. Re:Another unfunded mandate by enaso1970 · · Score: 2

      The NSA will help - they need something to put on that 150 yottabyte system they're thinking about. Or are they planning the world's greatest porn repository ever in a socialist takeover of another great American business. In which case they may need more space soon.

    6. Re:Another unfunded mandate by Chrisq · · Score: 5, Funny

      Why not send to /DEV/NULL? I

      because my system is case sensitive and you would fill up the hard disk very quickly.

    7. Re:Another unfunded mandate by Charliemopps · · Score: 1

      Speaking from experience an ISP with a couple of million customers keeping DHCP log files for all of them, stored in flat text files, come to about 1-2gig per day. Stored in a proper database, they are <100mb per day. That's all I've seen Law Enforcement ever ask for "Who does was using this IP address on this date?" and the DHCP logs cover that.

      The problem isn't the storage. The problem is the retrieval. You've got to remember DHCP logs go by mac address. Finding out which customer was on a paticular piece of equipments MAC address 2 years ago is virtually impossible. Equipment moves, people move, things break and new stuff gets bought.

      There are other solutions, PPOE for example... but that would require a lot of ISPs to make some huge changes to their infrastructure.

      Basically, what I'm saying is, 2yrs of log files wont do them a whole lot of good in most cases.

    8. Re:Another unfunded mandate by commodore6502 · · Score: 1

      1) This new interface sucks. First my classic, text-only settings have disappeared which slows donw loading a LOT. Second the Menus and "reply" buttons do not appear on Mozilla Seamonkey or Opera. I have to set the "mask as internet explorer" flag to trick slashdot into believing Mozilla/Opera are IE. Bogus.

      2) Back to topic:

      I suspect the monopolies like Verizon, Comcast, Cox, Cablevision, Time-warner, and so forth can easily afford the extra burden. Who the unfunded mandates will hurt are small time companies like Mom&Pop ISP or Glendive Montana ISP.

      And where the heck if the plain text format option? I want paragraphs, not one giant runon sentence. (sigh) Insert break; insert break; insert bold; insert break.... feels like I've taken a step back to the old pre-windows word processors where you needed to use codes to format. Bogus squared.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    9. Re:Another unfunded mandate by Danathar · · Score: 1

      Is it 2Gigs after compression?

    10. Re:Another unfunded mandate by Anonymous Coward · · Score: 0

      How secure would these logs be ? Are ISP's going to have to treat these logs like crime scenes to prevent tampering etc.? Adhere to evidence standards? Are they going to have to provide redundant copies in case of hardware failure ? Provide audit information of any users who may have been able to update or view logs ?

      I think there are more potential expenses besides storage space.

      How useful would two year old logs be anyway?

    11. Re:Another unfunded mandate by lamber45 · · Score: 1

      Postgres has data-types for storing MAC addresses and IP addresses: manual section 8.8. Now the only other thing you need is a table of equipment by MAC address and time-range... although maintaining that table would be a big unfunded mandate if you don't do it already.

    12. Re:Another unfunded mandate by bleh-of-the-huns · · Score: 2

      More so, logging via MAC address, which is a modifiable identifier is a moot point. For example, I have FIOS, I have long since replaced my actiontec router (three times actually), and use an openbsd box as my primary gateway/firewall, for the DHCP to function, I had to forge the mac address of the actiontec on the openbsd box.. easy enough to reset, and when they show up, the actiontec router I have will have a different mac address. Obviously, this will not remove all suspicion since the MAC is associated with my account, but it could introduce enough doubt to screw with court orders and potential lawsuits..

      --
      I came, I conquered, I coredumped
    13. Re:Another unfunded mandate by Anonymous Coward · · Score: 0

      i've got one really long hyphenated word for you: grassroots-ad-hoc-mode-wifi-network-as-a-response-to-unwanted-impending-governemnt-regulation-and-corporate-qos...

      let's wget -m the whole internet and start over.

    14. Re:Another unfunded mandate by eternalelegy · · Score: 2

      mkdir /DEV && ln -s /dev/null /DEV/NULL

      I'm Winston Wolfe. I solve problems.

    15. Re:Another unfunded mandate by Anonymous Coward · · Score: 2, Insightful

      You seem to be laboring under the delusion that politicians' support depends on the economic effects of a proposed measure, rather than on popular perception.

      Most people will see this as "Yay, gonna get them child pronoguffers now!" and completely ignore the economic effects, so politicians will either stand for it, or use such excuses as "keepin' tha gubbermint out of your damn bizness" to oppose it. Nobody will talk about the economic impact, because most voters don't want to hear about it.

    16. Re:Another unfunded mandate by poetmatt · · Score: 1

      it won't pass.

      companies will fight this bigtime, and it incurs a huge cost upon the companies (and a huge liability).

      So unless government wants to pay for it I highly doubt the ISP's will be willing to do it.

    17. Re:Another unfunded mandate by mlts · · Score: 1

      Those logs will be REALLY useful to a bunch of people, and not just LEOs.

      Take lawsuits on a large scale. It would be trivial to get a litigation group together to demand ISP logs, riffle through them and build massive copyright lawsuits on the ISP's customers based on sites visited, and perhaps info downloaded. Remember: if it swings past a jury, it works, so it doesn't have to be CSI level of evidence for proof, just something to show it is more likely Joe Sixpack downloaded a movie than not likely. So, someone could make a litigation corporation whose sole job is just going through ISP logs and suing people, then maybe handing a penny or two on the dollar to the legitimate copyright holder.

      Of course, the criminal element would LOVE logs like this. With how some ISPs store data, security is really not on the list, because there is no ROI in keeping information locked down. However, if a blackhat got stored ISP data on a large number of individuals, it could be easily sold and used for a lot of really nasty stuff:

      1: Blackmail. Someone who works at a conservative establishment would pay big dollars of hush money to a group who would otherwise make public the fact that he often visits certain pr0n sites, his username, what subscriptions he has, and what he posts.

      2: Extortion. Blackhats could use ISP logs to find a business's customers, accounts payable, accounts receivable, suppliers, and other parties, then ask for a "protection fee", or else the business's partners would be attacked.

      Knowledge is power. By forcing ISPs to keep this information, it becomes a gold mine to a lot of unsavory types.

      As for LEOs wanting this, this just seems like a case in frying pan into fire. Once Jack Scumbag realizes that ISPs are handing all the traffic to LEOs and the LEOs are arresting people left and right, he is just going to fire up an anonymous VPN that is offshore and use that.

    18. Re:Another unfunded mandate by SuricouRaven · · Score: 1

      Depends if they just want to mandate retention of DHCP logs. Useful as it is to be able to match up an IP address to a customer, they may be thinking of other things they could request. For example: "Jonny Pervert is probably a pedophile. Please tell us every email address he has sent email to in the last two years, the subject line and the size and filenames of attachments, so we can see if he emailed any child porn to his pedophile friends."

    19. Re:Another unfunded mandate by SuricouRaven · · Score: 1

      And advertising or market research. If an ISP has extensive monitoring and logging installed anyway, why not? They are paying for it, they'd like to see some return. Just runs the logs through a minimal anonymiser and sell to a market research agency, so they can ask important questions like 'do people who visit Apple's website tend to google for information on Android phones first, or just go straight to the iPhone?'

    20. Re:Another unfunded mandate by calmofthestorm · · Score: 2

      +1 creepy

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    21. Re:Another unfunded mandate by TRS80NT · · Score: 1

      My ISP at home is literally a Mom and Pop operation.
      I'm going to miss them.

      --
      Lorem ipsum dolor sit amet.
    22. Re:Another unfunded mandate by Magic5Ball · · Score: 2

      Things would be far scarier if the government did want to pay for it. Consider a government-provided storage cloud in which all logs must be stored.

      --
      There are 1.1... kinds of people.
    23. Re:Another unfunded mandate by Anonymous Coward · · Score: 0

      Terabytes? More like Pedabytes.

      Hmm, sounds kinda funny now that I think about it, needing to buy Pedabytes of storage for something they are trying to use Pedophiles to justify.
      What ever happened to the god old days of cops and law enforcement in general actually doing their jobs and finding criminals instead of trying to get everyone else to do it for them? Hell, most of the cops where I live flat out refuse to do their jobs unless the media gets involved or there is money in it for them, which is why they will ignored a violent thief with witnesses to the crime to go write someone up for smoking pot.

    24. Re:Another unfunded mandate by Magic5Ball · · Score: 2

      From the testimony:
      "They [logs] may be the only way to learn, for example, that a certain Internet address was used by a particular human being to engage in or facilitate a criminal offense."

      It's 2011. I want to believe we've moved on from the misconception that IP addresses attach to warm bodies.

      --
      There are 1.1... kinds of people.
    25. Re:Another unfunded mandate by SCHecklerX · · Score: 1

      Indeed. If the authorities suspect activity, make the law so that the ISP must *THEN* begin keeping logs about *THAT* particular machine. Notice I say machine here, and not person. Also, even with a lease reservation, you can't be 100% guaranteed that you are seeing traffic from the machine that you think you are.

    26. Re:Another unfunded mandate by bananaendian · · Score: 1

      So how much would it cost to run even a low level log of all traffic (http requests? email headers? attachement file names?). I wouldn't even know how to begin to estimate.

      However I do know what storage costs and despite all the hoopla about cheap consumer USB-harddrives, real storage is still expensive.

      Recently I looked around for the cheapest possible reliable enterprise storage for a medium size company and their daughter companies.

      A Proliant DL380 with an expansion bay and second raid controller for 8 more disks could conceivably cheaply hold 16x500G disks, 4x4 RAID5 = 6TB of usable space, with a cost of ...

      --
      www.tribalnetworks.org - helping tribal people around the world to own their own means of high-tech communications
    27. Re:Another unfunded mandate by Ossifer · · Score: 1

      it won't pass SCOTUS, even despite being stacked with conservative ideologues.

    28. Re:Another unfunded mandate by Jaxoreth · · Score: 1

      grassroots-ad-hoc-mode-wifi-network-as-a-response-to-unwanted-impending-governemnt-regulation-and-corporate-qos...

      Grassroots ad hoc wifi network, spread across the nation
      Forced response to DO-NOT-WANT impending regulation
      Now a source of governmental chronic irritation,
      Grassroots ad hoc wifi network, spread across the nation!

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    29. Re:Another unfunded mandate by Anonymous Coward · · Score: 0

      So, now ISPs all have to buy terabytes of hard disk space to store all of those log files just in case some nosy prosecutor comes a callin'?

      ISPs might be better off threatening to just shut down operations and leave their customers disconnected to get the point across to the lawyers in congress that they need to consult with the people they're trying to regulate before throwing impractical solutions at them.

      Aside from obvious privacy concerns you didn't mention - I think your probably underestimating internet usage. For 2 years time the TB range might work for my grandmother - but any nerd, gamer, or even the lowly bloggers/youtube surfers will require PBs at least - each. In fact - I almost hope they go through with it in spite of the severe opposition I have of it for privacy's sake just to stick it to Comcast and Time Warner Cable - people would simply disconnect and change providers before they would tolerate higher monthly fees which they would be sure to try and pass along, resulting in at least 90% of their customer base switching providers or just canceling the service before anyone realized it had to be stopped so people could stay in business, probably too late to save them with everyone on DirectTV and the like - but just in time for a switch to widespread adoption of satellite internet.

      Then again - it could just be politicians trying to scam the cable companies for more money.

    30. Re:Another unfunded mandate by element-o.p. · · Score: 2

      Two words: "Chilling Effect".

      It's supposed to be hard for the government to snoop on ${Random_User}. That is what prevents the government from going on fishing expeditions, which is definitely a Bad Thing.

      As a simple example, I have been rather put off by the policies TSA put in effect last November, and have visited quite a few web sites protesting those measures in the last couple of months. I also have an interest in amateur model rocketry, and recently discovered that there were people building "High-Powered" rocket engines out of sorbitol, salt peter and PVC pipe, so I've recently spent quite a bit of time researching that topic, too. If you can build a rocket, you can build a crude missile by adding an appropriate payload (granted, there's also the topic of guidance systems, but that's optional -- someone so inclined could still do a lot of damage with an unguided missile). So, a paranoid government might erroneously (and make no mistake, it WOULD be an error) come to the conclusion that my recent search history suggests I might be a budding terrorist.

      The Fourth Amendment exists for a reason. There are already documented cases of LEOs snooping through confidential records for other than "official" business (google it), so if abuse is already occurring, you can bet it will only get worse when there's no oversight. I, for one, don't want to have to worry how a couple of innocent searches can be concatenated to paint an incorrect, but sinister, picture of me.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    31. Re:Another unfunded mandate by DragonWriter · · Score: 1

      So, now ISPs all have to buy terabytes of hard disk space to store all of those log files just in case some nosy prosecutor comes a callin'?

