Slashdot Mirror


New Bill Would Require US ISPs To Retain User Info

Wesociety writes "The House Judiciary Committee, lead by Rep. Lamar Smith, is preparing a bill which would require internet service providers to retain information about their users to aid in criminal investigations. This particular bill would be a smaller part of a large measure to strengthen sanctions against acts such as child pornography. The most interesting part of this bill however is not who it targets but rather who it does not. The bill would make wireless companies exempt from the requirement to store user data." Declan McCullagh gives a fuller report at CNET. Update: 05/14 00:35 GMT by T : Note: Smith has yet to release the text of the current bill, but it seems an easy bet it will have much in common with his similar-sounding legislative push in 2007, which resulted in the unsuccessful SAFETY Act of 2009.

27 of 132 comments (clear)

  1. So . . . by Seumas · · Score: 5, Insightful

    If you care about privacy or security, you're either a child molester or a terrorist, I guess.

    1. Re:So . . . by Anonymous Coward · · Score: 4, Insightful

      "If you care about privacy or security, you're either a child molester or a terrorist, I guess."

      Or a copyright infringer. Don't forget that one.

  2. Poor Idea by hinesbrad · · Score: 4, Insightful

    Wow. Once again congress, a body largely filled with old farts who has zero concept of how far reaching their laws might hit. RIAA just had an orgasm.

    1. Re:Poor Idea by Ingenu · · Score: 4, Funny

      Its not just about the RIAA.

      Just wait until the rules change and they have retroactive data so can arrest you for what you did a year ago that is now illegal.

      Ex post facto laws are generally unenforceable. Beware of the day, however, where an ex post facto law makes ex post facto laws legal.

    2. Re:Poor Idea by Stormthirst · · Score: 2

      Oh no - I think they know EXACTLY how far reaching this kind of law is.

    3. Re:Poor Idea by artor3 · · Score: 3, Insightful

      I prefer American Taliban. It's more accurate, in that it captures their (ab)use of religion to justify their actions and rally the weak-minded to their cause.

      The democrats are no angels, but the republicans are devils.

    4. Re:Poor Idea by Anonymous Coward · · Score: 2, Insightful

      But they'll find some way to use the logs as evidence for a seizure of your pc to look for the 'now illegal'.

    5. Re:Poor Idea by BitterOak · · Score: 2

      Ex post facto laws are generally unenforceable. Beware of the day, however, where an ex post facto law makes ex post facto laws legal.

      I'm afraid it's too late. It seems ex post facto laws are legal now, if some creative redefinitions are employed.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    6. Re:Poor Idea by lexsird · · Score: 5, Insightful

      Sadly, this is becoming oh so true. It's come to the point that it's not just Leftwing liberal drivel, it's actually a viable statement. You will find a lot of parallels to the Nazis. I am sure the good people of Germany at the time had no idea what they were being handed until it was too late. They were indoctrinated with some very timely Nationalism, had someone to blame to galvanize them together and a unified goal with a vision. Of course it was barking mad from the top down, but nothing like a Prussian plan when it comes together.

      Now here we are, the trumpets of nationalism are blowing super loud, religion is being factored in as well. Our war machine is like no other in history and we are wanting more oil, and we are at the moment seemingly poor. Hmm... Nothing like keeping those American Peasants beat down with high gas prices. They have been doing this to us for over 30 years, gouging us at the pumps and shoveling money into all the right pockets to keep it that way. We are collectively stupid enough to let them get away with it, hence they continue to.

      But this "culture" has made keeping people in "order". Sweet Jesus, we bitch and moan about Chinese violations of civil rights, yet we violate our own Constitution with the Patriot Act. Our prison systems are an industry unto themselves. We have more people in prison than any other country in the world, hell, at what point do we have more people in prison than the rest of the world combined? Do you know how much money they get from us the tax payers to house these people?? This is one brilliant method of population domination.

