FBI Director: ISPs should be required to track and retain data on internet users

[Spencer]

FBI director wants ISPs to track users

By Declan McCullagh
http://news.com.com/FBI+director+wants+ISPs+to+track+users/2100-7348_3-6126877.html

Story last modified Wed Oct 18 06:41:42 PDT 2006

FBI Director Robert Mueller on Tuesday called on Internet service providers to record their customers' online activities, a move that anticipates a fierce debate over privacy and law enforcement in Washington next year.

"Terrorists coordinate their plans cloaked in the anonymity of the Internet, as do violent sexual predators prowling chat rooms," Mueller said in a speech at the International Association of Chiefs of Police conference in Boston.

"All too often, we find that before we can catch these offenders, Internet service providers have unwittingly deleted the very records that would help us identify these offenders and protect future victims," Mueller said. "We must find a balance between the legitimate need for privacy and law enforcement's clear need for access."

The speech to the law enforcement group, which approved a resolution on the topic earlier in the day, echoes other calls from Bush administration officials to force private firms to record information about customers. Attorney General Alberto Gonzales, for instance, told Congress last month that "this is a national problem that requires federal legislation."

Justice Department officials admit privately that data retention legislation is controversial enough that there wasn't time to ease it through the U.S. Congress before politicians left to campaign for re-election. Instead, the idea is expected to surface in early 2007, and one Democratic politician has already promised legislation.

Law enforcement groups claim that by the time they contact Internet service providers, customers' records may have been deleted in the routine course of business. Industry representatives, however, say that if police respond to tips promptly instead of dawdling, it would be difficult to imagine any investigation that would be imperiled.

It's not clear exactly what a data retention law would require. One proposal would go beyond Internet providers and require registrars, the companies that sell domain names, to maintain records too. And during private meetings with industry officials, FBI and Justice Department representatives have cited the desirability of also forcing search engines to keep logs--a proposal that could gain additional law enforcement support after AOL showed how useful such records could be in investigations.

A representative of the International Association of Chiefs of Police said he was not able to provide a copy of the resolution.

Preservation vs. retention

At the moment, Internet service providers typically discard any log file that's no longer required for business reasons such as network monitoring, fraud prevention or billing disputes. Companies do, however, alter that general rule when contacted by police performing an investigation--a practice called data preservation.

A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."

Because Internet addresses remain a relatively scarce commodity, ISPs tend to allocate them to customers from a pool based on whether a computer is in use at the time. (Two standard techniques used are the Dynamic Host Configuration Protocol and Point-to-Point Protocol over Ethernet.)

In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.

When adopting its data retention rules, the European Parliament approved U.K.-backed requirements saying that communications providers in its 25 member countries--several of which had enacted their own data retention laws already--must retain customer data for a minimum of six months and a maximum of two years.

The Europe-wide requirement applies to a wide variety of "traffic" and "location" data, including: the identities of the customers' correspondents; the date, time and duration of phone calls, VoIP (voice over Internet Protocol) calls or e-mail messages; and the location of the device used for the communications. But the "content" of the communications is not supposed to be retained. The rules are expected to take effect in 2008.

I am so glad that we are winning the war on terror.  And online child sex predators.  And freedom.

Remember, "they" hate us for our freedom.  How many other nations in the world have the freedom to create and fund such a large bureacracy and paramilitary law enforcement culture?  Not Afghanistan.  Not Iraq.  Go USA!!!

[error]

I told you that BOTH parties were pushing for a police state, even as they both vehemently deny it.

If Robert Mueller wants me to retain records, he can come hold the gun to my head himself.

[Dreepa]

  And online child sex predators. 

That is the big scare tactic.. How can you be against it?
It is ......

for the children.

[Ron Helwig]

How many other nations in the world have the freedom to create and fund such a large bureacracy and paramilitary law enforcement culture?  Not Afghanistan.  Not Iraq.  Go USA!!!

Reminds me of a song...

During these hard days and hard weeks, everybody always
has it bad once in a while. You know, you have a bad time of
it, and you always have a friend who says "Hey man, you
ain't got it that bad. Look at that guy." And you at that
guy, and he's got it worse than you. And it makes you feel
better that there's somebody that's got it worse than you.

But think of the last guy. For one minute, think of the last
guy. Nobody's got it worse than that guy. Nobody in the
whole world. That guy...he's so alone in the world that he
doesn't even have a street to lay in for a truck to run him over.
He's out there with nothin'. Nothin's happenin' for that cat.

And all that he has to do to create a little excitement in his
own life is to bum a dime from somewhere, call up the FBI.
Say "FBl?", they say "Yes", say "I think Uncle Ho and Chair-
man Mao and their friends are comin' over for dinner" (click)
Hang up the phone.

And within two minutes, and not two minutes from when he
hangs up the phone, but two minutes from when he first put
the dime in, they got 30,000 feet of tape rollin'; files on tape;
pictures, movies, dramas, actions on tape. But then they send
out a half a million people all over the entire world, the globe,
they find out all they can about this guy.

'Cause there's a number of questions involved in the guy. I
mean, if he was the last guy in the world, how'd he get a dime
to call the FBI? There are plenty of people that aren't the last
guys that can't get dimes. He comes along and he gets a dime.

I mean, if he had to bum a dime to call the FBI, how was he
gonna serve dinner for all of those people? How could the
last guy make dinner for all those people. And if he could
make dinner, and was gonna make dinner, then why did he
call the FBI?

They find out all of those questions within two minutes. And
that's a great thing about America. I mean, this is the only
country in the world...l mean, well, it's not the only country
in the world that could find stuff out in two minutes, but it's
the only country in the world that would take two minutes
for that guy.

Other countries would say "Hey, he's the last guy...screw
him", you know? But in America, there is no discrimination,
and there is no hypocrisy,'cause they'll get anybody. And that's
a  wonderful thing about America.

Found at http://www.arlo.net/resources/lyrics/pause-claus.shtml

[Dan]

  And online child sex predators. 

That is the big scare tactic.. How can you be against it?
It is ......

for the children.

...and for the confiscation of evidence against Mark Foley.

[burnthebeautiful]

This is already law in The EU. ISP's are required to log data containing the time of every email sent and recieved, and a log of every webpage visited by every user. Absolutely disgusting.

[aries]

This is already law in The EU. ISP's are required to log data containing the time of every email sent and recieved, and a log of every webpage visited by every user. Absolutely disgusting.

if you ever email me, use a hushmail address
I'm mjc @ hush dot ai

I have no idea if they have any backdoors in, but at least I wont feel dirty, like someones reading my mail

[burnthebeautiful]

They don't log the contents of emails, just the times they were sent and received. But it's still creepy.