      Don't worry. I'm sure the big ISPs will lobby for a tax credit to support that operations (whose amount will probably exceed their actual retention related costs) so that that the information retention isn't a burden on them.

    32. Re:Another unfunded mandate by VolciMaster · · Score: 1

      it won't pass SCOTUS, even despite being stacked with conservative ideologues.

      That's exactly WHY it would fail SCOTUS.

    33. Re:Another unfunded mandate by Ossifer · · Score: 1

      I wrote "conservative" not "libertarian". Big difference--the former approves of strong government control over the people.

    34. Re:Another unfunded mandate by moortak · · Score: 1

      Then they'll add a line item compliance fee and still advertise the lower rate.

      --
      Xavier Rabourdin for president 2012
    35. Re:Another unfunded mandate by AHuxley · · Score: 1

      Re send the data to "law enforcement" in real-time, and let them worry about storing it?
      That would spoil the anonymity feel of the network and the bad people would go greater lengths to hide their actions.
      Better to make people feel like they are an ip lost in millions protected by privacy laws and courts.
      Fusion centers and the local NSA roll out once your noticed.
      Recall the reaction to Room 641A, the press and political leaders could drop the issue fast enough.

      --
      Domestic spying is now "Benign Information Gathering"
    36. Re:Another unfunded mandate by noidentity · · Score: 1

      So, now ISPs all have to buy terabytes of hard disk space to store all of those log files just in case some nosy prosecutor comes a callin

      No, you'll have to buy that, by having to pay more for your internet connection. But it's for your own good. This will protect you from yourself.

    37. Re:Another unfunded mandate by vuffi_raa · · Score: 1

      As an unfunded mandate it would effectively be a stealth tax.

      It isn't in any way a tax, The government isn't getting any of the money, it is a regulation. It could be considered a stealth tax if say, the government was getting this information somehow now and it changed policy requiring ISP's to pay for the service. The retention is a further expense and not a tax- taxes are not punishments and every dollar that you don't want to have to spend isn't a tax just because you want to call it that.

    38. Re:Another unfunded mandate by Anonymous Coward · · Score: 0

      You mean petabytes monthly. Terabytes is nothing. I have talked to ISPs from time to time on DDOS tracking and shutting them down, and they said there is no way to keep all that data; is it only a cost issue because it is not a technical issue.

  2. This'll end well... by Onuma · · Score: 3

    The government basically has the ability to snoop into about any portion of your life, and some people want to INCREASE that ability? No thank you. He who sacrifices freedom for security deserves neither.

    --
    What else can happen when an unstoppable force collides with an immovable object?
    1. Re:This'll end well... by h00manist · · Score: 1

      Just link the monitoring of the public to the monitoring of the government.

      --
      Build your own energy sources from scratch. http://otherpower.com/
  3. Warrant? by sureshot007 · · Score: 3, Funny

    I think as long as they have strict rules for the burden of evidence for a warrant to see these records, I wouldn't be opposed to it. I don't think that police should have free range over all of this data though. I think this data should be used to help convict people, not discover them in the first place.

    1. Re:Warrant? by characterZer0 · · Score: 5, Insightful

      I have a problem with it. The want to demand that my ISP increases their costs (which naturally will be passed on to me) to store data to be used against me, despite that I have done nothing illegal. And it will do nothing to catch criminals, because they can just pass all their data through an encrypted tunnel to a VPN provider in another country. Waste of my money.

      --
      Go green: turn off your refrigerator.
    2. Re:Warrant? by SuricouRaven · · Score: 1

      It'll help catch the stupid criminals, at least. Why go after the smart ones when the convictions-per-dollar rate is so much better catching the dumb ones?

    3. Re:Warrant? by Anonymous Coward · · Score: 0, Insightful

      I think as long as they have strict rules for the burden of evidence for a warrant to see these records, I wouldn't be opposed to it. I don't think that police should have free range over all of this data though. I think this data should be used to help convict people, not discover them in the first place.

      Do you honestly think law enforcement would use that kind of restraint? I know that some prosecutor, looking to build his political career (think gubernatorial "law and order" candidate ), will troll the logs after getting them for some vague "tracking down a 'predator'" reason and he'll be looking at anything and everything.

      Oh, read an article about pot. Gotta look at him closer!

      Ooooooo! This guy looked at "teen porn"! Let's see if any of that "teen" porn went below 18....

      And this guy looking up guns that have magazines larger than the state law allows, let's have a look around his house.

      And THIS guy is buying Halide lights supposedly for his reef tank. I wonder if his reef tank is really a reefer garden in his basement.

      It goes on. It has happened. Whenever law enforcement gets powers or gadgets (infrared cameras for example) they'll abuse it. And if they find nothing, Oh well! Move along citizen or "you'll be in BIG trouble!"

    4. Re:Warrant? by SuricouRaven · · Score: 3, Interesting

      We had a recent incident in the UK where a full armed assault team were sent in to raid a guina-pig hut. The high-powered heaters used to keep the pets warm in the winter made the hut glow in infrared, and a building that hot usually means a small pot farm. So in go the SWAT team, only to find out with great embarassment that there were no drugs to be found. Just comfortably warm guina-pigs. It ended up with the department head having to go to visit the family and give his personal apology for the mistake.

    5. Re:Warrant? by thejynxed · · Score: 2

      They already catch the stupid criminals without this.

      This is nothing but security theater, just like it is over in Europe.

      Oh wait, it's the 10 year anniversary of 9/11 this year, coincidence? I think not.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    6. Re:Warrant? by Anonymous Coward · · Score: 3, Insightful
      That would never happen here in the US!

      (In the US, the family would have been forced to watch as the police killed the guina-pig (because it tried to bite one of the officers), and then been forced to stand outside in the cold while the police tore the house apart looking for anything illegal. And when it was all over, there would definitely not have been any apology, and the family would be left needing a new door.)

    7. Re:Warrant? by intheshelter · · Score: 2

      Because they adhere to the strict letter of the law as it is, right? Warrantless wiretaps? Secretly funnelling all telecom traffic to the NSA? Bypassing FISA courts?

      Seriously? You actually trust the government to adhere to the law?

    8. Re:Warrant? by cold+fjord · · Score: 4, Interesting

      Most things that the government requires add costs: various forms of record keeping, emission controls on automobiles, workplace safety devices, etc.

      Substitute accountant for ISP and you could make the same argument, including most of the "clever criminals can outsmart law enforcement" argument.

      How is this really different?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    9. Re:Warrant? by Anonymous Coward · · Score: 0

      There are a lot of logs that help catch the dumb ones; we do not need more stuff that almost never would be used for legit law enforcement, but likely just sit there and be a fat, juicy target for civil cases and blackhats wanting to virtually "case a joint" before attacking it.

      Against the dumb thieves, we already have Apache logs, IIS logs, Exchange mail logs, system logs, router packet logs, firewall logs, application level logs, database level logs, pretty much everything up and down the stack. The low hanging fruit also get nailed through VPNs, such as the guy who got into Palin's account. Yes, he was using a VPN, but the VPN just turned over the IP to IP matches.

      LEOs are seriously shooting themselves in their own foot with this proposal. In reality, what will happen is that the dumb crooks will get smarter and start using VPN services, likely offshore, likely in countries that do not give a rat's ass about US law of any kind. Then, instead of passive monitoring and intel gathering, the game jumps to either hijacking endpoints, or actively stepping in and forcing ISPs to block VPN services.

      Forcing ISPs to block VPN services will result in a cat and mouse game.

      IMHO, I say leave the status quo the way it is. Most dumb people don't even care about HTTP versus HTTPS, but if it becomes commonplace that ISPs are actively eavesdropping and handing the logs over, they will start covering their tracks, making it far harder for LEOs to present a case in court other than the "he uses encryption, he must be guilty!" type of debate.

      Bad idea all around. Yes, the CP guys should be dealt with in ways unprintable, but forcing ISPs to save all traffic is just going to make it harder in the long run.

    10. Re:Warrant? by commodore6502 · · Score: 2, Insightful

      >>>Move along citizen or "you'll be in BIG trouble!"

      Just because a cop orders you to do something, does not mean you have to comply:

      "Open your trunk!"
      No.
      "Let us in your house!"
      No.
      "Stop camcording me!"
      No.
      "Let me search your bags and stick my hand on your breast!"
      No.

      Learn to say no to unconstitutional orders from the jackbooted officers. And if the cops lose control and beat you, well you just won a multi-million dollar lottery. Celebrate.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    11. Re:Warrant? by blueg3 · · Score: 1

      And it will do nothing to catch criminals, because they can just pass all their data through an encrypted tunnel to a VPN provider in another country.

      This argument isn't correct. You assume that every criminal will circumvent this measure. That ignores all the criminals who don't (obviously). Given that there are a ton of great ways out there already to avoid getting caught doing bad things on the Internet and lots of criminals don't bother with any of them, it seems likely that lots of criminals also won't bother circumventing ISP logs.

    12. Re:Warrant? by Anonymous Coward · · Score: 1

      no different. no constitutional authority for any of it.

    13. Re:Warrant? by Anonymous Coward · · Score: 0

      wrong. very wrong. as an example. there is a database of known child porn - images which have been verified and attached to specific persons (victims). these images are hashed and the larger isps are able to report directly to the NCMEC when one of these images is found. So in effect they are sniffing your traffic with no warrant prior to you taking posession of said data. There was a long article on this technology which I can't quite keyword out of google - I believe it was by a researcher in vermont.

      Now you say to yourself.. oh its just kiddie porn they deserve what they get. Thats very short sighted. Any file can be tagged and claimed by the governemnt to be child porn thus resulting in a report to the national data center. Once there, the agency in question (cia? nsa? fbi? dos? etc) is able to track who has certain documents and where they are getting them. No warrants, no nothing. One can only imagine the databases that will be developed against 'enemies' of certain politics/policies/programs.

    14. Re:Warrant? by Anonymous Coward · · Score: 0

      I think as long as they have strict rules for the burden of evidence for a warrant to see these records, I wouldn't be opposed to it. I don't think that police should have free range over all of this data though. I think this data should be used to help convict people, not discover them in the first place.

      Right. Because AT&T (and others?) asked for warrants when the set up the illegal wiretapping "Spy Room" infrastructure that the NSA asked them to.

      It's like a having a large standing army (which the US Founding Fathers were against IIRC): if it's there you'll be tempted to use it. If it's not there, you have to justify getting it up and running.

      Better to have a moderate speed bump and hassle of needing a justification. Remember, police work is only easy in a police state.

    15. Re:Warrant? by Anonymous Coward · · Score: 0

      "I don't think that police should have free range over all of this data though."

      And how are you going to stop them once they start overreaching or abusing again? Once the law is on the books, any attempt to repeal it is going to be met as someone support "those sick criminals."

      Your naive opinions are baffling. YOU DO NOT THINK LIKE THEY DO. These law enforcements people are not there to improve society, they are there to make their careers busting people. They want to make their careers, and if you're in their way, boom, you get labeled a pedo. This "hampering" of law enforcement efforts do not come because they have actually FOUND anything, it's because they suspect something and want to make their case, including sweeps of people they can screen (iow, not investigating but can now run a data sweep and find you).

      btw, I've got a bridge to sell you. If you cannot recognize such a blatant power grab, you have no business offering your naive opinion. Really, "I think..." THINK HARDER AND MORE. Download that iffy patch? Criminal. Went to that rapidshare link that you accidentally hit? Criminal. Download something on fileshare, then realize ti was something else? Criminal. Use Linux? Get databased as a potential criminal. Oops, 3 hits, better investigate your further. Ooo, he visited that web site hongfire, there was that ad we deemed illegal that was served to him. Criminal.

      Strict rules? Are you kidding me? This is a nation which defines drug possession a violent crime, under the 1984 bail reform act. This resulted in California passing a 3 strikes law against "violent" offenders. How many drug addicts are you supporting in jail long term, who get out, repeat, get sent back in for minor drug offenses long term? Or who came out more crazy than they went in? The number, if I recall, is in the hundreds of thousands currently, and in the millions that will cycle through or have cycled through, in a single state.

      btw, I give a shit about this. This nation of laws we supposedly has repeatedly changes the definition of jurisdiction and commonplace layman's terms, and giving exceptions to large corps. Child porn is often extended to include drawn pictures. Child porn also includes the PRESUMED DEPICTION of a minor, whether they are or not. Child porn includes, per the FBI's own website, SEXUALLY SUGGESTIVE pics.

      And do you know who they go after? Not Hollywood or the MPAA who put up pop singers in bras onstage, or sell DVDs and BluRays of naked kids or a loli depiction, no, they go after some guy looking at some extreme manga import. Or someone who downloads a short, and realizes it's porn, then deletes it, and then gets hammered for having child porn FOR EVERY FRAME IN THE FILM AS A COUNT OF A PICTURE.

