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Gonzales Calls for Law Demanding Preservation


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#1 spy1

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Posted 19 September 2006 - 11:23 PM

http://www.foxnews.c...,214568,00.html

"Tuesday , September 19, 2006

WASHINGTON Attorney General Alberto Gonzales said Tuesday that Congress should require Internet providers to preserve customer records, asserting that prosecutors need them to fight child pornography.

Gonzales and FBI Director Robert Mueller have met with several Internet providers, including Time Warner Inc.'s AOL, Comcast Corp., Google Inc., Microsoft Corp. and Verizon Communications Inc.

The law enforcement officials have indicated to the companies they must retain customer records, possibly for two years. The companies have discussed strengthening their retention periods which currently run the gamut from a few days to about a year to help avoid legislation.

During those meetings, which took place earlier this summer, Justice Department officials asserted that customer records would help them investigate child pornography cases. But the FBI also said during the meetings that such records would help their terrorism investigations, said one person who attended the meetings but spoke on condition of anonymity because the meetings were intended to be private.

Testifying to a Senate panel, Gonzales acknowledged the concerns of some company executives who say legislation might be overly intrusive and encroach on customers' privacy rights. But he said the growing threat of child pornography over the Internet was too great.

"This is a problem that requires federal legislation," Gonzales told the Senate Banking Committee. "We need information. Information helps us makes cases."

He called the government's lack of access to customer data the biggest obstacle to deterring child porn.

"We have to find a way for Internet service providers to retain information for a period of time so we can go back with a legal process to get them," he said.

At Tuesday's hearing, Gonzales said he agreed with the sentiment of 49 state attorneys general who in a June letter to Congress expressed support for a federal law that would require longer retention of customer records.

"We respect civil liberties, but we have to harmonize this so we can get more information," he said.

The subject has prompted some alarm among Internet service provider executives and civil liberties groups after the Justice Department took Google to court earlier this year to force it to turn over information on customer searches. Civil liberties groups also have sued Verizon and other telephone companies, alleging that they are working with the government to provide information without search warrants on subscriber calling records.

Justice Department officials have said that any proposal would not call for the content of communications to be preserved and would keep the information in the companies' hands. The data could be obtained by the government through a subpoena or other lawful process."

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I believe we've seen quite enough of what this Administration considers "lawful process" (no subpoena, no court order, no oversight, no accountability, no appeal, notification or correction allowed).


Just as the 'war on terrorism" is being used as the blanket excuse for illegally wiretapping and data-mining innocent, legitmate American citizens, so to is the "battle against child pornography" excuse being used to hammer ISP's into line for even greater data-retention and profiling of the average citizen, and the further erosion of our Constitution, Bill of Rights and the complete destruction of the "Privacy Act".

Keep falling for this stuff, people - your children and grand-children will grow up in a country totally un-recognizable as "America". Pete
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
--George Washington

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#2 AplusWebMaster

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Posted 21 September 2006 - 03:58 PM

FYI...

- http://www.securityfocus.com/brief/309
2006-09-20
"...It has been shown time and again that forcing organizations to retain access logs can result in major abuses of privacy. The information is available by subpoena for many purposes beyond what the government's legislation originally intended. In June 2006, renowned legal expert Mark Rasch analyzed the proposal* and suggested that it represents a dangerous trend of turning private companies into proxies for law enforcement or intelligence agencies against the interests of their clients or customers.
Child pornography is a real threat on the Internet that jeopardizes the safety of helpless children. But privacy concerns about the U.S. government and law enforcement watching innocent Americans, along with an erosion of civil liberties since September 11, 2001, continues to be a major issue in the United States."
* http://www.securityf.../columnists/406

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#3 spy1

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Posted 08 February 2007 - 09:11 AM

http://news.com.com/..._3-6156948.html

"GOP revives ISP-tracking legislation

All Internet service providers would need to track their customers' online activities to aid police in future investigations under legislation introduced Tuesday as part of a Republican "law and order agenda."

Employees of any Internet provider who fail to store that information face fines and prison terms of up to one year, the bill says. The U.S. Justice Department could order the companies to store those records forever."

....

"A second requirement, also embedded in Smith's so-dubbed Safety Act ( http://www.politechb...raft.020607.pdf ), requires owners of sexually explicit Web sites to post warning labels on their pages or face imprisonment. This echoes, nearly word for word, a proposal from last year that was approved by a Senate committee but never made it to a floor vote."

(You really need to read through that thing - Pete)

....

"Details about data retention requirements would be left to Gonzales. At a minimum, the bill says, the regulations must require storing records "such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders."

Because there is no limit on how broad the rules can be, Gonzales would be permitted to force Internet providers to keep logs of Web browsing, instant message exchanges, or e-mail conversations indefinitely.

That broad wording also would permit the records to be obtained by private litigants in noncriminal cases, such as divorces and employment disputes.

(Not to mention the R.I.A.A and the M.P.A.A loving this - Pete ).

===============================================

If this "legislation" hits the floor with a number that will allow you to specifically identify it, I'll post back - because you'll definitely need to contact your legislator's to get them to oppose it. Pete
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
--George Washington

#4 spy1

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Posted 15 February 2007 - 09:47 PM

(From this page: http://cdt.org/

Child Protection Bills Introduced in Congress Raise Legal and Policy Concerns.

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I urge you to read the entire C.D.T "Summary" pdf ( http://www.cdt.org/s...hincongress.pdf ), particularly pages 7, 8 & 9.

The quoted section below can be found at Thomas by typing in and using the "Bill #" Search for H.R. 837 :

"SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.

(a) Regulations- Not later than 90 days after the date of the enactment of this section, the Attorney General shall issue regulations governing the retention of records by Internet Service Providers. Such regulations shall, at a minimum, require retention of records, such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders that may require production of such information."

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So there it is again - Gonzales (representing the current Administration's wishes) going for the "gold" of getting everyone's information held - whatever information he wishes them to hold, for however long.

If, after reading through the .pdf and thinking about it for about five seconds, you do not see the inherent danger to liberty and freedom in it (especially the "chilling effect" on freedom of speech and expression),

or are not totally digusted by the absolutely voyeuristic aspect of it

or indeed are not frightened by the realization that every word - written or spoken - that you ever make from now on will be engraved in a government "file" on you somewhere to be used and kept indefinitely (or stolen and abused by others due to government sloppiness, of which we've had ample example) - then

God bless you, folks, because there's absolutely no hope for you, your children or your grandchildren.

None of those three proposed bills are worth a dayam. Pete
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
--George Washington

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