[ga] Re: [Politech] Data retention endorsed by International Association of Chiefs of Police [priv]

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Declan and all,

  I am glad to see that at least registries and registrars are included
in such considered legislation.  I and I am sure many users as well
as ISP's will be opposed to any extension of retention of data past
the 6 month minimum in place now.


Declan McCullagh wrote:

> The idea of data retention -- forcing Internet companies to keep track
> of what their customers are doing -- will probably be one of the biggest
> Politech topics of 2007. That's when the new Congress will convene and
> the FBI will resume its push for federal legislation.
>
> The groundwork is being laid right now. The International Association of
> Chiefs of Police endorsed the concept in a resolution, and FBI director
> Robert Mueller applauded them a few hours later:
>
> http://www.fbi.gov/pressrel/speeches/mueller101706.htm
> "Today, terrorists coordinate their plans cloaked in the anonymity of
> the Internet, as do violent sexual predators prowling chat rooms...
> Before we can catch these offenders, Internet service providers have
> unwittingly deleted the very records that would help us identify these
> offenders and protect future victims. We must find a balance between the
> legitimate need for privacy and law enforcementâ??s clear need for access.
> Your resolution on records retention passed this morning will help put
> us on the right path."
>
> Here's a timeline so far:
> http://news.com.com/2100-7348_3-6126877.html
>
> The IACP resolution follows (I converted it from a Word document, so the
> formatting isn't quite perfect). Note that data retention is being
> extended from ISPs to registrars and registries. Search engines have
> also been talked about as potential targets.
>
> -Declan
>
> ---------------------
>
> The International Association of Chiefs of Police
>
> Adopted at the 113th Annual Conference
> Boston, Massachusetts
> October 17, 2006
>
> Support For Data Retention In Aid Of The Investigation Of Crimes
> Facilitated Or Committed
> Through The Use Of The Internet And Telephony-Based Communications Services
> Submitted by the Communications & Technology Committee
>
> WHEREAS, the lawful investigation of Internet data and telephonic
> communications has historically proven to be one of the most valuable
> tools available to law enforcement in identifying both the perpetrators
> and victims of crimes;
> WHEREAS, the Internet is global in nature, and as such, poses challenges
> when conducting multi-agency international investigations, including
> delays imposed when obtaining local and international legal process;
> WHEREAS, the IACP has previously noted in its Resolution of September
> 27, 2005 entitled â??Support for Preservation of Access to Publicly
> Available Resources in Cyber Investigations, â?? CT23.a05, that electronic
> forensic evidence is fleeting in nature, and law enforcement officials
> must obtain timely access to this information to fulfill law enforcement
> duties before the information is destroyed or otherwise becomes unavailable;
> WHEREAS, criminals use the anonymity and international nature of the
> Internet, and the fleeting nature of electronic evidence, to enhance
> their ability to victimize citizens and thwart law enforcement
> investigations;
> WHEREAS, publicly available â??whoisâ?? databases containing information
> involving the allocation of Internet resources, such as Internet
> Protocol address space and domain names, are a critical tool used by law
> enforcement, but may not remain publicly available, which would severely
> hamper or eliminate the ability for law enforcement agencies to conduct
> investigations in a timely manner;
> WHEREAS, the failure of Internet access provider industry to retain
> subscriber information, and source or destination information for any
> uniform, predictable reasonable period, has resulted in the absence of
> data, which has become a significant hindrance and even an obstacle in
> certain investigations such as computer intrusion investigations and
> child obscenity and exploitation investigations, although law
> enforcement has generally acted expeditiously in processing lawful
> requests to Internet providers;
> WHEREAS, the migration in telephony from "toll service" to a nationwide
> or continental flat rate billing system has substantially eroded law
> enforcementâ??s ability to utilize lawful process to obtain telephone toll
> records historically critical to the identification, detection and
> prevention terrorist threat and the investigation of serious criminal
> conspiracies;
> WHEREAS, the effect of the lack of uniform retention periods of
> customer/subscriber records, and communication source and destination
> data in various industries and amongst various providers in the same
> industry has been to undermine law enforcementâ??s ability to predictably
> prioritize investigations or strategically assign resources to those
> investigations which are largely dependant upon the existence of such
> data, and;
> WHEREAS, the European Union addressed this problem in March 2006 by
> passing a Directive on Data Retention, Directive 2006/24/EC, requiring
> Member States to adopt laws to combat serious crime and terrorism by
> requiring the retention of customer information and communication source
> and destination information for a uniform minimum period, now,
> therefore, be it -â??
> RESOLVED, that the IACP strongly urges national legislatures, the
> Internet administration and telephony communities, including regional
> Internet registries, the Internet Corporation for Assigned Names and
> Numbers, domain-name registries, domain-name registrars, Internet access
> and service providers and telecommunication providers to develop an
> appropriate but uniform data retention mandate for both the
> aforementioned Internet administration community and telephony service
> providers requiring the retention of customer subscriber information,
> and source and destination information for a minimum specified
> reasonable period of time so that it will be available to the law
> enforcement community, upon applicable legal process, to enhance public
> safety and prevent, deter or detect terrorists and criminals through the
> ability to investigate offenses facilitate by use of the Internet and
> telephony.
> FURTHER RESOLVED, that the IACP membership actively engage their
> respective governmental executive and legislative components, Internet
> administration, and telephony industry communities and coordinate their
> efforts to achieve the goal of providing consistent, equal, and uniform
> lawful access to the above-referenced resources for all of the law
> enforcement community.
>
> _______________________________________________
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> Moderated by Declan McCullagh (http://www.mccullagh.org/)

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
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very often the accident of glory" - Theodore Roosevelt

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