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| Science & Technology |
| Justice Dept. tells ISPs it may need data to counter terrorism and child porn and stuff |
| 2006-06-03 |
| The Justice Department is asking Internet companies to keep records on the Web-surfing activities of their customers to aid law enforcement, and may propose legislation to force them to do so. The director of the FBI, Robert Mueller, and Attorney General Alberto Gonzales held a meeting in Washington last Friday at which they offered a general proposal on record-keeping to a group of senior executives from Internet companies, said Brian Roehrkasse, a spokesman for the department. The meeting included representatives from America Online, Microsoft, Google, Verizon and Comcast. The attorney general has appointed a task force of department officials to explore the issue, and that group is holding another meeting with a broader group of Internet executives today, Roehrkasse said. The department also met Thursday with a group of privacy experts. The Justice Department is not asking the Internet companies to give it data about users, but rather to retain information that could be subpoenaed through existing laws and procedures, Roehrkasse said. While initial proposals were vague, executives from companies that attended the meeting said they gathered that the department is interested in records that would allow them to identify which individuals visited certain Web sites and possibly conducted searches using certain terms. It also wants the Internet companies to retain records about whom their users exchange e-mail with, but not the contents of e-mail messages, the executives said. The executives spoke on the condition that they not be identified, because they did not want to offend the Justice Department. The proposal and the initial meeting were first reported by CNet News.com and USA Today. The department proposed that the records be retained for as long as two years. Most Internet companies discard such records after a few weeks or months. In its proposal, the department appears to be trying to determine whether Internet companies will voluntarily agree to keep certain information or if it will need to seek legislation to require them to do so. The request comes as the government has been trying to extend its power to review electronic communications in several ways. The New York Times reported in December that the National Security Agency had gained access to phone and e-mail traffic with the cooperation of telecommunications companies, and USA Today reported last month that the agency had collected telephone calling records. The Justice Department has subpoenaed information on Internet search patterns -- but not the searches of individuals -- as it tries to defend a law intended to protect children from pornography. In a speech in April, Gonzales said investigations into child pornography had been hampered because Internet companies had not always kept records that would help prosecutors identify people who traded in illegal images. "The investigation and prosecution of child predators depends critically on the availability of evidence that is often in the hands of Internet service providers," Gonzales said in remarks at the National Center for Missing and Exploited Children in Alexandria, Va. "This evidence will be available for us to use only if the providers retain the records for a reasonable amount of time." An executive of one Internet provider that was represented at the first meeting said Gonzales began the discussion by showing slides of child pornography from the Internet. But later, one participant asked Mueller why he was interested in the Internet records. The executive said Mueller's reply was: "We want this for terrorism." At the meeting with privacy experts on Thursday, Justice Department officials focused on wanting to retain the records for use in child pornography and terrorism investigations. But they also talked of their value in investigating other crimes like intellectual property theft and fraud, said Marc Rotenberg, executive director of the Electronic Privacy Information Center in Washington. "It was clear that they would go beyond kiddie porn and terrorism and use it for general law enforcement," Rotenberg said. Officials sought to assuage concerns that the retention of the records could compromise the privacy of Americans. But Rotenberg said he left the session with lingering concerns. "This is a sharp departure from current practice," he said. "Data retention is an open-ended obligation to retain all information on all customers for all purposes, and from a traditional Fourth Amendment perspective, that really turns things upside down." At today's meeting with executives of Internet access companies, Justice Department officials plan to go into more detail about what types of records they would like to see retained and for how long, said a Justice Department official who spoke on condition of anonymity. "It will be much more nuts-and-bolts discussions," he said, adding that the department would stop short of offering formal proposals. |
| Posted by:Anonymoose |
| #3 Is the Justice Department going to pay for this data retention? No it is not. I sure as hell do not want to pay for it. It going to be exceedingly expensive to store all this data. I also know how this data will actually get used. It will really get used to see if we are "stealing" the MPAA and RIAA members "intelectual property" It won't be about tracking down terrorists. If they want the data they can pay for it after they get a warrant. |
| Posted by: Sock Puppet of Doom 2006-06-03 17:52 |
| #2 they should get a warrant first |
| Posted by: Frank G 2006-06-03 14:28 |
| #1 Um.. no. In this aspect, I would say the Justice department has gone too far. No only the data storage and safekeeping costs would be far greater than most companies could afford, this is a little too much big brotherish. Terrorism I could see, but not only does the DoJ want to combat child porn, but the law can be seen as an attack on all porn. Some of the writers of the law also want to apply it to campaign spending, like the 527s as well. There is far more information to gain from somebody from seeing what they surf. You can build entire psyche profiles off them. The web anonymity would be gone. There has been talk in congress to put another law out like McCain-Feingold to apply to the web. Then they could easily force ISPs to turn over records and fine/imprison not only the website, but the contributors as well since they are acting against the law. |
| Posted by: DarthVader 2006-06-03 12:59 |