
The Net at Risk and FBI DirectorWants ISPs to Track Users
Bill Moyers / Declan McCullagh
The future of the Internet is up for grabs. Last year, the Federal Communications Commission (FCC) effectively eliminated net neutrality rules, which ensured that every content creator on the Internet-from big-time media concerns to backroom bloggers-had equal opportunity to make their voice heard. Now, large and powerful corporations are lobbying Washington to turn the World Wide Web into what critics call a "toll road," threatening the equitability that has come to define global democracy's newest forum. Yet the public knows little about what's happening behind closed doors on Capitol Hill.
Some activists describe the ongoing debate this way: A small number of mega-media giants owns much of the content and controls the delivery of content on radio and television and in the press; if we let them take control of the Internet as well, immune from government regulation, who will pay the price? Their opponents say that the best way to encourage Internet innovation and technological advances is to let the market-not the federal government-determine the shape of the system.
"The genius of the Internet was that it made the First Amendment a living document again for millions of Americans," says Robert McChesney, a media scholar and activist and co-author of OUR MEDIA, NOT THEIRS. "The decisions that we're going be making ... are probably going to set our entire communication system, and, really, our entire society, on a course that it won't be able to change for generations."
With the MOYERS ON AMERICA series, we inaugurate Citizens Class, an extensive, interactive curriculum designed to encourage and facilitate public discourse on the issues raised in the series. The workshop features multimedia discussions, reference materials on the key perspectives presented in the program, and questions for further reflection-all designed to stimulate deep and thoughtful community dialogue. Interested? Check it out. In search of specific information? Just browsing? Select topics below to explore a range of issues, from the new digital divide, voices from the debate over net neutrality, to ways to find out who owns your local media.
The New Digital Divide
Net Neutrality
Community Connections
Big, Bigger, Biggest Media
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FBI Director Wants IJSPs To Track Users
From: http://news.com.com/FBI+director+wants+ISPs+toO+Otrack+users/2100-7348_3-6126877.html
By Declan McCullagh
FBI Director Robert Mueller on Tuesday called on Internet service providers to record their customers' online activities, a move that anticipates a fierce debate over privacy and law enforcement in Washington next year.
"Terrorists coordinate their plans cloaked in the anonymity of the Internet, as do violent sexual predators prowling chat rooms," Mueller said in a speech at the International Association of Chiefs of Police conference in Boston.
"All too often, we find that 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," Mueller said. "We must find a balance between the legitimate need for privacy and law enforcement's clear need for access."
The speech to the law enforcement group, which approved a resolution on the topic earlier in the day, echoes other calls from Bush administration officials to force private firms to record information about customers. Attorney General Alberto Gonzales, for instance, told Congress last month that "this is a national problem that requires federal legislation."
Justice Department officials admit privately that data retention legislation is controversial enough that there wasn't time to ease it through the U.S. Congress before politicians left to campaign for re-election. Instead, the idea is expected to surface in early 2007, and one Democratic politician has already promised legislation.
Law enforcement groups claim that by the time they contact Internet service providers, customers' records may have been deleted in the routine course of business. Industry representatives, however, say that if police respond to tips promptly instead of dawdling, it would be difficult to imagine any investigation that would be imperiled.
It's not clear exactly what a data retention law would require. One proposal would go beyond Internet providers and require registrars, the companies that sell domain names, to maintain records too. And during private meetings with industry officials, FBI and Justice Department representatives have cited the desirability of also forcing search engines to keep logs--a proposal that could gain additional law enforcement support after AOL showed how useful such records could be in investigations.
A representative of the International Association of Chiefs of Police said he was not able to provide a copy of the resolution.
Preservation vs. retention
At the moment, Internet service providers typically discard any log file that's no longer required for business reasons such as network monitoring, fraud prevention or billing disputes. Companies do, however, alter that general rule when contacted by police performing an investigation--a practice called data preservation.
A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."
Because Internet addresses remain a relatively scarce commodity, ISPs tend to allocate them to customers from a pool based on whether a computer is in use at the time. (Two standard techniques used are the Dynamic Host Configuration Protocol and Point-to-Point Protocol over Ethernet.)
In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.
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When adopting its data retention rules, the European Parliament approved U.K.-backed requirements saying that communications providers in its 25 member countries--several of which had enacted their own data retention laws already--must retain customer data for a minimum of six months and a maximum of two years.
The Europe-wide requirement applies to a wide variety of "traffic" and "location" data, including: the identities of the customers' correspondents; the date, time and duration of phone calls, VoIP (voice over Internet Protocol) calls or e-mail messages; and the location of the device used for the communications. But the "content" of the communications is not supposed to be retained. The rules are expected to take effect in 2008.
CNET News.com's Anne Broache contributed to this report.
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ISP snooping time line
In events that were first reported by CNET News.com, Bush administration officials have said Internet providers must keep track of what Americans are doing online.
June 2005: Justice Department officials quietly propose data retention rules.
December 2005: European Parliament votes for data retention of up to two years.
April 14, 2006: Data retention proposals surface in Colorado and the U.S. Congress.
April 20, 2006: Attorney General Alberto Gonzales says data retention "must be addressed."
April 28, 2006: Rep. Diana DeGette proposes data retention amendment.
May 16, 2006: Rep. James Sensenbrenner drafts data retention legislation--but backs away from it two days later.
May 26, 2006: Gonzales and FBI Director Robert Mueller meet with Internet and telecommunications companies.
June 27, 2006: Rep. Joe Barton, chair of a House committee, calls new child protection legislation "highest priority."