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.

Comments

Re:Warrant?

[cold fjord]

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?

Time Warner

[inthealpine]

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.