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Lamar Smith's Other Really Awful Law
Expanding Domestic Surveillance Under Guise of Child Protection
by Karl Bode Wednesday 25-Jan-2012 tags: legal · business · security · legislation · privacy · consumers
Tipped by WHT See Profile
For much of the last decade the U.S. government has been trying to force data retention requirements on ISPs, most frequently under the banner of fighting child pornography. New bills seem to pop up every year or so, though privacy advocates have traditionally beaten such efforts back. Mandatory ISP data retention was something you'll recall was a priority for the Bush/Gonzales Justice Department, and (much like warrantless wiretapping) is now being championed by the Obama Administration Justice Department.

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The latest effort is H.R. 1981: Protecting Children From Internet Pornographers Act (pdf), a bill that would require ISPs retain user data for 18 months. Its primary champion is SOPA sponsor Lamar Smith, so SOPA's defeat is drawing renewed attention to the bill. While Smith pushed SOPA (an Internet filtering effort) as a jobs creator, he's pushing HR 1981 (an expansion of domestic surveillance authority) as an effort to stop child porn.

Civil rights groups charge the law isn't needed because existing laws are more than suitable to target and stop child pornographers. Law enforcement and intelligence supports the law because they claim they lack the adequate tools to monitor suspects, despite a decade of unprecedented new intelligence law (read: Patriot Act). As Sonic CEO Dane Jasper recently explained, the biggest problem may be that storing all of that data makes a delicious hacking target:

Do the wheels of justice – or investigation – move too slowly, and should data be retained for a long time to allow for legitimate investigation? No, there are already tools in place that law enforcement can easily use to ask ISPs to preserve log information of real online criminals. The 1996 Electronic Communication Transactional Records Act allows law enforcement to require an ISP to keep data for 90 days upon law enforcement request, giving time for a legitimate search warrant to be reviewed by a judge and issued. But, keeping data on every online user for a full year presents far too much potential for abuse.

It has been interesting to watch folks jostled awake by SOPA suddenly noticing all of the bad laws and trade agreements currently in play. Of course if they had been paying attention all along, laws and trade agreements like these wouldn't get so easily shoveled through the legislative process.

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BF69
Premium
join:2004-07-28
Camden, TN

Any law with the word CHILD/CHILDREN

is most likely bad. I find it sickening that these lawmakers use children to pass these laws.

jseymour

join:2009-12-11
Waterford, MI

Needs To Be Kicked To The Curb

One can only hope the good people of Texas will have enough sense to show this guy the door, next time he's up for reelection.

NO to ESPN

@sbcglobal.net

Re: Needs To Be Kicked To The Curb

I doubt it, we have some of the best politicians that money can buy.

OneEye

join:2006-04-15
Peachtree City, GA

Re: Needs To Be Kicked To The Curb

I believe the same could be said for State of Georgia's political bandits.

n2jtx

join:2001-01-13
Glen Head, NY
Reviews:
·Optimum Online
said by jseymour:

One can only hope the good people of Texas will have enough sense to show this guy the door, next time he's up for reelection.

I doubt it. I think this guy is a lifer. It is a shame that individual congressmen can cause such havoc and only be accountable to their district.
--
I support the right to keep and arm bears.
nutcr0cker

join:2003-04-02
Chandler, AZ
kudos:2
Texas is one state that can give Arizona a tough competition to be first from the bottom of IQ list. Never send a Texan to do a man's job

PapaMidnight

join:2009-01-13
Baltimore, MD

Why this will likely pass

Any one who comes out and voices concerns about this bill will be seen by many of the average population of America who are not necessarily technically inclined as coming out as being against the safety and well being of children. Happens every single time.

Login Failed

@comcast.net

Re: Why this will likely pass

Yes, but when you tell people that passing this bill means the government gets your credit card numbers they'll change their tune.
Rekrul

join:2007-04-21
Milford, CT

Alfred E. Newman

Is it just me, or does this clown remind anyone else of an older Alfred E. Newman? Maybe he should adopt "What, me worry?" as his slogan.
krazyfiend

join:2011-02-15

Re: Alfred E. Newman

Bit harsh comparing Mr. Newman to a Republican.

