Justice Department Wants Internet Companies to Save Personal Web
Surfing Data---
by Elise Ackerman
The U.S. Department of Justice has told Google, Microsoft and other
major Internet companies that it wants them to keep detailed records of
where people go while surfing the Web for up to two years.
The proposal, which would require Congressional approval, could
dramatically change how companies cooperate with law enforcement agencies
investigating everything from terrorist networks to child pornography.
Internet service providers such as Verizon, AT&T and Comcast, could also be
forced to comply.
Brian Roehrkasse, a Justice Department spokesman, said the government
wants companies to keep data related to Web searches and e-mail exchanges --
but not actual content, such as e-mail messages or attachments.
The companies say they want to help law enforcement, but they are also
concerned about providing secure Internet services and protecting the
privacy of their users.
``Child pornography is disgusting and illegal,'' said Steve Langdon, a
spokesman for Google. But he said any proposals related to users' data
``require careful review and must balance the legitimate interests of
individual users, law enforcement agencies and Internet companies.''
Internet companies have a mixed record in protecting the personal
information of their users.
Earlier this year, Google fought a Justice Department demand for data
relating to Web searches. A federal judge ordered Google to hand over part
of what the government originally requested, but not information about
individual searches. Microsoft said it also resisted a similar demand and
likewise won concessions from the Justice Department. But AOL and Yahoo
reportedly complied with the government's request.
Eric Rabe, a spokesman for Verizon, said the telecom giant has a
history of ``tenaciously guarding'' its users data, including fighting a
battle with the music industry all the way to the Supreme Court over the
identity of people who shared music online.
Current regulations require companies to preserve data that is the
subject of specific criminal investigations for up to 180 days while law
enforcement collects evidence that could support a warrant or subpoena.
``This is a radical departure from current practices,'' said Marc
Rotenberg, executive director of the Electronic Privacy Information Center,
who meet with justice department officials Thursday. ``We've opposed it
because we think it creates an unnecessary risk to privacy and security of
Internet users.''
Roehrkasse, the Justice Department spokesman, said the purpose of the
meetings with the Internet companies and others is ``to solicit their input
and seek their assistance in formulating proposals and recommendations on
the issue of data retention.''
Roehrkasse said Gonzales had made clear that government employees
would only have access to the information through ``appropriate legal
processes,'' such as a subpoena. Investigators at the justice department in
Washington or at any of the country's 94 U.S. attorney's offices would also
be able to retrieve the stored information.
Behind the proposal is Gonzales's concern that the Internet is
encouraging the sexual exploitation of children and that the failure of some
Internet providers to save records may have hampered some investigations.
``Before the Internet, these pedophiles were isolated -- unwelcome
even in most adult bookstores,'' Gonzales said during an April 20 speech
before the National Center for Missing and Exploited Children. ``Through the
Internet, they have found a community. Offenders can bond with each other,
and the Internet acts as a tool for legitimizing and validating their
behavior in their minds.''
Under the Patriot Act, which was extended in March over the objections
of civil libertarians and privacy advocates, Internet services providers, or
ISPs, have voluntarily helped the FBI track and arrest terrorists and
criminals in the United States and abroad.
In one case, the FBI arrested an El Paso man who sent an e-mail
threatening to destroy an El Paso mosque. In another, agents identified a
36-year-old Kansas woman who later confessed to murdering a 23-year-old
Missouri woman and cutting out her unborn eight-month-old fetus.
``We are trying to understand what's not working,'' said Mark
Uncapher, senior vice president of the Information Technology Association of
America, whose members include AT&T, Verizon, AOL, Yahoo and Microsoft.
ISPs do not typically keep detailed records of each individual
subscriber's online wanderings. Dave McClure, president of the US Internet
Industry Association, said requiring companies to keep such data could end
up costing billions of dollars.
McClure said the cost would likely be passed on to consumers, who
would also face a greater risk of identity theft because more information
that's not available now would be stored. In addition, the stored data would
be a tempting target for people suing each other over civil matters, he
said.
``The Department of Justice has yet to tell us what they want us to
store,'' McClure said. ``If they decide they want us to store everything,
there isn't a storage facility in the U.S. large enough to store that.''
Copyright © 2006 Knight Ridder
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Hey Bush, read this;
***** YOU!
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