That's scary. And they'll use the same tactic to deflect criticism as they
do with wire-taps.

"If you aren't doing anything wrong you've got nothing to worry about."

On Fri, Feb 5, 2010 at 3:21 PM, Dana <[email protected]> wrote:

>
> http://news.cnet.com/8301-13578_3-10448060-38.html?tag=nl.e703
>
>
> February 5, 2010 9:16 AM PST
> FBI wants records kept of Web sites visited
> by Declan McCullagh <http://www.cnet.com/profile/declan00/>
>
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>
> The FBI is pressing Internet service providers to record which Web sites
> customers visit and retain those logs for two years, a requirement that law
> enforcement believes could help it in investigations of child pornography
> and other serious crimes.
>
> FBI Director Robert Mueller supports storing Internet users' "origin and
> destination information," a bureau attorney said at a federal task force
> meeting on Thursday.
>
> FBI director Robert Mueller
> (Credit: Anne Broache/CNET)
>
> As far back as a 2006 speech, Mueller had
> *called*<http://news.cnet.com/2100-7348_3-6126877.html>for data
> retention on the part of Internet providers, and emphasized the
> point two years later when *explicitly asking
> Congress*<http://news.cnet.com/8301-13578_3-9926803-38.html>to enact a
> law making it mandatory. But it had not been clear before that
> the FBI was asking companies to begin to keep logs of what Web sites are
> visited, which few if any currently do.
>
> The FBI is not alone in renewing its push for data retention. As CNET *
> reported* <http://news.cnet.com/8301-13578_3-10446503-38.html> earlier
> this
> week, a survey of state computer crime investigators found them to be
> nearly
> unanimous in supporting the idea. Matt Dunn, an Immigration and Customs
> Enforcement agent in the Department of Homeland Security, also expressed
> support for the idea during the task force meeting.
>
> Greg Motta, the chief of the FBI's digital evidence section, said that the
> bureau was trying to preserve its existing ability to conduct criminal
> investigations. Federal regulations in place since at least 1986
> *require*<http://law.justia.com/us/cfr/title47/47-3.0.1.1.1.0.2.7.html
> >phone
> companies that offer toll service to "retain for a period of 18
> months" records including "the name, address, and telephone number of the
> caller, telephone number called, date, time and length of the call."
>
> At Thursday's *meeting
> (PDF)*<http://www.ntia.doc.gov/frnotices/2010/FR_OSTWGMtg_100111.pdf>of
> the Online Safety and Technology Working Group, which was created by
> Congress and organized by the U.S. Department of Commerce, Motta stressed
> that the bureau was not asking that content data, such as the text of
> e-mail
> messages, be retained.
>
> "The question at least for the bureau has been about non-content
> transactional data to be preserved: transmission records, non-content
> records...addressing, routing, signaling of the communication," Motta said.
> Director Mueller recognizes, he added "there's going to be a balance of
> what
> industry can bear...He recommends origin and destination information for
> non-content data."
>
> Motta pointed to a 2006
> *resolution*<
> http://www.politechbot.com/2006/10/23/data-retention-endorsed/>from
> the International Association of Chiefs of Police, which called for
> the
> "retention of customer subscriber information, and source and destination
> information for a minimum specified reasonable period of time so that it
> will be available to the law enforcement community."
>
> Recording what Web sites are visited, though, is likely to draw both
> practical and privacy objections.
>
> "We're not set up to keep URL information anywhere in the network," said
> Drew Arena, Verizon's vice president and associate general counsel for law
> enforcement compliance.
>
> And, Arena added, "if you were do to deep packet inspection to see all the
> URLs, you would arguably violate the Wiretap Act."
>
> Another industry representative with knowledge of how Internet service
> providers work was unaware of any company keeping logs of what Web sites
> its
> customers visit.
>
> If logs of Web sites visited began to be kept, they would be available only
> to local, state, and federal police with legal authorization such as a
> subpoena or search warrant.
>
> What remains unclear are the details of what the FBI is proposing. The
> possibilities include requiring an Internet provider to log the Internet
> protocol (IP) address of a Web site visited, or the domain name such as
> cnet.com, a host name such as news.cnet.com, or the actual URL such as *
> http://reviews.cnet.com/Music/2001-6450_7-0.html*<
> http://reviews.cnet.com/mp3-players/>.
>
>
> While the first three categories could be logged without doing deep packet
> inspection, the fourth category would require it. That could run up against
> opposition in Congress, which
> *lambasted*<http://news.cnet.com/8301-13578_3-9993554-38.html>the
> concept in a series of hearings in 2008, causing the demise of a
> company, NebuAd, which pioneered it inside the United States.
>
> The technical challenges also may be formidable. *John
> Seiver*<http://www.dwt.com/people/JohnDSeiver>,
> an attorney at Davis Wright Tremaine who represents cable providers, said
> one of his clients had experience with a law enforcement request that
> required the logging of outbound URLs.
>
> "Eighteen million hits an hour would have to have been logged," a
> staggering
> amount of data to sort through, Seiver said. The purpose of the FBI's
> request was to identify visitors to two URLs, "to try to find out...who's
> going to them."
>
> A Justice Department representative said the department does not have an
> official position on data retention.
>
> *Disclosure: The author of this story participated in the meeting of the
> Online Safety and Technology Working Group, though after the law
> enforcement
> representatives spoke.*
>  Declan McCullagh <http://www.mccullagh.org/> is a contributor to CNET
> News
> and a correspondent for CBSNews.com who has covered the intersection of
> politics and technology for over a decade. Declan writes a regular feature
> called Taking Liberties, focused on individual and economic rights; you can
> bookmark his CBS News Taking Liberties
> site<
> http://www.cbsnews.com/sections/blogs/taking_liberties/main504383.shtml>,
> or subscribe to the RSS
> feed<
> http://feeds.feedburner.com/CBSNewsTakingLiberties?tag=contentMain%3bcontentAux
> >.
> You can e-mail Declan at [email protected].
>
>
> 

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