      So besides the redefinitions, the overreach in power, the inequitable focus going after people, not the mass, rich peddlers, you have jurisdiction. What a shithole mess that is. Strict rules? There are no strict rules. SCOTUS has determined that obscenity is A LOCAL ISSUE. What is a problem in one area, is not in another, but you can be charged with wire transfer (anything over state lines which is easy as shit), and if they don't get you there, they'll ship your ass to where it was sent, and they'll prosecute you there. Hell, this is a nation where the states have so many laws as to who you can or cannot have sex with (16 age of consent, oops, not here, it's 18, no, it's 14 if you're 17, but 16 but if she blows you you're a sick freak because you're 19 and you're going to jail for 8 years, hidden camera in the room, you're a trafficer of child pron too), and you think that going into media things are going to get better and go more smoothly?

      These laws are nothing more than to go after the PERCEIVED sick freaks. You know, the ones that don't have sex but look at dirty pics. The ones that don't actually fuck their girlfriend's ass hard at night, but looks at a freaking video clip of a pair of tits bouncing. The guy who has a wife or a mistress or girlfriend does a dozen of actual things to her in a given sexual encounter that occurs in reality than the mental imaginations of some college student masturbating to some online pictures.

      But hey, jail him. He's SO much a freak.

    16. Re:Warrant? by Anonymous Coward · · Score: 1

      "I think this data should be used to help convict people, not discover them in the first place."

      Your innocent and ignorant stance is at once disturbing and sickening.

      Discovering is EXACTLY how this will be used, regardless of what the
      law says. What you think proves nothing except how little you know
      about the real world.

      Look at the privacy laws in Germany. They are very strict. Why ? Because the
      Germans know from experience how government can and will behave
      ( example 1 : Nazi government. Example 2 : The government in the former
      GDR ( East Germany ) which had a branch of the police called the "Stasi" ).

    17. Re:Warrant? by Hatta · · Score: 2

      Is that really any more outrageous than the police raiding a home and finding pot? In either case, the greatest threat to the public is the police.

      --
      Give me Classic Slashdot or give me death!
    18. Re:Warrant? by kryliss · · Score: 1

      Don't forget that even though no drugs were actually "found" they would have made sure that some were found even if they had to put them there themselves. Just to save the police from looking stupid.... and yes.. every guinea-pig would have had a condom full of coke in it as well as carrying a concealed weapon......

      --
      --- If the bible proves the existence of God, then Superman comics prove the existence of Superman.
    19. Re:Warrant? by Anonymous Coward · · Score: 0

      It's not really much different from other government regulations in that they that also drag down the economy... and that's a bad thing. Sure, some of those regulations make sense; others make less sense, and they all impose costs.

      The better halves of the Republican and Tea parties (to say nothing of the Libertarians) would like to see more policies like that viewed in a skeptical light. Even Obama claims he'd like to trim them as well (though some of the guidelines he's actually issued for that have basically included a wildcard figure so any government agency can make up a completely political intangible "savings" figure for effecting social justice, and the reform is actually meaningless.)

    20. Re:Warrant? by SuricouRaven · · Score: 1

      "In reality, what will happen is that the dumb crooks will get smarter and start using VPN services"

      Possible. But, hypothetically, if I were an internet pedophile, I'd look at Freenet first. Possibly Freenet via a VPN if espicially paranoid.

    21. Re:Warrant? by Anonymous Coward · · Score: 0
    22. Re:Warrant? by countertrolling · · Score: 1

      It's very difficult to celebrate from the grave

      Too bad a call for action is illegal, otherwise I would say the time for talk is over.

      --
      For justice, we must go to Don Corleone
    23. Re:Warrant? by StikyPad · · Score: 1

      The want to demand that my ISP increases their costs (which naturally will be passed on to me) to store data to be used against me, despite that I have done nothing illegal.

      Yeah, man! Where does this end? Next thing you know they'll be taking money straight out of our paychecks to build prisons and shit!

    24. Re:Warrant? by sjames · · Score: 1

      It's a LOT of data and contrary to claims, much of it is not recorded at all now. At least with the accounting, it really is data that was already tracked so the new laws really just made them wait longer before shredding it.

      Emission controls and workplace safety are internalizing externalities and in the case of safety, spelling out how to not be negligent.

      In contrast, this is demanding new infrastructure to do something never done before so the police can conscript and deputize the ISPs.

      I say we start with a pilot program. We can send the legislature's and DOJ's browser caches to wikileaks.

    25. Re:Warrant? by SuricouRaven · · Score: 1

      They can't be sniffing all the traffic - reassembling TCP on that scale just isn't practical. Far too much data. I wouldn't be surprised if there were something like this operating on email, though - as any attachment has to go through the SMTP server, it would be easy to check them there.

    26. Re:Warrant? by Anonymous Coward · · Score: 0

      Accountants already kept records (accounts). All GAP did is set a basis for rules on how to keep those records. It is only required if your company engages in certain practices or federal programs. This would be more like the police asking car rental companies to keep track of every where customers drove their cars just in case the police want the info. With GAP and SOX the information and additional rigor is actually a benefit to the company as the data kept is relevent to the business.

    27. Re:Warrant? by Just+Some+Guy · · Score: 1

      Substitute accountant for ISP and you could make the same argument, including most of the "clever criminals can outsmart law enforcement" argument.

      Substitute telco for accountant and your argument evaporates. Tinfoil hat theories aside, the phone company only tracks your connections to their system and not the content or usage of those connections. They're not required to track who you actually spoke to ("hey, Mom, the kids want to talk to you" maps to "client opens a connection to thepiratebay.org") or the amount of traffic the connection actually generates (number of transmitted voice packets maps to number of content packets).

      Once I've called a number and established a connection, the telco doesn't know (or care) whether I'm jabbering a mile a minute to Becky in Accounting or if I've been put on hold for 45 minutes with Tom in Support. Neither do I expect my ISP to log that after I connected to them I exchanged 1,753,064 bytes with slashdot.org.

      --
      Dewey, what part of this looks like authorities should be involved?
    28. Re:Warrant? by Anonymous Coward · · Score: 0

      Most things that the government requires add costs: various forms of record keeping, emission controls on automobiles, workplace safety devices, etc.

      Your argument is nothing but a red herring fallacy. The fact that other supposedly justifiable costs exist has nothing whatsoever to do with whether or not this one should as well. It's this type of illogical thinking that is responsible for much of the evil in the world.

    29. Re:Warrant? by Anonymous Coward · · Score: 0

      I have a problem with it. The want to demand that my ISP increases their costs (which naturally will be passed on to me) to store data to be used against me, despite that I have done nothing illegal.

      It also perverts the "free-market" even further towards the richest and most powerful as they are the ones who are able to absorb all the extra cost.

      If you thought there wasn't much competition in the ISP market now, see how little there will be as the costs to operate one increase due to regulations like these.

    30. Re:Warrant? by interkin3tic · · Score: 1

      Efficiency and/or necessity is how this is different from most of those things. Obviously this comes down to a question of opinion and values, as all matters of public policy eventually do, but for me, emission controlls on cars are necessary and effective. Everyone being able to walk down the street without hacking up a lung is worth the cost of car buyers having to pay for the emission controls, and it's effective too. ISPs keeping records on the other hand doesn't seem like it will work, and I'm not convinced it's necessary. I've never heard anyone credibly say that law enforcement is powerless to stop child predators because the ISPs don't retain all their data.

    31. Re:Warrant? by element-o.p. · · Score: 1

      Why PP isn't a "+5 Insightful" is beyond me...

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

      Du'h. It's different because this is a new proposal. Drastically change the amount of reporting required of accountants, and you would get comments about that too.

    33. Re:Warrant? by Anonymous Coward · · Score: 0

      There is a fundamental concern with this kind of logging, and that is the likelihood of people's privacy being violated due to innocent association.

      For example, if a post was put on a website threatening someone, the police should have the ability to get a warrant and have the ISP turn over the logs of a SPECIFIC suspect. If they can prove a reasonable connection between an individual and a crime, then the logs of the individual should be admissible.

      On the other hand, the police SHOULD NOT be able to get a warrant and then request from an ISP the records of all the individuals who visited website ________. This would be a huge violation of people's privacy as simply hitting a web server does not establish a reasonable connection between them and a crime. Imagine the lists that would be handed over to the police should they request the logs of everyone who visited Slashdot because someone anonymously posted about wanting to "_____ _____ for ______". That would be like searching everyone who visited a convince store just because it got robbed by an individual.

    34. Re:Warrant? by Anonymous Coward · · Score: 0

      This is step one. Step two might be to take a page from Russia and make encryption software without LE backdoors illegal to possess or have installed.

      Then, at a given LE agency's discretion, presence of encryption software (as noted by encrypted traffic in logs that they cannot decrypt) is not only presumptive of a guilty conscience, but is itself a crime in itself that can be used, leveraged against citizens at will in the adversarial system of law.

    35. Re:Warrant? by Anonymous Coward · · Score: 0

      You make a good point. The problem is really that we have too many laws and mandates to catch people who aren't a threat to anyone. So many people get caught up when no crime has even been committed or there is no evidence of one. In one case a few years ago the government arrested thousands of innocent people and had to drop charges against all of them. They are not going after people who produce illegal content even (which itself is ill-defined and should only be evidence of an illegal act). They are going after people who haven't done anything at all most of the time.

      Most new laws allow for conviction of people who have not done anything at all. Don't even exist within our jurisdiction and so on. It is insanely illogical. We have gone from a country that requires malice to a country where an act itself is illegal with or without intent and it doesn't matter if you committed the illegal act.

      Someone else can get you convicted. A crime that you yourself did not commit still leaves you liable for it. For instance selling alcohol to minors or possession of child porn. Neither requires you to knowingly posses it or having sold anything. A third person can show a fake ID and you are the guilty one. The same is true for the other law(s). Mere possession should never be a crime because other people can put you in possession of something without your knowledge.

      In some cases as with various "porn" laws the mere allusion of a child or partial nudity or even non-nudity has been sufficient to gain conviction of people. The authorities could go after and gain conviction of just every parent in the country. Just broadly defined laws without specifications should be unconstitutional. In fact I believe they are and we have ignored the constitution.

      The rules are ambiguous and the law refuses to define them saying you "know it when you see it". Other laws even extent jurisdiction outside the country. Another law which is unconstitutional. I believe they have made exceptions or excuses in many cases. The states do not exist separately of one another any more. The supreme court has ruled that basically because of the interstate commerce clause the federal government has jurisdiction and can pass any law it pleases.

      In any case that is our situation today. A sad state of affairs.

      Note: I might have used slightly wrong terminology/terms here as I did this off the top of my head.

         

  4. What a surprise by Anonymous Coward · · Score: 0

    And the business of government swells even bigger, with yet even more power and revenue for the elite at the top of the pyramid to leverage for their own benefit. It's beyond the point where the claim "government for the people, by the people" should be answered with laughter -- it should be answered with anger. The cold hard truth is that a government without strict limits on power and revenue WILL grow bigger and bigger until the dam finally bursts. And when it does, who do you think will suffer the most? I'll give you one hint: it sure as hell won't be the executives who control the business of government.

  5. OK. You can record me if I can record you. by h00manist · · Score: 5, Insightful

    If records of my activities are recorded and available for investigation, and I have equal rights, those of all people should be too. Given that home users are directly linked to an ISP and all their activities can be directly monitored with a very high likelyhood of locating and monitoring the proper suspect in an investigation, they are at a distinct disadvantage when compared to others who can mix their activities with many other users in a large office or government division by hiding behind a corporate firewall, who can then respond to investigators with strong legal and technical protections as well. So all government offices and corporations should have their records kept by third parties as well, installed on equipment directly linked to their switches within their environments, and revealed to the public under FOIA and/or judicial order. In fact, for certain positions requiring high public confidence, such as public representatives, publicly traded companies, or groups managing public resources, connection of their own computers and that of their staff should be monitored and records kept for possible future breach of public trust investigations.

    --
    Build your own energy sources from scratch. http://otherpower.com/
    1. Re:OK. You can record me if I can record you. by dkleinsc · · Score: 5, Insightful

      See, you don't understand the rules right now. In the post-9/11 world, you have to remember that any attempt by the government to record you is justified until the crisis is over because it is needed to defend your freedom, and any attempt of you to record the government is serious espionage that will result in being locked up for months in solitary confinement without trial until you turn on somebody else that the government wants to prosecute but doesn't have any evidence on.

