Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-29 Thread Michael Erskine





The FBI wants to pay the major telecommunications companies to retain 
their
customers' Internet and phone call information for at least two years 
for
the agency's use in counterterrorism investigations and is asking 
Congress

for $5 million a year to defray the cost, according to FBI officials and
budget documents.

However, if we are forced to retain records, I do believe I would like to be
paid to do that.

If congress requires us to retain these records, it may be helpful if 
they also

fund the effort?

Currently I keep three years of AAA records.  If you logged on our system
in the past three years, I know when, where and how.

I have used that information to satisfy two subpoena's in as many months.

So ... let them pay us.  It is better than having to do it for nothing 
but it is not

better than not having to do it at all.

-m-
P.S.  I said it because it makes me feel better about myself.

Would you like to see your advertisement here?  Let the WISPA Board know your 
feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

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Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-29 Thread Jeromie Reeves
The problem (as I see it) is that it will start with just the AAA, and
then it will be all emails, then all IM, then all voip. Where will it
end? That is why I think the cost of it should be on the ISP and
should be very clearly explained in the TOS/AUP. Government funding
for it will lead to Government control. This is one place it just
plain is not needed.

On 7/29/07, Michael Erskine [EMAIL PROTECTED] wrote:

 
 
  The FBI wants to pay the major telecommunications companies to retain
  their
  customers' Internet and phone call information for at least two years
  for
  the agency's use in counterterrorism investigations and is asking
  Congress
  for $5 million a year to defray the cost, according to FBI officials and
  budget documents.
 However, if we are forced to retain records, I do believe I would like to be
 paid to do that.

 If congress requires us to retain these records, it may be helpful if
 they also
 fund the effort?

 Currently I keep three years of AAA records.  If you logged on our system
 in the past three years, I know when, where and how.

 I have used that information to satisfy two subpoena's in as many months.

 So ... let them pay us.  It is better than having to do it for nothing
 but it is not
 better than not having to do it at all.

 -m-
 P.S.  I said it because it makes me feel better about myself.
 
 Would you like to see your advertisement here?  Let the WISPA Board know your 
 feelings about allowing advertisements on the free WISPA lists.  The current 
 Board is taking this under consideration at this time.  We want to know your 
 thoughts.
 
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Board is taking this under consideration at this time.  We want to know your 
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Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-29 Thread Michael Erskine

Now, there is a well reasoned argument if I have ever heard one.

Make the ISP pay for it and thereby ensure that the ISP protects the 
privacy of his

customers.

Good argument Jeromie, very good argument.

I yield to a more reasoned argument and I agree with you.

-m-



Jeromie Reeves wrote:

The problem (as I see it) is that it will start with just the AAA, and
then it will be all emails, then all IM, then all voip. Where will it
end? That is why I think the cost of it should be on the ISP and
should be very clearly explained in the TOS/AUP. Government funding
for it will lead to Government control. This is one place it just
plain is not needed.

On 7/29/07, Michael Erskine [EMAIL PROTECTED] wrote:
  

The FBI wants to pay the major telecommunications companies to retain
their
customers' Internet and phone call information for at least two years
for
the agency's use in counterterrorism investigations and is asking
Congress
for $5 million a year to defray the cost, according to FBI officials and
budget documents.


However, if we are forced to retain records, I do believe I would like to be
paid to do that.

If congress requires us to retain these records, it may be helpful if
they also
fund the effort?

Currently I keep three years of AAA records.  If you logged on our system
in the past three years, I know when, where and how.

I have used that information to satisfy two subpoena's in as many months.

So ... let them pay us.  It is better than having to do it for nothing
but it is not
better than not having to do it at all.

-m-
P.S.  I said it because it makes me feel better about myself.

Would you like to see your advertisement here?  Let the WISPA Board know your 
feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

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feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

  



Would you like to see your advertisement here?  Let the WISPA Board know your 
feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

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Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-26 Thread Michael Erskine

No, Peter.  This was not off topic.

I just deleted the rest of my response.  I figure that I don't really have
to explain my opinion to you.

-m-



Peter R. wrote:
Well, this was totally off topic. Nothing better to improve 
relationships than anti-gov't chatter on an open, archived list.


