DOJ Seeks Mandatory Data Retention For ISPs 247
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.
envelopes (Score:4, 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.)
Re:Warrant? (Score:4, Interesting)
Re:Warrant? (Score:5, 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?
Time Warner (Score:5, Interesting)
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.
Devils advocate - I do understand the cops (Score:3, Interesting)
Re:The good old "child porn" excuse (Score:4, Interesting)
Re:Stop "Cooperating" With Law Enforcement (Score:4, 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.