      Now, please show us your papers.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:OK. You can record me if I can record you. by jimbolauski · · Score: 4, Informative

      Or you could just use an out of country VPN to hide yourself and if your super paranoid multiple VPNs. The best part is that the pedophiles all ready do this so it won't even help the children, and will probably hurt them because more people will turn to VPN's so the traffic will be even harder to trace.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    3. Re:OK. You can record me if I can record you. by elrous0 · · Score: 1

      Oh, but law enforcement is above the law, of course. You ever seen a cop get pulled over for speeding?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:OK. You can record me if I can record you. by h00manist · · Score: 1

      Oh, but law enforcement is above the law, of course. You ever seen a cop get pulled over for speeding?

      Right. So public vehicles must have GPS trackers with code analyzing abuses such as speed, slacking off, use for private purposes, etc. The public has a right to it.

      --
      Build your own energy sources from scratch. http://otherpower.com/
    5. Re:OK. You can record me if I can record you. by Anonymous Coward · · Score: 0

      but...but...it's for the CHILDREN! What are you, some kind of freedom hater? If'n you ain't with us, then you must be gainst us! You dirty freedom-hating terrrorist, you!

    6. Re:OK. You can record me if I can record you. by Anonymous Coward · · Score: 0

      Oh good, because the crisis was over 10 years ago.

    7. Re:OK. You can record me if I can record you. by Anonymous Coward · · Score: 0

      "Until the crisis is over"? After 72 hours has passed, it's not a crisis, it's just the situation.

    8. Re:OK. You can record me if I can record you. by rastoboy29 · · Score: 1

      Well said.  Mod parent up!

  6. Hello CP card... by Anonymous Coward · · Score: 0

    It has been used to push similar laws through the legislature in Europe and its member states. Next stop on the "CP enables surveillance states" world tour: USA.

  7. Yes, let's collect evidence of crime at all levels by h00manist · · Score: 1, Insightful

    The public has a right to have evidence of crime collected and available for investigation in Washington.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  8. envelopes by UnderCoverPenguin · · Score: 3, Interesting

    ,quote> Think about how much evidence is denied to law enforcement by envelopes, opaque concrete, and criminals' failure to shout.

    I remember reading (several years ago) about a chemical that can supposedly make paper temporarily transparent .Also, seems to me that graphite and even pen ink might show up on an MRI scan. As for concrete, a portable neutron scanner should be useful to get some idea of what is inside. (No idea if such a scanner would be affordable to any but the very most important cases any time soon.)

    --
    Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    1. Re:envelopes by SuricouRaven · · Score: 1

      Old ink, of the type used in some historical documents, can show up on an xray. That's one way of recovering data from such documents when they are too old to read by conventional means. It wouldn't work on modern biro ink though.

    2. Re:envelopes by thejynxed · · Score: 1

      This is because the old ink that can be x-rayed is Iron Gall and the new stuff is made out of various plant dyes coupled with petroleum byproducts and peanut oil extracts (which is why acetone and hairspray are quite good at removing/dissolving the new style inks).

      Since there is metal compound (FeSO4 to be precise) in the old style ink, the x-ray obviously will pick that up.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    3. Re:envelopes by Anonymous Coward · · Score: 0

      You make good counter-points, but the points you are countering already make no sense. So, bravo for some very logical, intelligent reasoning, but you didn't really need to put forth the effort. After all, is there such thing as an un-openable envelope? Do people often seal evidence in solid concrete in order to hide it? (And is there such thing as non-opaque concrete?) And what do shouting criminals have to do with anything?

      And what did any of that have to do with ISPs keeping access records? All three analogies are rather nonsensical.

    4. Re:envelopes by sjames · · Score: 1

      X-rays won't, but there are other scans that might work on modern ink.

    5. Re:envelopes by Anonymous Coward · · Score: 0

      if you are the government, anything is affordable

    6. Re:envelopes by Anonymous Coward · · Score: 0

      Good 'ol Iron Gall ink.

  9. Alternative... by RussellSHarris · · Score: 1

    Instead of telling ISPs that they need to start keeping tons of information for ridiculous lengths of time so that they can produce it if they get subpoenaed, why don't they focus on making the legal system work quickly enough that it doesn't TAKE two years to ask for it? (Then again... nah, that's crazy talk. It could never happen.)

    There should not be a record, anywhere, of exactly who had which IP address when, accurate to the last IP address, person, and second, TWO YEARS AGO. Period.

    1. Re:Alternative... by betterunixthanunix · · Score: 1

      Making the legal system work faster? We have too many laws for that. Ironically, it seems that the police want this mandatory retention so that they can better prosecute people for breaking the very same laws that are responsible for our judicial slow down.

      --
      Palm trees and 8
  10. Re:Yes, let's collect evidence of crime at all lev by schmidt349 · · Score: 1

    Only if you want DC-area bathrooms to be flooded with, er, wide-stanced Republican congressmen.

  11. Don't Forget! by Anonymous Coward · · Score: 1

    This is OBAMA's "Justice" Department.

    What a bunch of AssHats.

    1. Re:Don't Forget! by bughunter · · Score: 1

      Which behaves just like BushCheney's "justice" department, which acted just like Clinton's "Justice" department, which acted just like Bush40's "Justice" Department, which acted just like....

      The DOJ stopped 'belonging' to a president long, long ago.

      --
      I can see the fnords!
    2. Re:Don't Forget! by Cronock · · Score: 1

      Yeah. And the USA PATRIOT Act under Bush was so much less intrusive. You're kidding, right? Nobody should like intrusion into our privacy, but trying to pin it on just Obama while being blind to the massive assault waged by the former administration(s) is just silly.

  12. Require data retention for supply stores also by mysidia · · Score: 1

    Shall we require walmart to stamp every inch of duct tape with a serial number, and retain records for every single customer of all items purchased, so we can map the unique id to a customer?

    Are we forgetting the real concern here? Privacy is a concern for end users. But for large ISPs, a problem is cost and technical capability of storing precise information.

    And the fact that tracking by ISPs is easily circumvented by tunnelling, proxying, and wireless.

    Due to widespread NAT, a single IP address doesn't even map to an individual user, and the collection of usage data by the ISP for any significant amount of time is basically useless.

    Since a reliable trace/track can only be performed for a short time. Once a few hours have passed, the 'tracked' computer can easily be moved. It may not even belong to the subscriber; particularly in WiFi, public place, and various other scenarios.

    1. Re:Require data retention for supply stores also by Anonymous Coward · · Score: 0

      Due to widespread NAT, a single IP address doesn't even map to an individual user, and the collection of usage data by the ISP for any significant amount of time is basically useless.

      Cue IPv6.

  13. Balanced? by Anonymous Coward · · Score: 1

    "saying such concerns need to be addressed and balanced against the need for law enforcement to have access to the data"

    What does "addressed and balanced" mean other than "paid lip service to and ignored"? If police get the data, where is the balance?

  14. The good old "child porn" excuse by dkleinsc · · Score: 5, Insightful

    especially online child pornography

    There are 3 targets for every government intrusion on civil liberties:
    1. Terrorists
    2. Child porn
    3. Drugs

    The law enforcement agencies have determined that those are the issues that can be used to push absolutely anything through. For instance, trying to catch terrorists allows them to grope everybody with absolutely no suspicion of wrongdoing. Drugs allow them to break down your door at 2 AM, guns drawn, without identifying themselves as the government, and in some cases killing people. And of course child porn and terrorism allows them to watch absolutely everything you do online. That these are plainly illegal doesn't matter, because anybody who disagrees with them must be a terrorist, child pornographer, or junkie.

    That doesn't mean those threats don't exist, but if they were serious about addressing the real risks around us they'd be focused on more mundane issues like traffic violations.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:The good old "child porn" excuse by enaso1970 · · Score: 1

      And if they break down your door at 2am, grope you, then take your computer...it's not going to turn into a good dream.

    2. Re:The good old "child porn" excuse by inthealpine · · Score: 4, Insightful

      You may have a point. I always found it interesting how the government flips shit about child porn pictures, yet we hear very little of actually catching the people who make the child pornography. I mean, how many people have the feds arrested for having child pornography where the result of that arrest ended with the subject child being rescued from whomever was taking the pictures? It's not like I feel bad for the scum bags being arrested, but if we are doing this ''for the children'', are we actually directly saving any children?

      --
      "In God We Trust, All Others Pay Cash"
    3. Re:The good old "child porn" excuse by silas_moeckel · · Score: 2

      I work in the hosting business and can tell you flat out they only care about the low hanging fruit. If they were commercial and took CC payments in any way they were all over it as it was straight forward we hand them the evidence from the site (site contents logs etc) they got the info on everybody that paid them and arrested them all. I do not think they ever got the site owners they generally came in from countries (or were proxied in) that were not to friendly to the US. Ok fine and dandy they got the idiots paying for child porn (make you want to puke not she might be 17) but hand them people uploading pictures etc and they do not care.

      --
      No sir I dont like it.
    4. Re:The good old "child porn" excuse by capnchicken · · Score: 2
      --
      A libertarian shat on my carpet once. Claimed the free market would sort it out. -Ford Prefect(8777)
    5. Re:The good old "child porn" excuse by melikamp · · Score: 3, Interesting

      Child abuse and child pornography have very little in common. If you are a child pornographer, it is virtually impossible for you to be also a child abuser: child abuse is already against the law in every jurisdiction in the world, and if you put pictures of your wrongdoing online, it's like turning yourself in. We all guess that nearly all child abuse is done by parents, who do it without any kind of incentive besides the abuse itself. They don't do it for money, they don't do it to brag. Only the stupidest of them actually take pictures, and the insane ones share them, and it stands to reason that they are also the ones who tend to get caught (another case for non-commercial distribution being legal). We can all also guess that almost all child porn that's out there is done by Russian cyber-criminals, who don't abuse any children themselves, but rather push around badly-cut RARs with compilations of 30 year old photos of children abused by someone else in the past. Of course there must be exceptions, and there are gray areas having to do with the exact legal age, but when it comes to having 8-year-olds participating in sexual acts, the picture is just as above. IMHO, it is a lie that non-commercial distribution of child porn hurts children (abusing children hurts children, and so does child porn production, as so does commercial distribution, and people who engage in any of these should be in jail), and it is true that modern child porn laws are characteristic of a police state.

    6. Re:The good old "child porn" excuse by Anonymous Coward · · Score: 0

      You left out money laundering from the usual list of targets.

    7. Re:The good old "child porn" excuse by Frank+T.+Lofaro+Jr. · · Score: 1

      You forgot intellectual property.

      --
      Just because it CAN be done, doesn't mean it should!
    8. Re:The good old "child porn" excuse by dkleinsc · · Score: 1

      That's the RIAA / MPAA / GNAA (ok, not the last one) invading your civil liberties, not law enforcement.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  15. Re:panic stations by Vectormatic · · Score: 1

    man, i've seen people say "1984 is not a manual" in their sigs, you yanks* must have read that and thought "Fine, we'll use mein kampf instead"

    *the govern-mental types anyway

    But good god, that is fucking scary right there...

    --
    People, what a bunch of bastards
  16. Maybe the threat is exaggerated? by elsurexiste · · Score: 1

    I wonder if the "unavailability of data" and "returning empty-handed" are related to an exaggeration of the current level of threat, rather than varying ISP policies. The article suggests that a lead may be useless after the logs have expired, so why are they taking so much time to find and pursue such leads, if they are so many to mandate full logging from everyone? The article doesn't say...

    --
    I rarely respond to comments. Also, don't ask for clarifications: a brain and Google are faster, believe me!
  17. Child Pornography by Tuan121 · · Score: 2

    adding that data retention is crucial to fighting Internet crimes (PDF), especially online child pornography.

    Sorry, but what is this obsession with child pornography? I don't care that someone is looking at it. Sure I care that someone took the pictures / did whatever, but so what if people are looking at it. You can call them sick or whatever you want, but there is a huge difference between some perverse fantasy and acting on it. Have you been arrested for the random dream of killing your boss? I don't think so.

    On this subject, is there anything else that is illegal to simply have possession of that can absolutely do no harm just by itself?

    1. Re:Child Pornography by SuricouRaven · · Score: 4, Informative

      Originally, just sexual abuse of children was illegal. Then it became child pornography, on the grounds that demand for it created an incentive to abuse children. After that though, it just got sillier and sillier. It's a ratchett effect - any politician can gain by tightening or extending the law in this area, but to so much as suggest weakening it would open one up to accusations of not careing about protecting children. So the laws can only ever get broader, never narrower.

    2. Re:Child Pornography by dreampod · · Score: 1

      The theory is that the production of child pornography fundamentally requires a child to have been abused. Thus by possessing such an image you are complicit in that abuse and create incentives to do so. I'm not convinced that it would be a sound theory in reality even if it weren't for the fact that the same laws criminalize non-abuse involved images produced by artists without the use of a model and fictional stories that include child sexuality. Overall the entire mass of 'child porn' laws are predicated on the theory that seeing sexual images of children will cause individuals who otherwise would not to commit sexual abuse, something that is fairly contrary to most studies.