      Separation of Church and State, now that is an awesome concept, and let me explain why. It really defines the the lines of our Faith and the utility of government. Neither are suppose to toy with each other, and besides Public Service was for Public Servants, not Public Masters. The citizenry should be held in the highest of esteem, towering over, not groveling under public servants.

      Government is in your Church, if you don't know this, you are ignorant. You are not held in the highest of esteem by the system, you are a lemming peasant; public servants will crush you like a bug if you look crossways at them. Don't think so? Sneer the wrong way at the wrong cop and get back to me on that. But don't worry, it's all ok. You will forget about all of this nonsense soon enough. Welcome to information bombardment with redundant contingencies for reinforcing and modifying your behavior. No, no, I don't think Fascism quiet covers it, nor do the Nazis. We are birthing an evil that is all our own, it will have our names on it and we will not share the infamy with anyone else.

      What I find amazing is how all of these "right wing" people think they are "Christian". This is the irony and the tragedy of our age. I believe these are the ones warned about in the last days, that are deceived. Leave it to institutionalizing Christianity to flip it into something of the Devil. You can't become involved in politics as a church, or a faith. These are just things that shouldn't mix, ever. First of all, we don't need a middleman, and any religious organization that props one up and tells you that you do, is straight from Hell. Lets run down the highway to Hell even faster by letting these "middlemen" sell us into political prostitution.

      Let's face some serious facts. If God was going to have us become political, he sure wouldn't have us associate with either of these dominate political parties. Both of these parties are teaming with heathens. If you were going to have a Party that was "for God", then you had better sure as shit make sure it's a HOLY one and without any of the typical political vermin we have lurking in Washington. Doesn't God have this particular habit of when something subpar to him is placed before him as an offering or as to "his will", that he drop kicks it in the balls? It had better be up to his standards and you had better be listening the fuck up when he talks.

      Now is there anyone around that is

      --
      Take the Red Pill.
    7. Re:Poor Idea by GameboyRMH · · Score: 2

      Doesn't God have this particular habit of when something subpar to him is placed before him as an offering or as to "his will", that he drop kicks it in the balls?

      Hah I wish. Then Bush would have been vaporized by a lightning bolt when he said God told him to go to war in Iraq. Or at least hit in the balls by a meteorite. And pretty soon everyone would just stop dealing with this God person for safety reasons.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  3. So child porn people will just use 3g/4g internet by Rivalz · · Score: 3, Interesting

    So child porn people will have to use 3g/4g/wifi based inet to avoid being nabbed easily.
    Leaving just the average joe left to get screwed by the long arm of the law.

  4. Audit trails need validation by slashqwerty · · Score: 5, Insightful

    If this passes we will see lots of innocent people prosecuted due to buggy audit trails that are never tested. Seriously, when is the last time anyone tested their audit code to make sure it works properly? If it doesn't crash the app no one worries about it. I've seen all manner of bogus data in audit trails.

    Now ISPs will need audit trails on DHCP leases, connections through proxy servers, NAT translations, email senders and receivers, clock synchronizations...

  5. This violates my rights as a Canadian citizen by WillAffleckUW · · Score: 3, Informative

    This action violates my treaty rights as a Canadian Citizen.

    As well as those of all EU citizens.

    Which the US is signatory to by international treaty, which by force of law and the US Constitution, is of a higher level than any Congressional action or bill.

    Period.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:This violates my rights as a Canadian citizen by Seumas · · Score: 2

      As an American Citizen let me inform you, across the border, that our Constitution doesn't really mean much of anything anymore.

    2. Re:This violates my rights as a Canadian citizen by Brett+Buck · · Score: 2

      That's not really much of an argument, the US Constitution is more important that treaties and will certainly trump those, if push comes to shove. No international agreement will ever outweigh the constitution, and if some US politician ever suggests that it does, they will rightfully be run out of office.

            It's also probably not constitutional, and it's likely a violation of the 4th amendment, and almost certainly the 10th. That argument might carry some weight.