I do see a resemblance to someone else though...


WHT

join:2010-03-26
kudos:3

Does Not Apply To Wireless

Interestingly it does not apply to a wireless transmission.
said by Lamar Smith :
6 ‘‘(h) RETENTION OF CERTAIN RECORDS.—A pro-
7 vider of an electronic communication service or remote
8 computing service shall retain for a period of at least 18
9 months the temporarily assigned network addresses the
10 service assigns to each account, unless that address is
11 transmitted by radio communication (as defined in section
12 3 of the Communications Act of 1934).’’.

said by Communications Act - Sec. 3 :
(33) RADIO COMMUNICATION.--The term ''radio communication'' or ''communication by radio''
means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds,
including all instrumentalities, facilities, apparatus, and services (among other things, the receipt,
forwarding, and delivery of communications) incidental to such transmission.

Crookshanks

join:2008-02-04
Endicott, NY
Reviews:
·Frontier Communi..
·Verizon Online DSL

Re: Does Not Apply To Wireless

I don't know about other wireless providers but Verizon Wireless puts most (all?) of their data customers behind NAT. The only way they could track them would be to record every single TCP connection and UDP packet, otherwise there's no way to associate the globally valid IP address with an actual user.

There's no technical reason why they COULDN'T do this but it would require quite the database; certainly a lot more data than just tracking globally valid IP assignments.

Kilroy
Premium,MVM
join:2002-11-21
Ann Arbor, MI

If this passes bandwidth caps will follow closely behind

ISPs won't have any choice and we won't be able to reasonably complain. As an ISP you would have to be able to guarantee that you have sufficient storage to maintain 18 months of Internet usage for every single person on your network and those that you will sign up. I haven't read it closely enough to see if that data must also be backed up, add more expense (see rate hikes). If it isn't backed up then what happens to an ISP when data is required from failed equipment? It isn't a question of if a hard drive is going to fail, only when it is going to fail.

For example Comcast currently has a 250GB cap. Over the course of 18 months that could be 4.5TB worth of data, times the number of users on their network. You can see that this is not feasable for an ISP. No matter how you store it, disk, tape, paper, this is just a nightmare.

It is what we get when people who don't have a clue try and regulate something. Never mind bringing up encryption as a solution to make the data itself worthless.
--
When will the people realize that with DRM they aren't purchasing anything?
WHT

join:2010-03-26
kudos:3

Re: If this passes bandwidth caps will follow closely behind

said by Kilroy:

For example Comcast currently has a 250GB cap. Over the course of 18 months that could be 4.5TB worth of data ... No matter how you store it, disk, tape, paper, this is just a nightmare.

That could easily cost $4M to build quite literally a small server farm for that storage.

That's going to run a lot of regional ISP out of business and hundreds of jobs will be lost. Large sections of states would loose internet access.

Where to go Lamar...thanks for killing off the Internet.
Crookshanks

join:2008-02-04
Endicott, NY
Reviews:
·Frontier Communi..
·Verizon Online DSL
The aren't going to be required to log your PACKETS, they are going to be required to save logs of your IP ADDRESS ASSIGNMENTS. That's a much different animal and most ISPs already do this; they just don't retain the data as long as the authorities would like.

Noah Vail
Son made my Avatar
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join:2004-12-10
Lorton, VA
kudos:1
Reviews:
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·Sprint Mobile Br..

This Bill Applies to Households too

said by Crookshanks:

The aren't going to be required to log your PACKETS, they are going to be required to save logs of your IP ADDRESS ASSIGNMENTS.

Technically, network address assignments and it's not just limited to ISPs.
said by Sec 4 of the Bill :

RETENTION OF CERTAIN RECORDS.
A provider of an electronic communication service or remote computing service shall retain for a period of at least 18 months the temporarily assigned network addresses the service assigns to each account

This doesn't limit the provision to ISPs. Anyone who provides an electronic communications service and fails to keep 18 months of records can be prosecuted under this bill.