      As for anything else illegal that does no harm just by itself, I think that snuff films are also illegal in the US. Otherwise the US is fairly tolerable (in theory) about not criminalizing depictions of criminal acts. Other jurisdictions vary greatly but are much more frequent to criminalize things that are considered harmless by the US.

    3. Re:Child Pornography by Anonymous Coward · · Score: 0

      Weapons laws, in most places, have some such corners. For example, under federal law, if you own an AR-15 (civvie version of the M16/M4, lacking full-auto capability), it's illegal to also own any of a handful of (otherwise legal) M16 parts, despite needing all of them to actually perform a full-auto conversion.

    4. Re:Child Pornography by gknoy · · Score: 1

      What if you were to lease the parts?

  18. Fixed IP(v6) addresses and end-to-end encryption by cpghost · · Score: 2

    All this data retention crap w.r.t. recording IP addresses is a moot issue, when the ISPs will move to IPv6. Everyone will have a (set of) fixed IP addresses anyway; just like our currently fixed phone numbers. For everything else, we'll have to develop or use an already existing end-to-end encrypted layer on top of IP, so that ISPs as men in the middle won't have anything to record and report to our big brother governments.

    --
    cpghost at Cordula's Web.
  19. Requiring warrants are not a guarantee of anything by h00manist · · Score: 4, Insightful

    Requiring warrants doesn't make conditions equal. Once data exists, it leaks, via legal, semi-legal, and extra-legal routes. There's no denying it happens. So if data exists on the public, data should exist on the officials. More so perhaps, as their positions require us to trust them for our basic rights to exist, but they don't need to trust us for their rights to exist. Records on citizens are usually used to prosecute criminals and/or abuse citizens rights. Records on public officials can be manipulated and forged to fake legitimacy. It'll be rare to have it leaked or released for evidence of abusive behavior. So the balance of power the records will supply has to be equalized somehow.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  20. This could be a drinking game by Ltap · · Score: 1

    "For the children" excuse, data retention, "cracking down", child molesters . . . Although I think almost all of these stories have the same elements, we would need new livers soon enough.

    --
    Yet Another Tech Blog
    (but so much more, including game and movie reviews)
    http://yanteb.peasantoid.org
  21. Draconian laws and how they are done by Anonymous Coward · · Score: 0

    Whatever draconian laws USoA implements, they europeans want to implement pointing fingers at USoA and the need of such laws. Whatever draconian laws Europe implements, they americans want to implement pointing fingers at Europe and the need of such laws. Ah, conspiracies!

  22. So, I'm curious... by Akratist · · Score: 2

    Given that it seems like quite a few cases of people who have illegal porn on their computers are caught when they take their computer in for service, why don't we just pass a law requiring that everyone has to take their computers in for random checks? Really, absurdity doesn't play a role in these decisions, does it?

  23. Re:Fixed IP(v6) addresses and end-to-end encryptio by mysidia · · Score: 1

    fixed IP addresses anyway; just like our currently fixed phone numbers

    IP addresses are a characteristic of the network equipment is plugged into, not a characteristic of the equipment itself.

    If you take your laptop to a coffee shop and plug in, your IP address will change, even with IPv6. (Unless you tunnel to a machine with a fixed IP)

    You can always tunnel to a machine outside jurisdictions that require retention.

    Though I suppose it won't be too long before governments require ISPs to wiretap your connection and make records about which subscribers are using encrypted tunnels and how often/when/where/etc

  24. Next, record all phone calls. by inthealpine · · Score: 2

    This would be like saying that all phone providers need to record all Americans phone call 'content', just in case the government wanted to investigate you for something at a later date.

    --
    "In God We Trust, All Others Pay Cash"
    1. Re:Next, record all phone calls. by Sentrion · · Score: 1

      Especially since you could use any phone line to dial a long distance number to an offshore ISP outside US Jurisdiction. Sure it would be slow and expensive, but if you're doing something illegal you would probably bite the bullet to keep the fuzz off your back.

  25. Monitoring capability is here. It will be used. by h00manist · · Score: 1

    There was no technical ability to monitor before, by government or by people or by random groups. Concrete walls, paper envelopes and quiet conversations were all reasonable guarantees of privacy by nature, there was no way to record them. Now everything can become data and be recorded and transmitted. The cost is going down and the abilities expanding. It will be done undercover, and sold on a black or gray market, legal or not, in dozens of ways. As we are all seeing. Universal monitoring capability is here, there is no putting the genie back in the bottle. I believe there is no solution. Either the people monitor all their officials and powers-that-be, or the people become monitored one-way - legally or not.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  26. publicly traded companies? by tacokill · · Score: 4, Insightful

    You do realize that publicly traded companies aren't "public" like the government, right?

    Despite the misnomer, publicly traded companies are still private entities owned by individuals (or groups of individuals). What the heck gives you the right to see ANYTHING they are doing, aside from normal regulatory compliance?

    1. Re:publicly traded companies? by GrantRobertson · · Score: 1

      Publicly traded companies have a fiduciary duty to behave responsibly with the money their stockholders have entrusted to them. Even though they are owned by a relatively small portion of the public, any member of the public could be an owner or be considering becoming an owner. Therefore, the public has a right to know what is going on inside of that company. That is the concession the company makes in order to be allowed to sell stock on the publicly traded markets. That is why publicly traded companies are required to file corporate reports. Unfortunately, many publicly traded companies have learned how to hide their activities from the very people they are asking to invest in them - the public. Therefore, even more transparency is likely needed in order to protect the public.

    2. Re:publicly traded companies? by h00manist · · Score: 1

      The stockholders have the legitimate rights to inspect their corporate representatives. They need access to reliable data on abuse of power. Also, given that many of these executives hold vast power over matters of great public influence, public infrastructure, services, etc, such as the military, security, health care, education, telecommunications, and transportation, in many cases members of the public and law enforcement need evidence of criminal activity in case there is any. There is often suspicion or criminal activity and the need to investigate and collect evidence. just as anyone else.

      --
      Build your own energy sources from scratch. http://otherpower.com/
    3. Re:publicly traded companies? by Anonymous Coward · · Score: 0

      What the heck gives you the right to see ANYTHING they are doing, aside from normal regulatory compliance?

      Buying a single share?

    4. Re:publicly traded companies? by mitchplanck · · Score: 1
      Let me rephrase this:

      You do realize that the public aren't "public" like the government, right? Despite the misnomer, the public are still private individuals (or groups of individuals). What the heck gives you the right to see ANYTHING they are doing?

    5. Re:publicly traded companies? by sjames · · Score: 1

      Their corporate charter that requires their existence to be in the public interest. Note that most of the owners will end up better informed than they are now as well.

      Note that the OP also offers that NOBODY be tracked in that way as an alternative.

    6. Re:publicly traded companies? by EasyTarget · · Score: 1

      "What the heck gives you the right to see ANYTHING they are doing"

      Straight from the 'smells faintly of fascism' big business apologist jerk handbook..

      When corporations influence over me becomes equal to my influence over them.. then I will no longer need such a right... Until then, while they lord it over us in a manner indistinguishable from a government, I will treat them with equal distrust as a government.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    7. Re:publicly traded companies? by Anonymous Coward · · Score: 0

      [A public corporation's] corporate charter that requires their existence to be in the public interest.

      Cite? I don't think the average corporate charter requires anything of the sort, except perhaps in some vague ill-defined way.

    8. Re:publicly traded companies? by Just+Some+Guy · · Score: 1

      What the heck gives you the right to see ANYTHING they are doing, aside from normal regulatory compliance?

      The exact same thing that gives them the "right" to see anything I'm doing; either the legal theory works both ways or not at all. Good for the goose, good for the gander, after all. Plus, you ignored his qualifier of "for possible future breach of public trust investigations", as in the data should be retained so that I can investigate them should the legal need ever arise, just as the corporations want the ability to investigate me if they get bored on some Tuesday.

      --
      Dewey, what part of this looks like authorities should be involved?
    9. Re:publicly traded companies? by sjames · · Score: 1

      That charter's acceptance requires that it be in the public interest or that it be revoked (that is, the company legally dissolved). It's in the laws permitting the existence of a corporation.

      In other words, you submit articles of incorporation. The law says that IF and only IF the corporation's existence is in the public interest, the articles will be accepted and become the corporate charter. That charter continues unless/until the corporation's existence is no longer in the public interest.

      Sadly, none of that is generally actually enforced in any way (otherwise, corporate felons would surely be dissolved under a three strikes law), but it's still the law.

    10. Re:publicly traded companies? by interkin3tic · · Score: 1

      What the heck gives you the right to see ANYTHING they are doing, aside from normal regulatory compliance?

      This -would be- "normal regulatory compliance." And I'm of the opinion that companies have, almost daily, proven themselves unworthy of having rights. Why should ISPs be allowed to have privacy when they bend over backward to help the government strip me of -my- privacy?

      I'm opposed to this proposed regulation for other reasons though.

    11. Re:publicly traded companies? by Anonymous Coward · · Score: 0

      The same thing that gives any organization the right to see private individuals information - a valid warrant. Nothing bad is being proposed for these companies that is not proposed for individuals - the requirement to pay for information storage for information that the government has no reason to believe is criminal evidence now, but may be in the future. Both are being treated equally, in that in both cases the government would be requiring a third party, with no self interest in fighting a warrant, in charge of the data.

    12. Re:publicly traded companies? by DragonWriter · · Score: 1

      You do realize that publicly traded companies aren't "public" like the government, right?

      All corporations (publicly traded are not) are public just like the government, because they are creatures of government created through law, not natural entities like private individuals.

    13. Re:publicly traded companies? by Anonymous Coward · · Score: 0

      You do realize that corporations do not exist as entities at all without the government's approval, right? Thus, any riders can be added to this bill to force corporations to release any and all information, else they be dissolved.

    14. Re:publicly traded companies? by Anonymous Coward · · Score: 0

      Ummm, read his post again. He's clearly talking about packets coming in & out of the public cloud ie the internet.
      If any company gets to hide behind its corporate firewall by NATing all its IP info, then so the fuck do I! After all, I'm just as much, if not more, a private entity than most capitalist fucktards, so stick that in your bourgeois pipe & smoke it! ;-p :)

  27. Just Get it Over With by Anonymous Coward · · Score: 0

    The gap between people's data retention and law enforcement needs is high. People who don't log where they were every minute of the day are really hampering police investigations when they can't figure out what a suspect has been up to. The FBI would like Congress to authorize each person in the United States to be followed by a police officer or other agent so that their location at all times can be monitored and logged.

  28. Re:THIS BOARD OFFICIALY SUCKS !! by intheshelter · · Score: 1

    You coarse commentary has been deemed harmful to children and it has been recorded and forwarded to law enforcement. Hope you like Cuban food . . . .

  29. I like how they... by Anonymous Coward · · Score: 0

    pretend that the NSA isn't slurping up every last bit of real time data that flows over the Internet backbones in them AT&T beam-splitter closets and storing it somewhere deep and secret.

    Alls they need to do is access that planet-sized repository and they can drink themselves giddy in the avalanche of human "criminal" activity.

  30. maybe.. by LoganDzwon · · Score: 1

    I think this could actually be a good thing. Lets figure out exactly what ISP should retain and what would be available for law enforcement with and which without a warrant. For example, I do not have a problem with ISP keeping track of what subscriber had what IP address for the last two years. However, I find requiring an ISP to keep a copy of my IMs or browsing history without a signed warrant simply unacceptable. If we could come to something reasonable this data would not be unreasonably large. Users with DSL/cable often have a simi-static IP anyway now.. We'd also set terms so after, (lets say two years,) an ISP would purge the data for fear of being sued for privacy invasion.

  31. Stop "Cooperating" With Law Enforcement by chill · · Score: 3, Insightful

    Provide the information they seek ONLY when they provide a valid warrant. ISPs should not "informally" cooperate with law enforcement. If there is reasonable suspicion of a crime, the law enforcement agency should be able to convince a judge of that and obtain a warrant. Checks and balances.

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:Stop "Cooperating" With Law Enforcement by PPH · · Score: 3, Interesting

      Remember how well this worked with the telcos? When the constitutionality of law enforcement's extra-judicial National Security Letter (NSL) program was called intto question and they (the telcos) were at risk of lawsuits for having turned over data, they went crying to Congress for amnesty. And they got it. So why shouldn't they cooperate? Their down side (pissing off dirty cops) is too great.

