October 17, 2006 4:18 PM PDT
FBI director wants ISPs to track users
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"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
In events that were first reported by CNET News.com, Bush administration officials have said Internet providers must keep track of what Americans are doing online.
June 2005: Justice Department officials quietly propose data retention rules.
December 2005: European Parliament votes for data retention of up to two years.
April 14, 2006: Data retention proposals surface in Colorado and the U.S. Congress.
April 20, 2006: Attorney General Alberto Gonzales says data retention "must be addressed."
April 28, 2006: Rep. Diana DeGette proposes data retention amendment.
May 16, 2006: Rep. James Sensenbrenner drafts data retention legislation--but backs away from it two days later.
May 26, 2006: Gonzales and FBI Director Robert Mueller meet with Internet and telecommunications companies.
June 27, 2006: Rep. Joe Barton, chair of a House committee, calls new child protection legislation "highest priority."
"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.
CNET News.com's Anne Broache contributed to this report.
See more CNET content tagged:
legislation, Rep., law enforcement, Bush Administration, Internet Service Provider
96 comments
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But, consider yourself lucky. You get a front row seat to the decline and collapse of the United States of America.
I really wish it were not so. i love my country. But how can we do the same things - follow the same paths - as other failed governments and expect different results?
Physics and life just don't work that way.
with you than disagree, my friend. And this just makes the
situation incomprehensible; as incomprehensible today as it was
for a Jew in 1939 asking why no one could see, hear, or report
the truth.
As a very young person, I witnessed the later years of Joseph
McCarthy (R). Then, as a young adult I endured the insane years
of Vietnam, Nixon (R), and Watergate. At our present point
during the Vietnam era, the country was ablaze with revolt and
civil disobedience. Campuses were shut due to demonstrations.
Mark Rudd, by this point in those times, was smoking a cigar in
the President's Office of Columbia University. The talk was of
revolution; and, later, of impeachment. But this is NOT 1968.
Because today, there is....NOTHING!!!!!!!!!!!!!!!!!!!
Why?
Incomprehensible? Incomprehensible!
Our present time combines McCarthyism, witch-hunting, red-
baiting, erosion of Constitutional rights, press censorship, illegal
spying, unbridled capitalism, an imperious and unstoppable
Chief Executive and Congress, and I might add, the descent into
a social, moral, and spiritual malaise overall. The current efforts
to police, invade privacy, and conduct systemic surveillance of
all internet activities are nothing less than "Totalitarian" (read:
China).
While Joseph McCarthy had the excuse of "Communism", Bush
and Congress have the excuse of "terrorism". As Nixon used
political spying and espionage to uncover his "enemies", he was
ensared by his own tape recorder. Today, we witness the same
stratagems used then, the same fear monging, the same casus
belli, the same intent to create a police state - by members of
that same political party.
And, hopefully, the outcome too will be the same as it was in
1954 and 1974.
PS: Americans do catch on eventually. Be patient.
<a class="jive-link-external" href="http://www.teckmagazine.com/reviews/hardware-reviews/plextor-px-760a-internal-dvd-drive-review.html" target="_newWindow">http://www.teckmagazine.com/reviews/hardware-reviews/plextor-px-760a-internal-dvd-drive-review.html</a>
world to see their pedophile behavior, then MAYBE I would consider this outright invasion of privacy.
FUD ? = a manifestation of the appeal to fear.
<a class="jive-link-external" href="http://en.wikipedia.org/wiki/Fear%2C_uncertainty_and_doubt" target="_newWindow">http://en.wikipedia.org/wiki/Fear%2C_uncertainty_and_doubt</a>
....
In the past it was the McCarthian and Evangelical fundamentalists that saw communists and daemons behind every bush, now Bush sees terrorists behind every democratic liberty like privacy and freedom of speech.
...
I experienced it under Nazis in my family and personally in another despotic system like the DDR (German 'Democratic' Rep) and South African Aparteid's National Socialism. The openness of the culture of democracy is usurped to produce a completely transparent citizen, who's information will be misused; no it is not a question of 'if' it is only a question of 'when'. If the information could be kept secret and safe, it will be OK. Those who believe it is safe, is "living in cuckoo land"! Bush has shown us how unscrupulous he is with the misinformation and blatant lying about the Iraq war. Welcome to 1984; George Orwell. Phone tapping without legal foundation; Fabricating reasons for and results of wars; removing freedom of speech and misusing privacy; maiming and torture to get the answers you determine to be the truth; legalising the use of such information as truth, like in the middle ages (what kind of legal system allows that? - but where capital punishment is exercised, this primitive age has prevailed).
