(c/o M)

EU reconsiders new data retention laws
News Story by Simon Taylor
http://www.computerworld.com/securitytopics/security/story/0,10801,98100,00.
html

DECEMBER 07, 2004 (IDG NEWS SERVICE) - European Union justice ministers are
rethinking measures to force telecommunications companies and Internet
service providers to retain data to use in the fight against crime and
terrorism. ISPs are still warning that current plans could devastate the
industry.

Late last week, EU justice and home affairs ministers debated plans to force
electronic communications providers to retain information for up to three
years. Under draft legislation proposed by the U.K., Ireland, Sweden and
France in April, operators would have to keep for at least 12 months all
data concerning the source, routing, destination, time, date and duration of
communications as well as the location of the telecom device used in a
particular transmission.

The data to be stored would be that obtained by operators for billing and
other commercial purposes. The move is part of the EU's drive to combat
terrorism. Rules would apply to providers of fixed-line services, mobile
phones, SMS operators and ISPs, including VoIP providers.

But both ISPs and telecommunications companies have insisted that the
proposal is unworkable and would hit operators with enormous costs, massive
security issues and, in some cases, impossible technical difficulties in
collecting and storing the data.

"Data retention is one of the most important issues ever faced by the
Internet services industry," according to a position paper issued by the
European ISP association EuroISPA in September. It warned that the
implications of the proposed measures could be "devastating" for the
industry.

At last week's meeting, ministers indicated they were prepared to consider
another approach to the collection of data, since not all operators
collected information in the same way. For example, some service providers
apply a flat-rate system, where the relevant data is simply erased after
communication has been terminated.

Instead, ministers considered a different approach where operators would be
required to supply a common list of data. Richard Nash, EuroISPA
secretary-general, said the fact that the ministers were examining an
alternative approach showed that there was "some recognition of serious
flaws in the original proposal".

But he argued that the fundamental problems remain. The proposal was "so
far-reaching as to destroy the industry," he said. There is a perception
among EU legislators that an ISP could "flick a button and the data will be
on a disc, ready cataloged. But it's just not possible to do that," Nash
said.

Ministers have referred the legislation back to experts and have set
themselves a deadline of June 2005 to finalize new rules.



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