      The NSL program continues to this day unabated. And some of these letters and the subsequent data collection isn't in support of criminal investigations. Its for political or even industrial espionage. Want some info on a competitor (particularly if its foreign)? Got a buddy in the FBI? No problem. They'll tap their phone/-email for you.

      I say: All subjects (at least US persons) subject to monitoring shall be served with the warrant or NSL at some reasonable time following the investigation. And no amnesty for ISPs or telcos unless they can be forced to testify against corrupt law enforcement officials in court should those letters be abused by corrupt LE officials.

      --
      Have gnu, will travel.
    2. Re:Stop "Cooperating" With Law Enforcement by Anonymous Coward · · Score: 1

      If the 9th ruling stands in relation to digital plain view doctrine then law enforcement can always search through those terabytes of data regardless of the warrant says.

  32. I have said it before and I will say it again... by jonwil · · Score: 2

    Even if it was Osama Bin Laden brutally raping and murdering little kids and posting footage of same on YouTube it doesn't justify giving the government ANY right whatsoever to do wholesale data collection of telephone calls, bank account data, retail purchases, library borrowings or (as in this case) internet data (emails, web access etc).

    I have no problem whatsoever with the FBI/cops/etc going to an ISP and saying "we have x IP address at y time, please find out which customer that was and set up a tap/trace on that customer so we can bust the guy" but wholesale data gathering is something I will NEVER support.

    What we need is for someone to come up with something that shows why continued erosion of civil liberties is bad and wont do a thing to stop criminals (including Child Pornographers) or terrorists (including Osama Bin Laden). Something that even the most clueless person can understand.

    If you can show people that what their government wants to do wont actually stop whatever criminal activity people want the government to stop (and more to the point, suggest an alternative that will be more effective in stopping the criminal activity in question) people might just listen.

  33. Re:Fixed IP(v6) addresses and end-to-end encryptio by SuricouRaven · · Score: 1

    End-to-end encryption is awkward, though. It's doable, yes, but it takes some level of skill to impliment still - and most people, having nothing to hide, just don't care about privacy that much. Just look at how many people use Facebook.

  34. You know why they really want it. by JustAnotherIdiot · · Score: 1

    Apparently there's enough political figures that are into child porn, so they want to obtain it without causing any alarm.

    --
    What do I know, I'm just an idiot, right?
  35. Wow .... by gstoddart · · Score: 4, Insightful

    So, we should monitor everybody so that if in the future we need to monitor a specific person, we'll already have the data. Brilliant!

    Welcome to the surveillance society. Wouldn't this run afoul of the whole "unreasonable search and seizure"? Hell, keep everybody's web history long enough and you'll likely find something you could use against them.

    I completely disagree that ISPs should just track everything in case law-enforcement wants it at some point. It's a little Orwellian, and I fear that it is only going to get worse -- in their zeal, governments are really going overboard. This is just depressing.

    --
    Lost at C:>. Found at C.
    1. Re:Wow .... by blueg3 · · Score: 2

      All they're asking for is for ISPs to retain DHCP logs longer.

    2. Re:Wow .... by gstoddart · · Score: 3, Insightful

      All they're asking for is for ISPs to retain DHCP logs longer.

      For now. But this snippet from the linked PDF is kind of scary:

      Federal law permits the government only to request that providers preserve particular records relevant to a particular case while investigators work on getting the proper court order, subpoena, or search warrant to obtain those records.

      This approach has had its limitations.

      Basically, "we find it inconvenient that by law we're only allowed to ask for specific information based on an on-going investigation, we would like some blanket powers so we don't need to bother with this".

      Hell, in my book, anybody who is quoting Alberto Gonzales is not to be trusted ... Gonzales routinely made awful decisions like "it's legal because we say so" and "who needs habeus corpus?". From the PDF again ... "Former Attorney General Gonzales similarly testified about “investigations where the evidence is no longer available because there's no requirement to retain the data.”"

      Looking at this section:

      In some ways, the problem of investigations being stymied by a lack of data retention is growing worse. One mid-size cell phone company does not retain any records, and others are moving in that direction. A cable Internet provider does not keep track of the Internet protocol addresses it assigns to customers, at all. Another keeps them for only seven days—often, citizens don’t even bring an Internet crime to law enforcement’s attention that quickly. These practices thwart law enforcement’s ability to protect the public. When investigators need records to investigate a drug dealer’s communications, or to investigate a harassing phone call, records are simply unavailable.

      they're pulling out pretty much all of the bogey-men to say "we need to be able to monitor everything just in case". They cite child abuse, drugs, terrorism ... harassing calls. While these are legitimate law enforcement targets, it's definitely stating the case that they'd really like to be able to monitor everything.

      Hell, even the wording they use is charged "Most responsible providers are already collecting the data that is most relevant to criminal and national security-related investigations." ... meaning those who aren't actively helping the government monitor everything are irresponsible and therefore evil.

      This just sets them up for way too many fishing trips as far as I'm concerned. You can't just simply apply surveillance and monitoring against an entire society "just in case". This is just plain bad, and it's more like something Iran or Stalinist Russia would do.

      --
      Lost at C:>. Found at C.
    3. Re:Wow .... by Anonymous Coward · · Score: 0

      From the PDF,

      The International Association of Chiefs of Police adopted
      a formal resolution stating that “the failure of the Internet access provider industry to retain
      subscriber information and source or destination information
      for any uniform, predictable,
      reasonable period has resulted in the absence of data, which has become a significant hindrance
      and even an obstacle in certain investigations.”

      That sounds like more than just an IP address, although the entire letter seemed purposefully vague.

    4. Re:Wow .... by Anonymous Coward · · Score: 0

      Yeah, "all they're asking for." And next thing you know you'll be saying, "and statistics of data transfer broken down by protocol" and on and on. You keep drawing the line an inch closer every time, and eventually the line has moved a mile. Think before you post.

    5. Re:Wow .... by ShakaUVM · · Score: 1

      >>Hell, keep everybody's web history long enough and you'll likely find something you could use against them.

      Yeah, especially if you post on Slashdot.

    6. Re:Wow .... by noidentity · · Score: 1

      It's a good idea. It would reduce costs: you could have an automated program that constantly scanned people's activities for anything non-conformant. This would ensure that nobody deviated from the accepted norms, and would help make it even easier to catch anyone who did (due to obvious mental problems). This would make our lives safer. In fact, it might be best if we just locked people in individual cells, that way they couldn't hurt each other, and would have very few unexpected things happen to them. After all, safety, security, lack of fear are the ultimate good.

  36. I watched this...and it was a travesty by Anonymous Coward · · Score: 1

    I watched the recording of Mr. Weinstein's testimony, among others, last night at work. Under questioning by the members of the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, he admitted that although the primary purpose of the database was to requisition information on the exploitation of children, the Justice Department would be stupid not to let all that information "go to waste". The onus of creating and maintaining the databases will be on the service providers, and Rep. Sensenbrenner (head of the subcommittee), flat out told the witness from the U.S. Internet Service Provider Association (Ms. Dean) that no matter what, this WILL be legislation and that the ISPs should get behind the movement or be forced to.

  37. We all know the real target by Riceballsan · · Score: 1

    Yeah, terrorists, sexual preditors etc.... are on the face of the bill. But 20 bucks says RIAA and MPAA are the funders (of the lawyers and politicians of course, we will still be paying for the storage space etc...)

  38. Wil Amazon have to record everything as well? by Anonymous Coward · · Score: 1

    SSH tunnel from my ddwrt router so that all home traffic is encrypted as it passed through my ISP.
    Yeh, my throughput drops and ping times go to hell, but with some shaping, that can be fixed with certain traffic sent SSH and others (like hulu or netflix) not rerouted (not sent SSH to the ec2 instance).
    From my throughput tests, I get about 4.5 Mbps (I have 8Mbps via comcast) and ping times in the 200 to 300 ms times.

    Oh, and three cheers for Obama, the constitutional scholar who was going to stand up for civil liberties.

  39. Time Warner by inthealpine · · Score: 5, Interesting

    I was a stand in security and abuse coordinator for a little less than a year at Time Warner Cable. All it took was a subpoena faxed to the office for us to hand over any data request. A lot of times cops would get pissed because a police letterhead fax wasn't enough, but it takes no time to get a subpoena. Police would try to say they were afraid the data could get purged if they didn't get it now, versus a few hours from now which is BS. I would tell them I already pulled the requested data and had it right in front of me so no worries about it being purged, they were not amused.

    If any expansion of power is needed it should be the ability to have a request to hold data while a subpoena is processed. That is a simple answer, but the government isn't interested in simple answers its intent is to chip away at privacy so it can do whatever it wants whenever it wants.

    --
    "In God We Trust, All Others Pay Cash"
    1. Re:Time Warner by jmerlin · · Score: 1

      That information shouldn't only require a subpoena. Until recently a similar situation existed with content of e-mail (and some other things) via the Stored Communications Act. If ISPs aren't storing more data in regards to a customer's activity than just addressing information, police would have very little use for the data at all. So it plainly follows that this data too should require a warrant.

    2. Re:Time Warner by Nukenbar · · Score: 1

      "If any expansion of power is needed it should be the ability to have a request to hold data while a subpoena is processed."

      Just about every ISP already does this when law enforcement sends a preservation letter. Then the ISP will await a subpoena from a ADA or AUSA, a patriot act request, or a search warrant from a judge depending on the type of information requested.

  40. Re:Requiring warrants are not a guarantee of anyth by Anonymous Coward · · Score: 5, Insightful

    It's not going to be just the police. If the data is there it will be available to civil suits. Things like showing your ex-spouse visits porn sites and is clearly not a suitable parent.

  41. Devils advocate - I do understand the cops by h00manist · · Score: 2, Interesting

    I do understand the cops. There is a lot of crime, and there is data available to catch crime, without having to resort to infiltrating organized gangs and risking the life of an investigator. Access to that data that could save a lot of lives and abuse and trouble, but such data collection is prohibited under privacy laws. Now, they must understand the public position if they want data to be able to do their jobs better. Allowing data to be collected is a serious invasion of privacy, basically amounts to strongly reducing rights of privacy, secrecy and anonymity. And the data will certainly leak in lots of ways. So, if they want data on people, they have to give up data on themselves. There is also a lot of crime and abuse that happens within police, government, legal offices, government offices, and corporate offices. The public needs that investigated too. Data can be collected in those places too. Equal rights. Certified collection, storage and authenticity of behavior data on everyone, on all levels, accessible to everyone, on all levels, on equal condition, or no data for anybody. That included everyone. Lawyers, justices, policemen, security officials, corporate employees, executives, their families, dogs, everyone. If you have privacy, I have privacy, if you have data, I have data. If you can read my writing, my reading, and my mind, I can read your writing, your reading, and your mind. And we all want full system auditing rights, too.

    --
    Build your own energy sources from scratch. http://otherpower.com/
    1. Re:Devils advocate - I do understand the cops by Lord+Ender · · Score: 1

      Forcing companies to record what you do online just in case the police want to investigate you in the future is the ethical equivalent of forcing companies to record what happens in their bathrooms just in case the police want to investigate something in the future.

      Someone could commit crimes in either locations. Spying on people preemptively is a violation of a fundamental human right to privacy. If there is a crime and a warrant for a specific incident, plant the cameras and taps to record activities. But if there is no crime? Liberty should prevail.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    2. Re:Devils advocate - I do understand the cops by Dekker3D · · Score: 1

      Devil's advocate: more crimes are committed on the net than on the toilet. I'm pretty sure of it, anyway.

    3. Re:Devils advocate - I do understand the cops by Sulfate · · Score: 1

      The worst crime in history is allowing DHS to exist in violation with the constitution in the first place,, which has now digressed to the crimes (each one is separate) committed by banksters with no oversight. While reading, keep this fact about DHS vs Constitution in the top of your mind, everything comes from 911 and DHS and the missing 2.3 trillion the day before

      (From that pdf let's just get right to it then)
      STATEMENT OF
      JASON WEINSTEIN
      DEPUTY ASSISTANT ATTORNEY GENERAL
      CRIMINAL DIVISION
      BEFORE THE
      COMMITTEE ON JUDICIARY
      SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY
      UNITED STATES HOUSE OF REPRESENTATIVES
      ENTITLED
      “DATA RETENTION AS A TOOL FOR INVESTIGATING INTERNET CHILD PORNOGRAPHY AND OTHER INTERNET CRIMES”
      PRESENTED
      JANUARY 25, 2011

      My opinion is this all has gone too far back when the nsa fios splitters were found out. This is another attempt at an "Internet ID" , a man in the middle attack. It's another cog in the end game, which is to shut up the truth while tyranny reins in. Clearly they need this cog to build lists to round people up.

      ... Hand me the taser, I smell that nasty camel nose in the tent again.