How do you solve the problem that 'apparently' needs these measures. Everyone knows that injustice breeds contempt and terror. Stop the injustice. Just read your Bible! Psalm 58 - 1 Do you rulers indeed speak justly? Do you judge uprightly among men? 2 No, in your heart you devise injustice, and your hands mete out violence on the earth. Also read Micah 3: 9 So listen to my message, you rulers of Israel (USA)! You hate justice and twist the truth. 10 You make cruelty and murder a way of life in Jerusalem (Washington). You are a God fearing president's God loving and divinely elected greatest nation on the planet. How do they get it so wrong ??? (I know most US citizens do not share these divinely bestowed beliefs. It is time to rise up and stand for justice. You stood up to Adolf H!) - and I do not need to read the Islamic literature to see the injustice it's in the book the president lays his hand on when he makes a 'holy' oath! Someone that is unknowingly doing evil is better off than someone who knowingly under oath is doing evil. For this the Catholics invented purgatory.
- Dwight Eisenhower
Well we are all going to prison- step by step. It's all courtesy of a government that has more fear than wisdom. Each new intrusion, inspection, and limitation enacted with the best of intentions upon us by our government transforms our way of life into a system we fought and are fighting wars to resist. Each policy change viewed in isolation seems hardly a threat to the average law abiding person. Who is hurt if all our calls and emails are monitored by government agencies? Why get upset if everything we do is recorded so authorities can later sift through the paper trail to find criminal behavior? Why object to a president that signs a law entitling himself to decide what constitutes torture or who has constitutional rights? Why raise a fuss if our government decides a group or country it distrusts must be attacked now to prevent a possible future threat?
It seems irresistible for a government to always reach for more power, more authority, more instruments to conduct in the illusive goal of greater security. The road to hell is paved with good intentions. This is one government project we seem to be making much progress in!
more of our rights and privacy away.
To say it is just because of the Republicans, however, is very naive.
Just look who is introducing the bill . . .
<a class="jive-link-external" href="http://news.com.com/Data+retention+bill+expected+next+week/21" target="_newWindow">http://news.com.com/Data+retention+bill+expected+next+week/21</a>
00-1028_3-6118283.html?tag=nl
It's a Democrat. Everyone pretty much knows that the Democrats
are more socialist in nature than the Republicans. Hitler was a
socialist. Wait, I'm not saying that Dems are nazis, but that socialist
policies often ask citizens to give up personal rights "for the greater
good." Hitler just used the concept for his own selfish and evil plans.
Republicans, however stupid they are being here, are traditionally
less government and more capitalistic in nature. For capitalism to
thrive it requires a free and open society. Before you jump to
conclusions about people groups, look back into history and study
the philosophies and ideas behind the names you quote. The truth
is that Republicans here are acting more like socialists than capitalists.
Shame on them.
I wonder if they release that this information will be kept on THEIR access as well.
The FBI Director can take a flying leap from the Statue of Liberty for all I care, since he is pretty much throwing the American Citizen from it anyways.
I wonder if they release that this information will be kept on THEIR access as well.
Very funny, though.
privacy of your house... you know, just in case you turn out to be a
criminal - we need to have that.
I hope people are going to fight this.
The year is 2054. In many ways, the United States is the same five decades into the future as it is today, but, in other, important ways, it has changed. Washington D.C., once the murder capital of the union, is now the safest place to live - thanks in large part to the Department of Pre-Crime, an elite taskforce of law officers who, by using the predictive capabilities of three captive "precogs", know that a murder is going to happen before it takes place. Armed with that knowledge, they can arrest someone before he actually kills, saving the victim(s) and preventing the crime.
Minority Report - not so strange after all... Bush is exporting (besides democracy) a global Pre-Crime effort .... together wirh his new "Space Policy"
<a class="jive-link-external" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/18_10_06_usspace.pdf" target="_newWindow">http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/18_10_06_usspace.pdf</a>
A small sample:
To achieve the goals of this policy, the Secretary of Defense shall:
" Maintain the capabilities to execute the space support, force enhancement, space control,
and force application missions;
" Establish specific intelligence requirements that can be met by tactical, operational, or
national-level intelligence gathering capabilities;
" Provide, as launch agent for both the defense and intelligence sectors, reliable, affordable,
and timely space access for national security purposes;
" Provide space capabilities to support continuous, global strategic and tactical warning as well as multi-layered and integrated missile defenses;
" Develop capabilities, plans, and options to ensure freedom of action in space, and, if
directed, deny such freedom of action to adversaries;
Who are the adversaries - the Axis-of-Evil now, anyone next - no still better; everyone is denied the freedom. What arrogance? The Chinese will not obey! This is the reason why Iran, Pakistan, N.Korea and others are also working on it to get nuclear arms to keep US warmongers at bay. Bush has made it all far worse, and there is no turnabout any more ... The Nuclear arms race has just started thanks to the US-Oligarchical imperialistic tendencies (Europe as the biggest imperialists of them all, closed that chapter not so long ago).