    3. Re:This violates my rights as a Canadian citizen by WillAffleckUW · · Score: 2

      I meant under NAFTA and FTA treaties for Canadians working legally in the US.

      --
      -- Tigger warning: This post may contain tiggers! --
    4. Re:This violates my rights as a Canadian citizen by Sarten-X · · Score: 4, Insightful

      How, exactly? What treaty says that the US laws can't apply to Canadians when they do business in the US?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    5. Re:This violates my rights as a Canadian citizen by SniperJoe · · Score: 2

      Exactly. The Constitution is what gives the government the right to negotiate and sign binding treaties. Theoretically, no law can supersede it, however you can be damn sure they're trying.

  6. Re:No by zoloto · · Score: 5, Insightful

    I just love how everything "for the children" or anything relating to child pornography (which is absolutely despicable) can strip our rights away without notice. It's absolute bullshit.

  7. Not Nazi Enough by b4upoo · · Score: 2

    How can we call ourselves free without requiring our family members an children to turn us all into the Gestapo, I mean police, I mean the recording industry.

  8. I am the govt by quickgold192 · · Score: 2

    I presumed the govt will be asking for those records. Since "in free governments, the rulers are the servants and the people their superiors and sovereigns", and I am a citizen who is supposed to be part of this govt... may I please have a peek at those records? No?


    ...why not?

  9. Constant Vigilance by MrKaos · · Score: 2
    Seems to me that democracy has been under intense attack in the legislature for the last ten years now. I'm not saying that it hasn't happened before there just seems to be another one of these bills presented every month or so in all the western democracies not just the US. It often leaves me wondering what the agenda is and, more importantly, who's agenda it is?

    Most of the time the really offensive proposals include a variation on the theme "to combat child pornography" to frame anyone who opposes it as someone who support child pornography. Seems to me that we are becoming a Democracy in theory but not in practice, maybe we always have.

    --
    My ism, it's full of beliefs.
    1. Re:Constant Vigilance by rts008 · · Score: 2

      To crudely paraphrase a somewhat famous quote, by someone I have forgotten:
      'The price of liberty is eternal vigilance.', or something like that.

      I do agree with your comment overall, but the second part of your last sentence I have an issue with.

      Seems to me that we are becoming a Democracy in theory but not in practice, maybe we always have.

      [my emphasis]

      IMHO, we have not always had this problem. It seems to me that this started shortly after we developed career politicians.

      Once we eliminated the stress/hardship of being away from the day to day means of making a living to attend the legislature, it became easier for our politicians to become disconnected from their constituents/the 'common man', and whore themselves[their influence] out to the deepest pockets.
      The only concern they really have since then is getting re-elected.

      Until term limits are imposed on them, I don't see this changing.
      Oh, and campaign contributions by corps and industries don't help the situation either,IMHO.

      I see all of this as a reaction to the latter 1960's and early 1970's.
      I'm assuming[hopefully] by your /. UID that you might have been around back then.
      It was a turbulent time in the USA:
      The Vietnam War, and all of the protests, sit-ins, Kent State riots, anarchist groups, terrorists hijacking airliners, etc., with the Feds caught off guard and having to react[at least from their point of view].

      Or, maybe I'm just an armchair sociologist that has it wrong. I don't know for sure. :-)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  10. Re:No by Shikaku · · Score: 2

    filming their children

    In the bath. I forgot to add that. fuck.

    Give me a law or police order that will remove all child pornography forever, and I'll find you a parent filming their children in the bath in jail as a sex offender.

  11. Re:There are ISPs outside the US? Inconceivable! by lennier1 · · Score: 2

    It's only a matter of time.
    The real people behind this are currently trying to shove the same stuff down the population of other countries (e.g., EU nations like Spain and Germany). After that it won't be long until there's something like the agreement to share SWIFT transaction data.

  12. Re:No by ScrewMaster · · Score: 3, Insightful

    I just love how everything "for the children" or anything relating to child pornography (which is absolutely despicable) can strip our rights away without notice. It's absolute bullshit.