  42. Re:I have said it before and I will say it again.. by blueg3 · · Score: 2

    All they ask for in this statement is exactly what you said you have no problem with: a reverse mapping of (IP address, time) to customer and customer information (e.g., address).

    The problem, they claim, is that ISPs only store this data for short periods of time, which is insufficient. They specifically mention that they are not requesting that ISPs start storing data that they do not already store.

  43. Re:And then... by Isaac+Remuant · · Score: 1

    Fox News would point out the guinea pigs obvious connections to Al Qaeda mentioning the word Islam and terrorists together at least a dozen times for good measure.

    --
    "Science can amuse and fascinate us all, but it is engineering that changes the world. " - Asimov.
  44. Let them give the example, and record themselves. by h00manist · · Score: 2

    If they want individual behavior data records to audit misbehaving people, let them produce it on themselves first and give the example. When we see a serious increase in the levels of sentencing, not just arrests, of public and corporate officials and law enforcement for pedophilia, involvement in drug trafficking, blackmailing, illegal espionage, corruption, and so on, then we'll discuss allowing it for the rest of the population.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  45. Phone numbers aren't fixed... by Anonymous Coward · · Score: 0

    Phone numbers aren't fixed ... to the technically savvy. Bouncing a phone between countries has never been easier due to SIP and Skype. There are also completely encrypted point-to-point free SIP solutions. You need to care enough to setup the software on both ends, since the encryption is not portable across all SIP solutions.

    Your concern over IPv6 is real for most people. It also provides IPSec tunnels for everyone, which can be useful. I'm worried that some IPv6 implementations may prevent the random change to the MAC address so your specific hardware isn't tracked.

    It may be time for a federation of secure service providers with IPSec tunnels around the world. Basically, paid TOR tunnels, but for all traffic until the endpoint to keep this away from prying government and other eyes.

  46. Why single out internet traffic? by Anonymous Coward · · Score: 0

    What is it about the internet that makes it a target? Why not keep records of every phone call ever made to any number at any time? Why not keep a mandatory record of book purchases? Magazine subscriptions? Why not mandate that all travel plans must be sent ahead of time to a central data base that will keep the records just in case?

    1. Re:Why single out internet traffic? by JockTroll · · Score: 1

      What is it about the internet that makes it a target? It allows you speak your mind, and broadcast it worldwide. Can't have it, not in "democracies", not in "free nations". The Founding Fathers could never have known that one day it would be possible, so that pesky first and fourth amendments cannot apply to the internet. Wait for the inevitable "less free speech for more security" nonsense, and sharpen your knives.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    2. Re:Why single out internet traffic? by element-o.p. · · Score: 1

      Why not mandate that all travel plans must be sent ahead of time to a central data base that will keep the records just in case?

      Oh, you mean like "Secure Flight"?

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  47. Re:I have said it before and I will say it again.. by VortexCortex · · Score: 1

    If you can show people that what their government wants to do wont actually stop whatever criminal activity people want the government to stop (and more to the point, suggest an alternative that will be more effective in stopping the criminal activity in question) people might just listen.

    Your assumption is wrong: The Onion Router provides the proof you seek.

    You see, no matter how blatant, commonplace or accessible the proof is people just won't listen; People are stupid -- It's the Wizard's First Rule: Some people will believe anything if they fear it to be true.

  48. Record voice calls too by Anonymous Coward · · Score: 0

    Telco's should record all phone calls as well since there must be volumes of incriminating evidence being sent via voice.

    1984 wasn't wrong in principle. It just got the date wrong.

  49. The big problem is... by Anonymous Coward · · Score: 0

    ...that next, the police will demand new laws that you must equip your homes, cars, and businesses with full-coverage 24x7x365 video surveillance at your expense, and keep all recordings for a very long time just in case any crime ever occurs there. According to your opinion, the police won't have "free range" over all this recorded data, only whatever they're entitled to by a warrant. But still you'll have to bear the cost to make their jobs easier. Failure to comply will, of course, become a crime itself.

    Now do you see the problem?

    1. Re:The big problem is... by GameboyRMH · · Score: 1

      For your car, there's already OnStar, and the "black box" on recent vehicles.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  50. Re:Let them give the example, and record themselve by hairyfeet · · Score: 3, Informative

    Actually there is no way in hell they'll do that because last time they tried tracing child porn it led them to the Pentagon! That's right boys and girls, your tax dollars at work, as they had the giant brass balls to actually buy and download CP while sitting there at work in the Pentagon.

    And why wouldn't they? Because unlike those poor peasants where they are guilty until proven innocent the prosecutor declined to file charges in nearly all the cases!

    So if they want to pass this I think we should start with a five year "zero tolerance" policy for government officials of ALL branches. How much you want to bet they'd be all for privacy then? Sadly this will never be, instead it'll be another case where the law doesn't apply to them, just to everyone else.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  51. Re:Fixed IP(v6) addresses and end-to-end encryptio by Anonymous Coward · · Score: 0

    Everyone will have a (set of) fixed IP addresses anyway

    This might have something to do with the resistance to IPV6.

  52. How about law enforcement prioritization? by swb · · Score: 5, Insightful

    My sense is that the "need" for ISPs to do their work for them indicates that law enforcement could better utilize their limited resources.

    Maybe spend fewer resources on enforcing, say, drug laws, marijuana specifically, and more time and resources on other crimes that actually hurt people?

    And I don't necessarily mean physical crimes (assault, murder) -- how about simple burglary or breaking and entering?

    A neighbor's house got broken into; the daughter's laptop was stolen and the window to her room was damaged beyond repair. She needed a laptop for school and, obviously, the window needed replacement. So they're out $3k they don't necessarily have and/or she falls behind in school or they can't close the window to her room, none of which are very palatable choices, especially in a Minnesota winter.

    Yet, when they called the cops they got two nice guys who gave them a case number and took the laptop S/N "on the very slim chance it turns up."

    So, basically there's no resources to do extra patrols or extra investigators but plenty of guys to take down pot dealers. Yay.

    1. Re:How about law enforcement prioritization? by Sentrion · · Score: 2

      No sheriff or police cheif is going to get serious publicity going after burglars and scam artists. If you want to win Chuck Norris style accolades then you have to bust the drug dealers, and most people associate the dealers with organized crime and street violence. People from affluent neighborhoods have good security systems and insurance policies, so if they are a victim of theft it's just a minor inconvenience, but they will do everything to protect little Johnny from the drug dealers.

    2. Re:How about law enforcement prioritization? by TheTyrannyOfForcedRe · · Score: 1

      My parents were the victims of a hit and run. They were sitting in their car in a parking lot, parked with engine off. An elderly couple hit them while trying to park. The couple claimed they they didn't and refused to provide insurance information. They also refused to stop and get out of their car. My parents got their license plate number and filed a criminal report. The officer taking the report said it was indeed a hit and run. This was over a year ago. Nothing has been done. They cops haven't even be bothered to send anyone out to question the elderly couple.

      --
      "Liechtenstein is the world's largest producer of sausage casings, potassium storage units, and false teeth."
    3. Re:How about law enforcement prioritization? by Anonymous Coward · · Score: 0

      What exactly can they do? Take prints and run them against a database is about it. And this is also why you have homeowner's insurance. You'd be out $100 from the deductible after the theft.

    4. Re:How about law enforcement prioritization? by Anonymous Coward · · Score: 0

      Use something like theDeviceLocator.com to track your stolen laptops. Of course, you've got to set up tracking before it's stolen.

      If a laptop is stolen, you can see which IP address it shows up at. You give that to the cops and they can narrow it down to the ISP account, IE the house address.

    5. Re:How about law enforcement prioritization? by swb · · Score: 1

      For one person at the time, nothing, but that isn't the issue.

      The issue is what they aren't doing to prevent burglary and make burglars likely to get caught and make trafficking in stolen goods much more difficult.

      What they COULD be doing:

      1) increased patrols in residential areas overall -- more patrols make burglars nervous and less likely to commit burglaries.

      2) Intensive patrols in areas that have experienced burglaries. Burglars tend towards being active in specific geographic areas.

      3) Much more intensive scrutiny of known fences, pawn shops and even Craigslist stings for items recently stolen with known identification.

      With the resources we waste on drug crimes, this could be done trivially, and it would make burglary a far riskier proposition.

  53. it isn't about child-porn by Anonymous Coward · · Score: 1

    they dont' care about child porn. they care about movie pirates, music pirates and so forth. its the same thing in airports. they've even said the scanners and pat downs have caught more drugs than anything else. the idea is to get a law passed under the pretense of something we all agree is horrible, then use is it to further their real intentions... being the cops for the large corporations and moral majority.

  54. Balance by carrier+lost · · Score: 1

    the US Department of Justice renewed its call for legislation mandating Internet Service Providers (ISP) retain customer usage data for up to two years because law enforcement authorities are coming up empty-handed in their efforts to go after online predators and other criminals

    Just as long as politicians are exempt.

  55. Re:Fixed IP(v6) addresses and end-to-end encryptio by Imagix · · Score: 1

    Re: Fixed IPv6 addresses That would depend on how your ISP deploys IPv6. In the cases that I know of, you're gonna get a dynamic IPv6 address pretty much the same way you do in IPv4 (see RFC 3315). Or for the enlightened ISPs, you'll get an entire /56 prefix from your ISP (or at least something between a /48 and /64).

  56. Problem Solved by Sentrion · · Score: 1

    Why not just require everyone to have a facebook account in order to access the internet? Zuckerberg seems more than willing to track, retain, and share your personal info with just about anybody. This would take the burden off from the ISPs.

  57. Four Horsemen of the Infocalypse by Anonymous Coward · · Score: 0

    especially online child pornography

    There are 3 targets for every government intrusion on civil liberties:
    1. Terrorists
    2. Child porn
    3. Drugs

    Four actually: you missed organized crime/money launderers.

    See:

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

  58. And Just how are they Identifying my traffic? by haasta · · Score: 2

    This is about as useful as a tank of gas with no car. Especially since courts have already determined that an IP address does not identify a person, rather a machine (pc, router, etc). As evidenced in articles such as these: http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=109242 ; http://yro.slashdot.org/story/09/07/08/1522247/Judge-Rules-IP-Addresses-Not-Personally-Identifiable?from=rss & http://www.techdirt.com/articles/20090708/1323075488.shtml I am sure there is more out there, but if we can't identify a person by IP, then why should I have to keep records of IP traffic for up to 2 years?

    --
    --- haasta IT consultant | Web Programmer
  59. Remember these three little words by countertrolling · · Score: 1
    --
    For justice, we must go to Don Corleone
  60. I see no mention of automatic turn over.. by Anonymous Coward · · Score: 1

    Maybe I missed it, but I see nothing that says you have to turn all ISP data over, and that the govt will keep it for 2 years. What I see, is them saying ISP's should keep data, like who is online and under what IP, so that it can be requested for up to 2 years in the future.

    So if they are working a case, and say a year later, they find they need proof that suspect X was online from this IP, to corrolate the link between the person and the activity, they can obtain a subponea and request said records. If by default you only logged it for a week, then they would be SOL, so they want longer record keeping. Not saying this is a great thing, that you would be mandated to keep records for years, but I do see the jist of what they are after.

    Still I see nothing in the initial post that said anything about them auto gathering the info from everyone, and holding it by default for years, and not needing a valid court order. Maybe I missed something in the post.. LOL

  61. Re:Requiring warrants are not a guarantee of anyth by countertrolling · · Score: 1

    So the balance of power the records will supply has to be equalized somehow.

    We just have to throw enough chaff into the system to drown it in crap

    --
    For justice, we must go to Don Corleone
  62. Re:Yes, let's collect evidence of crime at all lev by h00manist · · Score: 1

    Only if you want DC-area bathrooms to be flooded with, er, wide-stanced Republican congressmen.

    I'm no fan of Bush's criminal party, but neither party has a monopoly on wrongdoing or is composed of 100% clean-record public officials. Investigate everyone and let the chips fall where they may.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  63. community mesh networks by h00manist · · Score: 1

    http://www.open-mesh.com/
    closest thing I've found so far.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  64. MOtivation by Anonymous Coward · · Score: 0

    The reason they want mandatory data retention for ISP's is because they have fallen short while actively hunting Americans who speak truth.
    Truth is now a crime, there won't be any public protest, the doj will just pass this shit allowing the doj to

    dig up dirt on anyone and fuck their life if they

    1. protest the NWO and point out foreign and corporate connections
    2. expose 911 as the inside job it was
    3. Expose the BP disaster, and the people now dying from it
    4. expose about the banksters
    5. defend the constitution
    6. negative talk about the TSA / DHS

    In my opinion, what we need is a log file virus.