...
and go to north korea i,m sure they will protect you.
Wake up, you and your comments are the tragedy that has ALREADY BEFALLEN, this once great country.
Too late pal...bumbling idiot
RAP
And, since the article is NOT addressing phone records you, predictably, will not see it addressed in these privacy-advocating comments.
The whittle effect is in play here. Law enforcement is stepping over the line and will continue to push the limits of privacy-invasion until someone who actually has some IQ about it can step in and get the system balanced.
our private data and not lose it in yet another "break-in" or "lost
laptop".
Since they obviously can NOT accomplish that simple task, I say
they should WORK WITH THE LAWS THEY ALREADY HAVE!
Come on people, do you really believe that the guilty have gone
free due to the ISP's not working with the police? DEE-DEE-DEE!
How stupid can you be? Re-read that article, the ISP's are already
retaining data for police use. The issue isn't the data isn't there,
the issue is the government can't go back 6 months to find
skeletons in the closet of AMERICANS who don't agree with their
draconian, nazi view on the world.
WAKE UP PEOPLE - IMPEACH THE SON OF A BUSH!! NOW!!!
<<a class="jive-link-external" href="http://news.com.com/2061-10789_3-6126816.html?" target="_newWindow">http://news.com.com/2061-10789_3-6126816.html?</a>
part=rss&tag=6126816&subj=news>
Until "accidents" like this are halted entirely, I say we TAKE AWAY
our government power to violate the privacy of AMERICAN
CITIZENS! I mean really now, isn't identity theft enough of a
problem already?
If you're still thinking this is OK, keep in mind the two key
phrases they are using to push through this nazi trash -
"terrorists" and "child molesters". Remember they use that same
line anytime they want to trample on YOUR CONSTITUTIONAL
RIGHTS!
It's not about terrorist or child molesters, they can catch them
now with the tools they already have (if they wanted to, but then
they couldn't use these "magic" phrases anymore). It's about
keeping tabs on the government's enemies, both foreign AND
DOMESTIC! No, I'm not talking about domestic terrorists, but
political demonstrators and true PATRIOTS.
Remember who the true enemies of America are. They are not
hiding in spider holes in some desert, nor being tried in some
Iraqi show trial, nor are they prancing around the Tora Bora
mountains. THEY ARE IN THE WHITE HOUSE RIGHT NOW!!!
My bad. Sorry.
then culminates with chips, GPS, and cameras everywhere. Doesn't
anybody remember 1984 and the story of Big Brother?
anyjerk who might have terrorist thoughts can go to most libraries to use the net
anyjerk who might have terrorist thoughts can use web mail under an assumed name in any pay to use internet like those offered in public transportation places and in various cities around the world.
this is just blantant stupidity so the government can say they have done something wonderful to protect us. JUST DUMB!!!!
anyjerk who might have terrorist thoughts can go to most libraries to use the net
anyjerk who might have terrorist thoughts can use web mail under an assumed name in any pay to use internet like those offered in public transportation places and in various cities around the world.
this is just blantant stupidity so the government can say they have done something wonderful to protect us. JUST DUMB!!!!
Now, think about it...in order to catch them *before* they take action, wouldn't they have to sift through the data first looking for possible violations? And isn't that illegal?
There's obviously no way they could use the data after the fact to try to stop them.
Couple this with the Military Commissions Act, and things get even scarier.
these very offenses???? and expect change, as if they dont know
what they are doing??????
genius
pure and simple genius
convey if properly administered, but in the light of the wrongs it
would do and the harms it would cause if improperly
administered." -- Lyndon Johnson
and...
"Power always has to be kept in check; power exercised in
secret, especially under the cloak of national security, is doubly
dangerous." -- William Proxmire
Reminds me of something... and does anyone really honestly
know how the government monitors our calls and banks, or
under what circumstances? The lack of transparency is what
really bothers me.