Last week, Attorney General Alberto Gonzales, a Republican, gave a speech saying that data retention by Internet service providers is an "issue that must be addressed." Child pornography investigations have been "hampered" because data may be routinely deleted, Gonzales warned.
It's not clear whether that requirement would be limited only to e-mail providers and Internet providers such as DSL (digital subscriber line) or cable modem services. An expansive reading of DeGette's measure would require every Web site to retain those records. (Details would be left to the Federal Communications Commission.)
The Bush administration's current position is an abrupt reversal of its previous long-held belief that data retention is unnecessary and imposes an unacceptable burden on Internet providers. In 2001, the Bush administration expressed "serious reservations about broad mandatory data retention regimes."
DeGette said in a statement that her amendment was necessary because: "America is the No. 1 global consumer of child pornography, the No. 2 producer. This is a plague we had nearly wiped out in the seventies, and sadly the Internet, an entity that we practically worship for all the great things it has brought to us, is being used to commit a crime against humanity."
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.
Is there actually a problem with ISPs not cooperating with child porn investigations? Or is this just being used as a excuse to make ISPs preserve more information that is subject to NSLs and other types of monitoring? I think the latter.
