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ceiling cat is watching you without warrants

$tinkle

Expert on blowing
Feb 12, 2003
14,591
6
House panel approves broadened ISP snooping bill
Internet providers would be forced to keep logs of their customers' activities for one year--in case police want to review them in the future--under legislation that a U.S. House of Representatives committee approved today.

The 19 to 10 vote represents a victory for conservative Republicans, who made data retention their first major technology initiative after last fall's elections, and the Justice Department officials who have quietly lobbied for the sweeping new requirements, a development first reported by CNET.

A last-minute rewrite of the bill expands the information that commercial Internet providers are required to store to include customers' names, addresses, phone numbers, credit card numbers, bank account numbers, and temporarily-assigned IP addresses, some committee members suggested. By a 7-16 vote, the panel rejected an amendment that would have clarified that only IP addresses must be stored.
It represents "a data bank of every digital act by every American" that would "let us find out where every single American visited Web sites," said Rep. Zoe Lofgren of California, who led Democratic opposition to the bill.
Lofgren said the data retention requirements are easily avoided because they only apply to "commercial" providers. Criminals would simply go to libraries or Starbucks coffeehouses and use the Web anonymously, she said, while law-abiding Americans would have their activities recorded.

To make it politically difficult to oppose, proponents of the data retention requirements dubbed the bill the Protecting Children From Internet Pornographers Act of 2011
mah niggas, no less
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
The NSA already does this.

This just gives access to all that data to the Fullerton cops who beat a homeless guy to death. How can that be an issue in anyone's mind? Why do you all hate America?
 

syadasti

i heart mac
Apr 15, 2002
12,690
290
VT
The NSA already does this.

This just gives access to all that data to the Fullerton cops who beat a homeless guy to death. How can that be an issue in anyone's mind? Why do you all hate America?
And anyone else who can buy or hack it from the ISP.

No need for redundancy, I don't want to extra pay to have my rights violated a second time.

Repeal the telco immunity and the government has a new revenue stream - $1000/violation x millions of violations = win.
 

valve bouncer

Master Dildoist
Feb 11, 2002
7,843
114
Japan
Of course this will only be used with appropriate oversight and proper judicial review. Why are you all so cynical?
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,737
1,820
chez moi
The NSA already does this.
Does what? Forces companies to keep logs, or accesses the logs without warrants?

Current case law is pretty much solid on accessing non-content account info without a warrant. But I actually see some potential for that to change. On one hand, it's similar to a phone bill--who you called, when, and for how long, and no one argues that's private, since the whole billing department of the phone company can see it if they want. (thus, the .gov can subpoena the info; no warrant needed. Unlike a wiretap, which enters into the private realm of your protected communications.)

On the other, there's a growing recognition that internet-based communication might need to break from old models due to the amount of data there and some greater expectation of privacy despite the fact you're still going through a third party who is, by the nature of the system, going to know where you are on the Internet at all times.

I heard there's a recent circuit court ruling which makes a case for REP in stored 3d party email communications, even, which makes the case for a warrant even in older-than-180-day-email cases (per federal law, these stored 3d party records of your emails could be accessed via subpoena to the ISP, not via a warrant to enter into your protected privacy).

If it was me arguing in court for greater privacy in my ISP records, I'd argue that for Internet sites (not for email), accessing a particular site is essentially the content of your communication and is therefore protected. Unlike a phone call or email, where the content is separate from the address information. But the fact that the ISP has to keep track of it anyhow argues against it.

Forcing a company to retain info that it normally wouldn't, however, for a government-specified period of time, is thorny for me. It's one thing to subpoena AT&T's billing department for records it makes in the course of its normal business; it's another to essentially make Comcast an agent of the government by forcing them to pre-emptively collect ISP information on all customers in advance of any particular suspicion, just in case the .gov wants to see it.

And if I had to argue that in court, I'd argue that the government's mandate for these records to be kept does make the companies a de facto government agent of sorts, and insist that a warrant be required for the government to access the information the ISPs are retaining.
 

Toshi

butthole powerwashing evangelist
Oct 23, 2001
40,223
9,112
It's an odd day when "conservative Republicans" have become so all-consumed by their desire for a strong police-military-church state that they've forgotten completely that once, a long time ago, conservatism implied respect for civil liberties.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Does what? Forces companies to keep logs, or accesses the logs without warrants?
No, it just puts down a huge vacuum cleaner in telco equipment rooms to hoover every bit of internet traffic.

It's not like we're not already being watched. Anything in the name of national security, after all.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
This should go well with the red-flag/photo recognition software that's coming out... Someone posts kiddie porn on an innocuousness website (like this one), you accidentally view the website before the image is flagged and taken down, the FBI gets a notice that you "downloaded" illegal content and your ISP has to keep all of the relevant information and hand it over to the feds.
 

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,361
19,886
Riding past the morgue.
This should go well with the red-flag/photo recognition software that's coming out... Someone posts kiddie porn on an innocuousness website (like this one), you accidentally view the website before the image is flagged and taken down, the FBI gets a notice that you "downloaded" illegal content and your ISP has to keep all of the relevant information and hand it over to the feds.
You probably got us all tagged just by typing that statement. Thanks a lot jackass.:mad:




























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