    I'm going to venture a guess that this has much less to do with child pornography, criminal investigations and counter-terrorism than you might think at first glance, although I'm sure that law-enforcement types are salivating at the mere thought of having this capability. What it does concern is copyright infringment and anti-file-sharing efforts: I guarantee that you'll find RIAA/MPAA fingerprints all over this, if you look hard enough (that and the fact that the DoJ has been overrun with ex-RIAA attorneys.) If not, well, it sure is remarkably convenient.

    Wireless providers are, if anything, placing increasingly stringent limits on how much data users may transfer using their devices, whereas the 250 Gb cap that is becoming common among the big ISPs (yeah, AT&T, I'm looking at you: you just had to take a page out of Comcast's playbook, didn't you) permits plenty of illegal downloading to go on, and the media companies figure that they'll have a lot better chance in court if they're using ISP provided records rather than the manufactured "evidence" provided by Media Sentry (or whatever they're calling themselves nowadays.)

    Fact is, there are a lot of pressure groups that want these requirements, and they want them bad. That they have no legitimate need for them, and that having them may very well violate numerous Constitutional provisions means little in the current political climate.

    --
    The higher the technology, the sharper that two-edged sword.
  13. Re:So child porn people will just use 3g/4g intern by EdIII · · Score: 2

    Exactly. Anybody that is actually serious about child porn uses different methods. At minimum they use TOR and FreeNet, then establish webs of trust that are actually pretty hard to get into. There have been several articles in the last few years about huge child porn rings busted in multiple countries that were using pretty sophisticated methods to communicate and nothing was in plain text. It required some actual detective work and identifying the victims to make headway in those cases. I can remember it was a big deal that the law enforcement figured out a way to "unswirl" the photoshop effects that some of those pedos were using to hide their faces while buggering poor little boys in Thailand.

    You surf long enough on the Internet for "teen porn" and within about 20 minutes of clicking links to links to links you will see your first questionable picture. Give it another a couple of minutes and you will find your first transient child porn "site" willing to take your money to let you in and the pictures on the signup page are those that leave no doubt it is a little girl under the age of 11-12. We are not talking about some web cam of a 17 high school girl showing her your tits, but prepubescent girls being victimized.

    That's the other side of the coin. There is already enough material produced that organized crime in Russia and Eastern Europe just repackages it and attempts to sell it no different than drugs.

    Which is easier? To track and bust some people that really are not child molesters at all, but just went to "deep" in their depraved travels in the Internet Underground or actually going after the foreign actors that are hosting this shit?

    I'm not posting anonymously here. Seriously, how many guys here have been surfing for porn and clicking away and then have seen some questionable stuff that really look like child porn?

    I know I have. It did not get me excited and was just a huge speed bump if you catch my meaning.

    This whole thing is based on the premise that mere possession, which can be temporary internet files and some really really transient actions that are more permanent than you think, of child porn should be a crime and that you need to be labeled as a sexual predator for the rest of your life.

    That's stupid. Using it to raid some guys house (which has happened to some people hosting TOR exit nodes) and ruin their lives is just crazy. He did not have hard drives filled with child porn and images and his basement did not look like something out of 8MM with Nicholas Cage.

    If the point of keeping DNS queries and connection logs is punish and raid anybody that came into contact with unlawful material, than we have some really unsophisticated and bone headed law makers. Not to mention we know of at least one case in the UK where this kind of hysteria was used to victimize some poor guy and that luckily for him they caught the person attempting to frame him.

    I want child porn to be stopped too, but let's actually identify the people producing it and not people that are inadvertently exposed to it.

    Of course......... that could just a whole "lions, tigers, and bears OH MY" deal and the real point behind the tracking is not to protect the children at all but use to monitor people and construct useful profiles to governments and corporations so that they can advertise to you and governments can categorize you at various levels of activism unpopular with the current administrations and particular political parties.