Thanks, M.  (I think isp-chat is for this).

- Peter

Michael Erskine wrote:

Jeromie;


I am writing this before reading the rest of the thread.

Please be patient with me.



UHG!!! What a waste of resources. Can anyone point to even ONE
terrorist that has even been sniffed out due to data from an ISP? I
did a few quick Google searches and no case has popped up.



I detest the FBI.  We have a special relationship.  We try to keep it
professional.

That said, can you imagine any situation in which the 
counter-intelligence

responsible agency in the US government would ever find it desirable
to actually document in public how they got the intelligence that 
lead to

someone being sniffed out?

Honestly, they are not likely to tell you how the got what they got 
until

the court case is finished, are they?  Even then there are mechanisms
where information is not allowed to enter the official court record.



IMO
terrorist groups have show that they know how to operate and not leave
a trail that leads anyplace important till after the fact.



Is that your Intelligence Professional opinion?  ;)



Anyone
remember when it was requested that encryptions have a back door? I
think this is partly fall out from then. How many ISPs have people who
use PGP? As a computer shop I can think of at least a few people who
are using PGP/OpenPGP and one who uses a 2048bit cypher. What is
WISPA`s official stance on this subject?





Anyone remember when the Wall Street Journal reported that NSA could
crack PGP?  I do.


All that said, do I think that this is a good idea?  Hell no!  I 
think that the

FBI is like any other gubmit agency.  Eighty percent of their employees
go to work every day at 9 AM and get off at 3 PM.  The rest of them
carry the load.  It is the 80% moron population that proposed this brain
dead idea...

Someone send them a note 'cause they impress me as much today as
they ever have...

One last thing worth remembering about the FBI.  800 background
files buy a LOT of VOTES, especially when about 400 of them are
Congress critters.

That ain't politics.  That is history.

-m-

 

Would you like to see your advertisement here?  Let the WISPA Board 
know your feelings about allowing advertisements on the free WISPA 
lists.  The current Board is taking this under consideration at this 
time.  We want to know your thoughts.
 







Would you like to see your advertisement here?  Let the WISPA Board know your 
feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

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Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-25 Thread Jeromie Reeves

UHG!!! What a waste of resources. Can anyone point to even ONE
terrorist that has even been sniffed out due to data from an ISP? I
did a few quick Google searches and no case has popped up. IMO
terrorist groups have show that they know how to operate and not leave
a trail that leads anyplace important till after the fact. Anyone
remember when it was requested that encryptions have a back door? I
think this is partly fall out from then. How many ISPs have people who
use PGP? As a computer shop I can think of at least a few people who
are using PGP/OpenPGP and one who uses a 2048bit cypher. What is
WISPA`s official stance on this subject?



On 7/25/07, David Hughes [EMAIL PROTECTED] wrote:

FBI Seeks To Pay Telecoms For Data
$5 Million a Year Sought for Firms To Keep Databases

By Ellen Nakashima
Washington Post Staff Writer
Wednesday, July 25, 2007; A07

The FBI wants to pay the major telecommunications companies to retain their
customers' Internet and phone call information for at least two years for
the agency's use in counterterrorism investigations and is asking Congress
for $5 million a year to defray the cost, according to FBI officials and
budget documents.

The FBI would not have direct access to the records. It would need to
present a subpoena or an administrative warrant, known as a national
security letter, to obtain the information that the companies would keep in
a database, officials said.

We have never asked for the ability to have direct access to or to 'data
mine' telephone company databases, said John Miller, the FBI's assistant
director for public affairs. The budget request simply seeks to absorb the
cost to the service provider of developing an efficient electronic system
for them to retain and deliver the information after it is legally
requested.

The proposal has raised concerns by civil libertarians who point to telecom
companies' alleged involvement in the government's domestic surveillance
program and to a recent Justice Department inspector general's report on FBI
abuse of national security letters. In one case, a senior FBI official
signed the letters without including the required proof that they were
linked to FBI counterterrorism or espionage investigations.

