FBI director wants ISPs to track users

blackredyellowblackredyellow Posts: 5,889
edited October 2006 in A Moving Train
"big guy, big eye, watchin' me"


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 Tue Oct 17 17:38:56 PDT 2006

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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.
ISP snooping time line

"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.
My whole life
was like a picture
of a sunny day
“We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
― Abraham Lincoln
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Comments

  • ledveddermanledvedderman Posts: 7,761
    If the terrorists begin meeting at McDonalds is everyone that goes there going to have their background looked at as a potential terrorist just because they happened to eat at McDonalds?
  • I'd be worried that it would be used in the wrong way. For instance...if someone looks at a website that talks about Jihad just for informational purposes, the FBI could easily accuse them of being a danger. Another form of Mccarthyism.
  • and according to the latest laws signed by junior, you could then be arrested, detained without any other form of rights until your trial by a military court. hummmmmm...
    Reality isn't what it used to be.
  • I'd be worried that it would be used in the wrong way. For instance...if someone looks at a website that talks about Jihad just for informational purposes, the FBI could easily accuse them of being a danger. Another form of Mccarthyism.

    I don't think of myself as paranoid, but I stopped reading al-Jazeera on my work computer because I figured someone would be watching and want to know why I was reading it. (My employer has a lot of government contracts.)

    So I lost a little bit of my freedom . . .
    "Things will just get better and better even though it
    doesn't feel that way right now. That's the hopeful
    idea . . . Hope didn't get much applause . . .
    Hope! Hope is the underdog!"

    -- EV, Live at the Showbox
  • PaperPlatesPaperPlates Posts: 1,745
    Hope&Anger wrote:
    I don't think of myself as paranoid, but I stopped reading al-Jazeera on my work computer because I figured someone would be watching and want to know why I was reading it. (My employer has a lot of government contracts.)

    So I lost a little bit of my freedom . . .

    you didnt lose your freedoms one bit, except maybe in your head.
    Why go home

    www.myspace.com/jensvad
  • you didnt lose your freedoms one bit, except maybe in your head.
    So until someone actually locks me up, I'm free? Isn't freedom a state of mind?
    "Things will just get better and better even though it
    doesn't feel that way right now. That's the hopeful
    idea . . . Hope didn't get much applause . . .
    Hope! Hope is the underdog!"

    -- EV, Live at the Showbox
  • rebornFixerrebornFixer Posts: 4,901
    Hope&Anger wrote:
    So until someone actually locks me up, I'm free? Isn't freedom a state of mind?

    al-Jazeera sucks, but I understand your concern ... I've looked at a great many websites looking for information, and many of them could be construed as dangerous or criminal.
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