| BIG BROTHER GETS SCARIER
Justice Department takes aim
at image-sharing sites By Declan McCullagh,
CNET News.com March 2,
2007
The Bush administration has accelerated its
Internet surveillance push by proposing that Web sites must keep records
of who uploads photographs or videos in case police determine the content
is illegal and choose to investigate, CNET News.com has learned.
That proposal surfaced Wednesday in a private
meeting during which U.S. Department of Justice officials, including Assistant
Attorney General Rachel Brand, tried to convince industry representatives
such as AOL and Comcast that data retention would be valuable in investigating
terrorism, child pornography and other crimes. The discussions were described
to News.com by several people who attended the meeting.
A second purpose of the meeting in Washington,
D.C., according to the sources, was to ask Internet service providers how
much it would cost to record details on their subscribers for two years.
At the very least, the companies would be required to keep logs for police
of which customer is assigned a specific Internet address.
Only universities and libraries would be excluded,
one participant said. "There's a PR concern with including the libraries,
so we're not going to include them," the participant quoted the Justice
Department as saying. "We know we're going to get a pushback, so we're
not going to do that."
Attorney General Alberto Gonzales has been
lobbying Congress for mandatory data retention, calling it a "national
problem that requires federal legislation." Gonzales has convened earlier
private meetings to pressure industry representatives. And last month,
Republicans introduced a mandatory data retention bill in the U.S. House
of Representatives that would let the attorney general dictate what must
be stored and for how long.
Supporters of the data retention proposal say
it's necessary to help track criminals if police don't immediately discover
illegal activity, such as child abuse. Industry representatives respond
by saying major Internet providers have a strong track record of responding
to subpoenas from law enforcement.
Wednesday's meeting represents the latest effort
by the Bush administration to increase the ability of law enforcement and
intelligence agencies to monitor Internet users. Since 2001, the administration
has repeatedly pushed for more surveillance capabilities in the form of
the Patriot Act and a follow-up proposal that--if it had been enacted--would
have given the FBI online eavesdropping powers without a court order for
up to 48 hours.
Often invoking terrorism and child pornography
as justifications, the administration has argued that Internet providers
must install backdoors for surveillance and has called for routers to be
redesigned for easier eavesdropping. President Bush's electronic surveillance
program, which was recently modified, has drawn an avalanche of lawsuits.
ISP snooping timeline
The Justice Department's request for information
about compliance costs echoes a decade-ago debate over wiretapping digital
telephones, which led to the 1994 Communications Assistance for Law Enforcement
Act. To reduce opposition by telephone companies, Congress set aside $500
million for reimbursement and the legislation easily cleared both chambers
by voice votes.
Once Internet providers come up with specific
figures, privacy advocates worry, Congress will offer to write a generous
check to cover all compliance costs and the process will repeat itself.
The Justice Department did not respond to a
request for comment on Thursday. The U.S. Internet Service Provider Association,
which has been critical of data retention proposals before, declined to
comment.
Because the Justice Department did not circulate
a written proposal at the private meeting, it's difficult to gauge the
effects on Web sites that would be forced to record information on image
uploads for two years. Meeting participants said that Justice officials
(including Brand, the assistant attorney general for legal policy and a
former White House attorney) did not answer questions about anonymously
posted content and whether text comments on a blog would qualify for retention.
In practice, some Web businesses already make
it a practice to store personal information forever. Google stores search
terms indefinitely, for instance, while AOL says it deletes them after
30 days.
David Weekly, a San Francisco-area entrepreneur
who founded popular Wiki-creation site PBWiki.com, said the Justice Department's
proposal would be routinely evaded by people who use overseas sites to
upload images. (PBWiki, which recently raised $2 million from Mohr Davidow
Ventures, lets people embed photographs on pages they create with a point-and-click
editor.)
If the proposal were to become law, PBWiki
would already be in compliance, Weekly said. "We already keep all that
data pretty much indefinitely because it's invaluable for us to mine and
figure out how people use services," he said. "How do they use services
now versus a year ago? Was February a bad month for traffic?...We already
have the data there. It's already searchable. It's already indexed." |