If you have own a NAT router, you are providing electronic communications services to the other PCs/devices in your home.

: : : : :

There's the intent of a law and then there's ability to be prosecuted under that law.
They're rarely in harmony.
--
Adopting other people's animosity is The New Stupid.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Reviews:
·AT&T DSL Service

Re: This Bill Applies to Households too

Valid point, you run a WiFi router and allow your friends/visitors to connect to your WiFi with their phones and iPads when visiting. Guess what.... I'm betting they could nail you to the wall.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ

semantics

said by Noah Vail:

If you have own a NAT router, you are providing electronic communications services to the other PCs/devices in your home.

correct, but that doesn't make you a "provider"
--
--Standard disclaimers apply.--
google this "(sqrt(cos(x))*cos(200*x)+sqrt(abs(x))-0.7)*(4-x*x)^0.01, sqrt(9-x^2), -sqrt(9-x^2)"

Noah Vail
Son made my Avatar
Premium
join:2004-12-10
Lorton, VA
kudos:1
Reviews:
·Bright House
·Sprint Mobile Br..

Re: semantics

said by AVD:

correct, but that doesn't make you a "provider"

Hmmm. You may be right. The DMCA defines Service Provider as:
quote:
(A) As used in subsection (a), the term "service provider" means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.
I'd imagine an entity is defined somewhere as a legally recognized group.
--
Adopting other people's animosity is The New Stupid.
CXM_Splicer

join:2011-08-11
kudos:1
Reviews:
·Verizon FiOS

Re: semantics

Entity is a pretty generic term that wouldn't have to be legally defined. Any person/company/organization/etc. would be considered an entity. A person offering their friends free WiFi *could* be considered a provider BUT there are other requirements that must be followed to make it valid. On of which is to have them accept a Terms of Service agreement where they agree not to break the law with your connection. That is why you always get routed through a captive portal first with a free WiFi connection. Other requirements involve record keeping.

AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ

Re: semantics

depends how it is defined in the bill in question, you can't mix and match definitions from different laws unless the definition is missing in the first place.
--
--Standard disclaimers apply.--
google this "(sqrt(cos(x))*cos(200*x)+sqrt(abs(x))-0.7)*(4-x*x)^0.01, sqrt(9-x^2), -sqrt(9-x^2)"

Kilroy
Premium,MVM
join:2002-11-21
Ann Arbor, MI

Re: If this passes bandwidth caps will follow closely behind

Okay, just as worthless, as even the RIAA argued that IP addresses don't equal a person, at least then it is their IP address that is at fault.

I guess the solution is go to IPv6 and just assign everyone a set of IP addresses at birth.
--
When will the people realize that with DRM they aren't purchasing anything?

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Everything is Bigger in Texas

... and that includes idiot politicians.

Vote this clown OUT.

DrStrange
Technically feasible
Premium
join:2001-07-23
West Hartford, CT
kudos:1

Time for him to go

Undermine his power base:

Find out where the money comes from, and where it goes.

Report evidence of criminal activity to the proper authorities and the media at the same time.

Find a libertarian in his district willing to take him on.

Complain to the Tea Party base that Smith supports corporate socialism.
cornelius785

join:2006-10-26
Worcester, MA

Wait a second....

Let's suppose SOPA, or this "Protecting Children From Internet Pornographers Act", or even both pass, wouldn't they both be EXPANDING the power/influence/role/etc. of the government?

Now it's also been said that republicans are for SMALLER government, among other things.

The words hypocrite, liar, "do as i say, not as i do",and oxymoron come to mind... but hey, that's just me. I suppose this is behaviour is about 'par for the course' when it come to politicians above on the state level or federal level.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

How do they know what people do?

well for example the mentioning in another article of using a credit card. since that is an SSL transaction how do they know a credit card number was sent during that session verses it just being a secure website?
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