Lawmakers Unveil ISP Data Retention Bill

Typical of many news reports, they are getting it wrong, this ONLY pertains to companies that HOST users, this does not pertain to individual users even if they have a WiFi network.

2-20-2009 National:

House Judiciary Committee ranking member Lamar Smith and Sen. John Cornyn, R-Texas, introduced legislation late last week that directs Internet service providers to retain subscriber information for up to two years. The bill helps law enforcement officials identify users who upload and view explicit child pornography and would impose record-keeping requirements similar to those already in place for telephone companies, Smith said. ISPs routinely work with authorities and the National Center for Missing and Exploited Children on this front and have made strides to bolster industry efforts in recent years.

"Of the nearly 600,000 images of graphic child pornography found online and reported to law enforcement officials, only 2,100 of these children have been identified and rescued," Smith said in a Thursday press release. "Law enforcement officials have reached a digital dead end," he said, noting they need ISPs to help identify users and distributers of illegal content. "While the Internet has generated many positive changes in the way we communicate and do business, its limitless nature offers anonymity that has opened the door to criminals looking to harm innocent children," Cornyn added.

In addition to record retention, the measure also makes it a crime to financially facilitate the sale, distribution and purchase of child pornography. The bill would provide additional funds to the FBI's Innocent Images program, which is the backbone of federal law enforcement's fight to eradicate child porn. Smith and Cornyn made the announcement at a press conference in Austin where they were joined by Texas Attorney General Greg Abbott. "Innovative legislative responses to high tech crimes are vital to the ongoing success of our crackdown on cyber predators," Abbott said. ..News Source.. by Tech Daily Dose

The two bills in question are: HR-1076 and SB-436 One needs to review the definitions sections to see where many are getting it wrong. Some are adding their personal interpretation to the following:

`(b) Definitions- As used in this section--

`(1) the term `Internet content hosting provider' means a service that--

`(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and

`(B) makes such data available via the Internet; and