The report also disclosed that the bureau was issuing exigent letters,
telling telephone companies that the bureau needed information immediately
and would follow up with subpoenas later. In many cases, agents did not
follow up. Moreover, Inspector General Glenn A. Fine found, there was no
legal basis to compel the disclosure of information using such letters.

The proposal is circumventing the law by paying companies to do something
the FBI couldn't do itself legally, said Michael German, American Civil
Liberties Union policy counsel on national security. Going around the
Fourth Amendment by paying private companies to hoard our phone records is
outrageous.

Mark J. Zwillinger, a Washington lawyer who represents Internet service
providers, said companies have no business reason to keep the data.
Moreover, he said he did not think telecom companies are in the business of
becoming the investigative arm for the government, keeping data just so the
government can get access to it. That's really what the government is asking
for: 'Keep data on hundreds of millions of users just in case we need to get
data for 15 individuals.' 

Last year, according to industry sources, U.S. Attorney General Alberto R.
Gonzales and FBI Director Robert S. Mueller III urged telecom providers to
keep subscriber information and network data for two years. Legislation is
pending in Congress that would require companies to keep the data. What type
and for how long would be up to the attorney general.

The administration is also attempting to win immunity for telecom companies
from criminal and civil liability for any role in the surveillance program.

Telecoms have been providing data legally to the government and then
charging for it, said a government official not authorized to speak publicly
about the matter and who spoke on condition of anonymity. The cost is about
$1.8 million a year since the Sept. 11, 2001, attacks, the official said.

The idea now, the official said, is to have the telecom companies create and
maintain databases of phone and Internet records so that when they receive a
subpoena or national security letter, they can deliver the information
expeditiously in electronic form.

Zwillinger, an Internet and data protection expert with Sonnenschein Nath
amp; Rosenthal and a former federal prosecutor, said that merely retaining
the records creates a very attractive trove of data that can be subpoenaed
by other entities, such as lawyers in divorce proceedings or other civil
litigation.

The FBI's proposal to pay companies for the records was reported previously
by ABC News.


Would you like to see your advertisement here?  Let the WISPA Board know 

Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-25 Thread Jack Unger

Jeromie,

While personally I agree with your view, I don't believe WISPA has an 
official stance or an official position on this subject as yet. Keep 
in mind that this news item 
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072402479.html 
just appeared in print yesterday.


If enough WISPA members express their views then the Board should be 
able to determine a majority view of WISPA members. WISPA may then 
choose to communicate that majority view to Congress.


Individual WISPS are of course free to also express their views directly 
to Congress. Although the term politician carries a negative 
connotation these days, it is our elected members of Congress who write 
the laws that determine what each of us as individuals as well as what 
the employees of our 15 different national intelligence agencies can and 
can not legally do.


jack


Jeromie Reeves wrote:

UHG!!! What a waste of resources. Can anyone point to even ONE
terrorist that has even been sniffed out due to data from an ISP? I
did a few quick Google searches and no case has popped up. IMO
terrorist groups have show that they know how to operate and not leave
a trail that leads anyplace important till after the fact. Anyone
remember when it was requested that encryptions have a back door? I
think this is partly fall out from then. How many ISPs have people who
use PGP? As a computer shop I can think of at least a few people who
are using PGP/OpenPGP and one who uses a 2048bit cypher. What is
WISPA`s official stance on this subject?



On 7/25/07, David Hughes [EMAIL PROTECTED] wrote:

FBI Seeks To Pay Telecoms For Data
$5 Million a Year Sought for Firms To Keep Databases

By Ellen Nakashima
Washington Post Staff Writer
Wednesday, July 25, 2007; A07

The FBI wants to pay the major telecommunications companies to retain 
their
customers' Internet and phone call information for at least two years 
for
the agency's use in counterterrorism investigations and is asking 
Congress

for $5 million a year to defray the cost, according to FBI officials and
budget documents.

The FBI would not have direct access to the records. It would need to
present a subpoena or an administrative warrant, known as a national
security letter, to obtain the information that the companies would 
keep in

a database, officials said.