  65. Re:Requiring warrants are not a guarantee of anyth by h00manist · · Score: 1

    It's not going to be just the police. If the data is there it will be available to civil suits. Things like showing your ex-spouse visits porn sites and is clearly not a suitable parent.

    Fair game, so long as legit, verified data of the same kind is available on anyone and everyone upon judicial order, from the nerdy teenager all the way to everyone in the White House, DOJ, Wall St, Pentagon, your boss and his wife, etc. We'll see who has the most stuff to hide.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  66. were prosecuted by tinkerghost · · Score: 1

    According to the article you linked to, most of them were charged. One fled the country & at least 1 died before he could be indited.

    On the other hand, how exactly do you find child porn on a PC doing virus removal or hardware repairs? Unless the guy is stupid enough to leave the individual files on the desktop or label a folder child porn you shouldn't have any clue that it's there.

    1. Re:were prosecuted by JonySuede · · Score: 1

      names in the most recently used files in the start menu is usually a good give away

      --
      Jehovah be praised, Oracle was not selected
    2. Re:were prosecuted by Anonymous Coward · · Score: 0

      i>how exactly do you find child porn on a PC doing virus removal or hardware repairs? Unless the guy is stupid enough to leave the individual files on the desktop or label a folder child porn you shouldn't have any clue that it's there.

      I find a lot of stuff, even if I'm not looking. You'd be amazed at what people leave in their CD drives or browser/download history. Or what you find when the drive is full and you're looking for things to throw overboard to gain some free space. Don't recall finding any kiddie porn, maybe those particular people are more careful, or maybe I haven't had to fix their computer yet.

  67. Re:Requiring warrants are not a guarantee of anyth by h00manist · · Score: 1

    So the balance of power the records will supply has to be equalized somehow.

    We just have to throw enough chaff into the system to drown it in crap

    Honestly if something like this were proposed and I actually thought the records on all officials would be kept and presented correctly, when investigations are requested by the public, I would vote for it. I think the public in general would have much less to hide than people in power.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  68. Suing the cops... by Anonymous Coward · · Score: 0

    And if the cops lose control and beat you, well you just won a multi-million dollar lottery. Celebrate.

    Even if you can get a civil lawsuit past the cops' Qualified Immunity , then they still do not give a rat's ass if they lose the lawsuit because they are not the ones who pay any damages. All the cost of paying lawsuits and damages comes out of the taxpayers' (yours and mine) pockets because the cops' employer municipality, not the cops individually, who have to pay.

    1. Re:Suing the cops... by Golddess · · Score: 1

      At which point the tax payers demand this shit stop.

      Ok maybe not. But I can dream, right?

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  69. Re:Fixed IP(v6) addresses and end-to-end encryptio by mlts · · Score: 1

    For now that is. If people start getting arrested left and right for stuff they did on their ISP, or their school suspends/expels them for activities done at home, people will start caring and start locking their business down.

    I think it is only a matter of time before we start seeing some extremely large anonymous VPN services appearing, and an anonymous service provider will be as needed as an ISP.

  70. Who qualifies as an ISP? by ducomputergeek · · Score: 1

    One of my clients is a coffee shop that offers 3 hours of wifi with purchase. I built the software that allows people to log in using their rewards card or by typing their name and an employee granting access. It's been working well for over 5 years on a FBSD box.

    The question then becomes, do they count as an ISP? Will they have to maintain records and if so, for a small business like theirs is it going to be worth the hassle?

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    1. Re:Who qualifies as an ISP? by Sulfate · · Score: 1

      You won't get away from it. This is the answer the one you don't want to hear.

      No more ignoring these baby steps year after year, oh that sounds reasonable, or this sounds good. Finally when we are a total dragnet because of a few hundred of these 911/DHS/UN/CFR cogs your getting scared because the banksters haven't been arrested yet now the crosshairs are on you.

      Now that we have your attention perhaps you'll be more politically active besides just playing group think on /. or voting off the flyers in your mail box at the last moment. Maybe you might want to see the vote counted? Or perhaps you'll learn about jury nullification as the law you re-write or the life you might save might be one of your own by someone equally educated who might one day equally judge you.

  71. Mandatory data retention for bars and restaurants by Animats · · Score: 3, Insightful

    We need mandatory data retention for bars and restaurants. Bars and restaurants should be required to retain audio and video surveillance data for six months, in case it's needed by law enforcement.

    Implementation should begin with Washington, D.C., to retain evidence of political corruption.

  72. Re:Requiring warrants are not a guarantee of anyth by gknoy · · Score: 1

    Or whose records were "lost" in a "freak backup accident".

  73. Re:I have said it before and I will say it again.. by sjames · · Score: 1

    Later in TFA they say it might in the best case just be IP lease info but that it might also include all source (outbound) data including complete web and email history. Note that web history means deep packet inspection.

  74. Re:out of country VPN by DocSavage64109 · · Score: 1

    How do you know these out of country VPNs aren't honeypots and/or monitored by the CIA or some other government agency?

  75. real issue by luther349 · · Score: 2

    they dont care abought those things. they will just use it to go after movie pirates and music pirates.

  76. Re:Requiring warrants are not a guarantee of anyth by ThatsNotPudding · · Score: 1

    Records on public officials can be manipulated and forged to fake legitimacy

    Oh, here we go again.

  77. Re:Requiring warrants are not a guarantee of anyth by Just+Some+Guy · · Score: 1

    Fair game, so long as legit, verified data of the same kind is available on anyone and everyone

    Screw that. How about this instead: we don't log everything I do, and we don't log everything you do, and we don't log everything the police do, and we all go about our merry way until someone is explicitly accused of wrongdoing and a judge orders their data collected. If the TSA wanted to implement anal probes in routine screening, the correct response is not "OK, but we get to probe you back!"

    --
    Dewey, what part of this looks like authorities should be involved?
  78. Sherlock Holmes comments... by mbone · · Score: 1

    "If criminals would always schedule their movements like railway trains, it would certainly be more convenient for all of us."

    The Valley of Fear

  79. What BS by mbone · · Score: 1

    I assume that any Internet measure that mentions child pornography in its preamble is based on false pretenses and should be opposed. It saves time.

  80. Re:I have said it before and I will say it again.. by element-o.p. · · Score: 2

    If you can show people that what their government wants to do wont actually stop whatever criminal activity people want the government to stop (and more to the point, suggest an alternative that will be more effective in stopping the criminal activity in question) people might just listen.

    I admire your optimism, but my experience suggests otherwise. When you bring someone face-to-face with an unpleasant truth, the tendency is to pull a Miracle Max (you know, fingers in their ears while loudly repeating, "nobody's hearing nothing, la la la la"). Why? Because people are generally lazy, and forcing the government to change requires effort. Typically, people are unwilling to expend that effort until things get so bad that they can no longer pretend not to see what's happening around them, and by then, it's usually too late.

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  81. Government Arrogance by Froggels · · Score: 1

    Am I the only one appalled by our government's sense of entitlement? Why should ISPs have to retain this data just to make the government's ability to snoop on citizens easier? What's next?

  82. Re:Let them give the example, and record themselve by rwhamann · · Score: 1

    Citation?

    --
    seg fault
  83. If they can't monitor it, how do they know? by Catbeller · · Score: 1

    Years later, I still make the same point:

    If they can't see who's trading "child porn", then how do they "know" people are trading it???? COME ON. This is insane. They are lying. They are predating on people's kneejerk reactions to anything connecting kids and sex to install a Final Solution internet tracking system.

    And who wants this bet: after they get the Panopticon, they won't find much kid porn - but will never disclose that. Or that they are using the Panopticon for political purposes, ie hitting whistleblowers and liberal causes such as antiwar protests and environmental activists.

  84. really? by hesaigo999ca · · Score: 1

    I thought they already kept everything they needed to analyze on THEIR servers when it was associated to terrorism...i mean i could say
    I will detonate a bomb tomorrow at this location, and because i said this on a forum, they are supposedly running all sorts of apps to log and analyze the packets on the internet, and I will probably be flagged as a bad guy tomorrow morning....could they not just add a filter for whatever they need to log...instead of trying to force ISP to spend more money of their own, which in turn will end up costing the end user (us) more, because you know they will never pay for this out of their own pocket...get ready to pay double what your internet costs are now in the near future, if this goes through...

  85. or 2 years of GPS tracking on everyone, why not by Anonymous Coward · · Score: 0

    By the same logic, law enforcement could say they need 2 years worth of full GPS tracking data on every person. Just in case they need to catch a child molester one day.

    There is no doubt in that official's head that the gap between a person being somewhere and when the police comes looking is detrimental to police's efforts at catching criminals, and must be closed by ensuring that there are logs where everyone has been at any time.

  86. Re:THIS BOARD OFFICIALY SUCKS !! by GameboyRMH · · Score: 1

    Cuban food? They only feed you certain American sandwiches.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  87. Well then $$$ please by Tjp($)pjT · · Score: 1

    I need the DOJ to buy me a couple of xServes and a large raid 5 array or ten a rack of space rental and a couple of admins salary full time and another office in the data hotel where I have our really small b2b ISP. What they are asking ISPs to do would otherwise bankrupt me. We have a small ISP, with a few clients, but they are all high profile sites and have huge traffic numbers. Of and a nice high end router so all this data to be collected can be forked off without affecting my customers business too much. I'd need to capture roughly 200 GB a day and store it how long DOJ? You folks are nuts just on technical grounds, let alone financially. OH yeah, are my backbone connection providers (also ISPs) supposed to also collect this same information? You'd think so by the lax specification of what they ask for. And then there is that pesky assumption of privacy thing. As we get more and more of our day to day communications (drop off in landline phones and snail mail because of VOIP and email are just one example) Internet based we are being asked to open more and more of our once personal information to the government. It has to stop.

    --
    - Tjp

    I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

  88. News and the Law by b4upoo · · Score: 1

    We are in an era in which publicity causes all kinds of absurd laws and law enforcement actions to take place. An example is the OJ Simpson and Nicole nightmare. Ever since that happened women have gotten a huge legal edge that is very dangerous. How is it that the college lives of an entire soccer team at Duke can be ruined, the freedom of the team members placed in dire danger and the financial costs of the false allegations haunting the families of those men forever yet the woman who deliberately lied is not locked in jail for the rest of her life? Why is it that the penalty for false accusations does not equal the penalty for the supposed crime? A twenty year sentence would not begin to make up for the harm done by that junkie.

  89. Data retention just like in Europe... by cpghost · · Score: 1

    What a (non-)surprise. Justice Ministers all over Europe, and now the US too, are seeking data retention laws. Even ministers who were originally against any form of data retention like Germany's civil rights advocate Sabine Leutheusser-Schnarrenberger. It is really creepy to see 'em all fall for the global security agenda.

    --
    cpghost at Cordula's Web.
  90. Dr. Strangelove by Anonymous Coward · · Score: 0

    It would not be difficult mein Furher!....

    I'm sorry, Mr. President...

  91. Re:I have said it before and I will say it again.. by jonwil · · Score: 1

    Yet those same people will complain loudly if the government threatens to do something like legalize gay marriage or legalize pot...

  92. Why not ubiquitous audio recording? by buybuydandavis · · Score: 1

    "Think about how much evidence is denied to law enforcement by envelopes, opaque concrete, and criminals' failure to shout."

    Think about how much evidence is lost because we don't ubiquitously record all conversations, everywhere we go.

    1. Re:Why not ubiquitous audio recording? by Jane+Q.+Public · · Score: 1

      Precisely. Why aren't they, in the same breath, saying "House walls give people entirely too much privacy!"

    2. Re:Why not ubiquitous audio recording? by buybuydandavis · · Score: 1

      Precisely. Why aren't they, in the same breath, saying "House walls give people entirely too much privacy!"

      Well, they're not saying it yet, but I'm sure they're thinking it.

  93. WWIII FIGHT TONIGHT DHS vs US CONSTITUTION by Sulfate · · Score: 1

    Two shall enter, one shall leave!

    The future will never be the same, will war, tyranny, banksters and monetary system destruction, death and slavery rule or will all this be a bad dream and the unicorn ***** skittles out from his ass in the sky as we all have pig sex six times a day underneath the shade trees?

    Cost: All Ages, Free Admission , ultimately it will cost your life regardless if you attend or not

  94. Conservatism by gd2shoe · · Score: 1

    I wrote "conservative" not "libertarian". Big difference--the former approves of strong government control over the people.

    Absolutely not. The present Republican Party does to some extent (not as much as the Democrats). Conservative means "cautious or avoiding excess". By definition, a true conservative does not approve of "strong government control over the people".

    Libertarian and Republican parties are two different branches of conservative thought. They are both conservative (theoretically).

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  95. Re:I have said it before and I will say it again.. by element-o.p. · · Score: 1

    True 'nuff

    I never said people were consistent or made sense...

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?