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Bill proposes ISPs, Wi-Fi keep logs for police

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Declan McCullagh
C Net News
Friday, February 20, 2009

Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations.

The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates.

“While the Internet has generated many positive changes in the way we communicate and do business, its limitless nature offers anonymity that has opened the door to criminals looking to harm innocent children,” U.S. Sen. John Cornyn, a Texas Republican, said at a press conference on Thursday. “Keeping our children safe requires cooperation on the local, state, federal, and family level.”

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Joining Cornyn was Texas Rep. Lamar Smith, the senior Republican on the House Judiciary Committee, and Texas Attorney General Greg Abbott, who said such a measure would let “law enforcement stay ahead of the criminals.”

Two bills have been introduced so far–S.436 in the Senate and H.R.1076 in the House. Each of the companion bills is titled “Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act,” or Internet Safety Act.

  • A d v e r t i s e m e n t

Each contains the same language: “A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user.”

Translated, the Internet Safety Act applies not just to AT&T, Comcast, Verizon, and so on–but also to the tens of millions of homes with Wi-Fi access points or wired routers that use the standard method of dynamically assigning temporary addresses. (That method is called Dynamic Host Configuration Protocol, or DHCP.)

“Everyone has to keep such information,” says Albert Gidari, a partner at the Perkins Coie law firm in Seattle who specializes in this area of electronic privacy law.

The legal definition of electronic communication service is “any service which provides to users thereof the ability to send or receive wire or electronic communications.” The U.S. Justice Department’s position is that any service “that provides others with means of communicating electronically” qualifies.

That sweeps in not just public Wi-Fi access points, but password-protected ones too, and applies to individuals, small businesses, large corporations, libraries, schools, universities, and even government agencies. Voice over IP services may be covered too.

Full story here.

This article was posted: Friday, February 20, 2009 at 10:36 am





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