We have never asked for the ability to have direct access to or to 
'data
mine' telephone company databases, said John Miller, the FBI's 
assistant
director for public affairs. The budget request simply seeks to 
absorb the
cost to the service provider of developing an efficient electronic 
system

for them to retain and deliver the information after it is legally
requested.

The proposal has raised concerns by civil libertarians who point to 
telecom

companies' alleged involvement in the government's domestic surveillance
program and to a recent Justice Department inspector general's report 
on FBI

abuse of national security letters. In one case, a senior FBI official
signed the letters without including the required proof that they were
linked to FBI counterterrorism or espionage investigations.

The report also disclosed that the bureau was issuing exigent letters,
telling telephone companies that the bureau needed information 
immediately

and would follow up with subpoenas later. In many cases, agents did not
follow up. Moreover, Inspector General Glenn A. Fine found, there was no
legal basis to compel the disclosure of information using such letters.

The proposal is circumventing the law by paying companies to do 
something

the FBI couldn't do itself legally, said Michael German, American Civil
Liberties Union policy counsel on national security. Going around the
Fourth Amendment by paying private companies to hoard our phone 
records is

outrageous.

Mark J. Zwillinger, a Washington lawyer who represents Internet service
providers, said companies have no business reason to keep the data.
Moreover, he said he did not think telecom companies are in the 
business of
becoming the investigative arm for the government, keeping data just 
so the
government can get access to it. That's really what the government is 
asking
for: 'Keep data on hundreds of millions of users just in case we need 
to get

data for 15 individuals.' 

Last year, according to industry sources, U.S. Attorney General 
Alberto R.
Gonzales and FBI Director Robert S. Mueller III urged telecom 
providers to
keep subscriber information and network data for two years. 
Legislation is
pending in Congress that would require companies to keep the data. 
What type

and for how long would be up to the attorney general.

The administration is also attempting to win immunity for telecom 
companies
from criminal and civil liability for any role in the surveillance 
program.


Telecoms have been providing data legally to the government and then
charging for it, said a government official not authorized to speak 
publicly
about the matter and who spoke 

Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-25 Thread Jeromie Reeves

On 7/25/07, Jack Unger [EMAIL PROTECTED] wrote:

Jeromie,

While personally I agree with your view, I don't believe WISPA has an
official stance or an official position on this subject as yet. Keep
in mind that this news item
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072402479.html
just appeared in print yesterday.


This has been talked about many times on the lists. I understand its
to early to get a official position, that is exactly why I asked.
This is imho a easy thing to decide. If a ISP wants to hold the
records then its should be part of their SOP. Not Law. They should
only be paid for them if/when the LEA needs them. Any other stance is
baffling. The Gov will not pay for CALEA but will for this, that
amounts to about the same thing (some over lap of requirements)



If enough WISPA members express their views then the Board should be
able to determine a majority view of WISPA members. WISPA may then
choose to communicate that majority view to Congress.

Individual WISPS are of course free to also express their views directly
to Congress. Although the term politician carries a negative
connotation these days,


As it did when we were founded. Much of this nations founding fathers
hated the need for such people. Sadly much of the ideas from that time
period have been lost and the words twisted. As a citizen I plan to
express my dislike for this idea.


it is our elected members of Congress who write
the laws that determine what each of us as individuals as well as what
the employees of our 15 different national intelligence agencies can and
can not legally do.


Yup I know that. I speak up when I can, not that I feel my voice is very loud.



jack


Jeromie Reeves wrote:
 UHG!!! What a waste of resources. Can anyone point to even ONE
 terrorist that has even been sniffed out due to data from an ISP? I
 did a few quick Google searches and no case has popped up. IMO
 terrorist groups have show that they know how to operate and not leave
 a trail that leads anyplace important till after the fact. Anyone
 remember when it was requested that encryptions have a back door? I
 think this is partly fall out from then. How many ISPs have people who
 use PGP? As a computer shop I can think of at least a few people who
 are using PGP/OpenPGP and one who uses a 2048bit cypher. What is
 WISPA`s official stance on this subject?



