Saturday, February 06, 2010

FBI Wants ISPs to Spy on You

Fourth Amendment Goes the Way of Habeas Corpus

From Cnet News:

WASHINGTON--The FBI is pressing Internet service providers to record which Web sites customers visit and retain those logs for two years, a requirement that law enforcement believes could help it in investigations of child pornography and other serious crimes.

FBI Director Robert Mueller supports storing Internet users' "origin and destination information," a bureau attorney said at a federal task force meeting on Thursday.

As far back as a 2006 speech, Mueller had called for data retention on the part of Internet providers, and emphasized the point two years later when explicitly asking Congress to enact a law making it mandatory. But it had not been clear before that the FBI was asking companies to begin to keep logs of what Web sites are visited, which few if any currently do.

The FBI is not alone in renewing its push for data retention. As CNET reported earlier this week, a survey of state computer crime investigators found them to be nearly unanimous in supporting the idea. Matt Dunn, an Immigration and Customs Enforcement agent in the Department of Homeland Security, also expressed support for the idea during the task force meeting.

Greg Motta, the chief of the FBI's digital evidence section, said that the bureau was trying to preserve its existing ability to conduct criminal investigations. Federal regulations in place since at least 1986 require phone companies that offer toll service to "retain for a period of 18 months" records including "the name, address, and telephone number of the caller, telephone number called, date, time and length of the call."

But the good news is that if you're not doing anything wrong, you have nothing to worry about. Frankly I'd describe this as universal warrantless wiretapping. If this is allowed the government would essentially have the 'right' to enter your home without a warrant and gather evidence against you for a crime that you have not yet formed any intention of committing. Shades of 'Minority Report.'

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