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 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.

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Jack Unger ([EMAIL PROTECTED]) - President, Ask-Wi.Com, Inc.
FCC License # PG-12-25133
Serving the Broadband Wireless Industry Since 1993
Author of the WISP Handbook - "Deploying License-Free Wireless WANs"
True Vendor-Neutral Wireless Consulting-Training-Troubleshooting
FCC Part 15 Certification for Manufacturers and Service Providers
Phone (VoIP Over Broadband Wireless) 818-227-4220  www.ask-wi.com




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