 On 7/25/07, David Hughes [EMAIL PROTECTED] wrote:
 FBI Seeks To Pay Telecoms For Data
 $5 Million a Year Sought for Firms To Keep Databases

 By Ellen Nakashima
 Washington Post Staff Writer
 Wednesday, July 25, 2007; A07

 The FBI wants to pay the major telecommunications companies to retain
 their
 customers' Internet and phone call information for at least two years
 for
 the agency's use in counterterrorism investigations and is asking
 Congress
 for $5 million a year to defray the cost, according to FBI officials and
 budget documents.

 The FBI would not have direct access to the records. It would need to
 present a subpoena or an administrative warrant, known as a national
 security letter, to obtain the information that the companies would
 keep in
 a database, officials said.

 We have never asked for the ability to have direct access to or to
 'data
 mine' telephone company databases, said John Miller, the FBI's
 assistant
 director for public affairs. The budget request simply seeks to
 absorb the
 cost to the service provider of developing an efficient electronic
 system
 for them to retain and deliver the information after it is legally
 requested.

 The proposal has raised concerns by civil libertarians who point to
 telecom
 companies' alleged involvement in the government's domestic surveillance
 program and to a recent Justice Department inspector general's report
 on FBI
 abuse of national security letters. In one case, a senior FBI official
 signed the letters without including the required proof that they were
 linked to FBI counterterrorism or espionage investigations.

 The report also disclosed that the bureau was issuing exigent letters,
 telling telephone companies that the bureau needed information
 immediately
 and would follow up with subpoenas later. In many cases, agents did not
 follow up. Moreover, Inspector General Glenn A. Fine found, there was no
 legal basis to compel the disclosure of information using such letters.

 The proposal is circumventing the law by paying companies to do
 something
 the FBI couldn't do itself legally, said Michael German, American Civil
 Liberties Union policy counsel on national security. Going around the
 Fourth Amendment by paying private companies to hoard our phone
 records is
 outrageous.

 Mark J. Zwillinger, a Washington lawyer who represents Internet service
 providers, said companies have no business reason to keep the data.
 Moreover, he said he did not think telecom companies are in the
 business of
 becoming the investigative arm for the government, keeping data just
 so the
 

Re: [WISPA] FBI Seeks To Pay Telecoms For Data

2007-07-25 Thread Michael Erskine

Jeromie;


I am writing this before reading the rest of the thread.

Please be patient with me.



UHG!!! What a waste of resources. Can anyone point to even ONE
terrorist that has even been sniffed out due to data from an ISP? I
did a few quick Google searches and no case has popped up.



I detest the FBI.  We have a special relationship.  We try to keep it
professional.

That said, can you imagine any situation in which the counter-intelligence
responsible agency in the US government would ever find it desirable
to actually document in public how they got the intelligence that lead to
someone being sniffed out?

Honestly, they are not likely to tell you how the got what they got until
the court case is finished, are they?  Even then there are mechanisms
where information is not allowed to enter the official court record.



IMO
terrorist groups have show that they know how to operate and not leave
a trail that leads anyplace important till after the fact.



Is that your Intelligence Professional opinion?  ;)



Anyone
remember when it was requested that encryptions have a back door? I
think this is partly fall out from then. How many ISPs have people who
use PGP? As a computer shop I can think of at least a few people who
are using PGP/OpenPGP and one who uses a 2048bit cypher. What is
WISPA`s official stance on this subject?





Anyone remember when the Wall Street Journal reported that NSA could
crack PGP?  I do.


All that said, do I think that this is a good idea?  Hell no!  I think 
that the

FBI is like any other gubmit agency.  Eighty percent of their employees
go to work every day at 9 AM and get off at 3 PM.  The rest of them
carry the load.  It is the 80% moron population that proposed this brain
dead idea...

Someone send them a note 'cause they impress me as much today as
they ever have...

One last thing worth remembering about the FBI.  800 background
files buy a LOT of VOTES, especially when about 400 of them are
Congress critters.

That ain't politics.  That is history.

-m-


Would you like to see your advertisement here?  Let the WISPA Board know your 
feelings about allowing advertisements on the free WISPA lists.  The current 
Board is taking this under consideration at this time.  We want to know your 
thoughts.

--
WISPA Wireless List: wireless@wispa.org

Subscribe/Unsubscribe:
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