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Many of you seem to be of the belief that the
proposed bill requires you to keep records of the content of subscribers.
Simply put, that is NOT THE CASE. While I do not know the specific
details of the various proposals, I do know that none of them are expecting ISPs
to keep copies of content accessed.
The proposed bills are requiring that ISPs
keep track of what subscriber used what IP address(es). One version of the
bill wants this data retained for one year; another version for two years.
For ISPs using RADIUS for accounting or making static IP assignments, this is
pretty easy to do. I don't know what
requirements, if any, are being proposed for subscribers placed behind a NAT
firewall shared by many subscribers.
I understand that WISPA is an organization still in
its infancy, and they don't currently have the resources to "lobby"
congress. But there IS an organization speaking to congress on your bahalf
on this issue: The United States Internet Industry Association.
As a former member of the board of directors, I can
assure you that this is a small, but vocal organization, and they are
representing YOUR interests. Data retention requirements have been on
USIIA's radar for quite some time. On Feburary 17, 2005 (last year) the
board of directors adopted this policy as USIIA's official position on data
retention: http://www.usiia.org/legis/dataret.html
If you'd like to support an organization that
does speak to congress and is representing your interests, you might consider
giving USIIA your financial. For the record, their board receives no
compensation. The only paid employee is David McClure, their full-time
President and CEO (and "lobbyist", but he doesn't go by that
title).
Dave
----- Original Message -----
Sent: Sunday, June 04, 2006 2:34 PM
Subject: Re: [WISPA] Why's WISPA silent
about this?
If/when the feds require it, I guess the way to do it would be
to run Ethereal in fully promiscuous mode on a mirrored port on a switch and
streaming it to server over the FBI's T1 to their server. When the Federal
government installs their T1 to my NOC, I would be willing to upload it to
them over their network resources to their server for them to to keep on file
for 2 years to never look at, otherwise, I don't have any way to insure that
the data hasn't been tampered with if it stays in my file room. The government
requiring me to keep two years records of all network traffic seems
unreasonable. If I were a defense attorney defending a client whose evidence
against him was stored by some local ISP dinks on their servers for 24 months,
I would certainly question the chain of the evidence, and likely get it thrown
out.
Here is an example of how this could go wrong: If I am an ISP
operator (I am actually) and I have a vendetta against a client (I don't, or
at least not one I want to discuss here) and I am in charge of keeping network
logs of all of that client's traffic, I could easily forge the records to make
it look like he had committed a horrific crime, like reproducing the
transcript of the commentary of a game without the express written consent of
Major League Baseball, and make it look like it came from his IP address. I
don't know how that record, 24 months old, and sitting in my tape locker could
ever be held as compelling evidence against him, unless there was already an
investigation, where these records still probably couldn't make or break a
case.
I suppose that the thinking is, that if the subscriber is guilty
of child porn, and they can prove what site he downloaded from and sent it to,
they could go after that web host for hosting the smut. Either way, putting it
off to the local ISP to keep records seems far fetched.
Pete
Davis NoDial.net
Mac Dearman wrote:
You have enough clients that it would bankrupt you to build a server to log
your HTTP & SMTP traffic? I don't think it would be that difficult or
expensive, but agree that it would be a major PITA! I am pretty sure we will
never be faced with this as the majority of us aren't reliable enough to
even set this up nor responsible enough to keep up with it reliably for two
years.
Mac Dearman
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On
Behalf Of Mark Koskenmaki
Sent: Sunday, June 04, 2006 12:34 PM
To: WISPA General List
Subject: Re: [WISPA] Why's WISPA silent about this?
Common sense tells you that the big boys will lobby to force the last mile
provider to log it all, so as to bankrupt the competition.
North East Oregon Fastnet, LLC 509-593-4061
personal correspondence to: mark at neofast dot net
sales inquiries to: purchasing at neofast dot net
Fast Internet, NO WIRES!
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----- Original Message -----
From: "Mac Dearman" <[EMAIL PROTECTED]>
To: "'WISPA General List'" <[email protected]>
Sent: Sunday, June 04, 2006 10:21 AM
Subject: RE: [WISPA] Why's WISPA silent about this?
I wouldn't imagine that this responsibility would fall on us WISPs, but to
our upstream providers like BellSouth...etc. Why would they want to deal
with the 20,000 piss ants of the world when all they have to do is back up
stream two hops and catch all the traffic? Common sense tells me this will
not fall on us!
Mac
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On
Behalf Of Mark Koskenmaki
Sent: Sunday, June 04, 2006 1:19 AM
To: WISPA General List
Subject: [WISPA] Why's WISPA silent about this?
http://news.yahoo.com/s/nm/20060601/ts_nm/security_internet_usa_dc
Why aren't we fighting tooth and nail to stop this kinda stuff?
Or, is this issue like certain others, where WISPA founders take contrary
positions to the rest of the members and side with big brother and
encourage
the feds to dig into and regulate our business, in some apparent hope of
ingratiating themselves with the regulators?
AT LEAST could we have the leadership tell us what THEY think of this?
North East Oregon Fastnet, LLC 509-593-4061
personal correspondence to: mark at neofast dot net
sales inquiries to: purchasing at neofast dot net
Fast Internet, NO WIRES!
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