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Re: TOR and ISP

----- Original Message ----

> From: Tim Wilde <tim@xxxxxxxxxxx>
> To: or-talk@xxxxxxxxxxxxx
> Sent: Tue, December 29, 2009 4:01:07 PM
> Subject: Re: TOR and ISP
> On 12/29/2009 9:01 AM, Curious Kid wrote:
> > "Current law, as contained in Title 18 U.S.C. Section 2703(f), outlines
> > the process by which law enforcement can contact ISPs to request the
> > preservation of identified records or communications related to a
> > particular person. The information cannot be deleted for 90 days,
> > during which time law enforcement obtains the proper legal process.7"
> > 
> > "7. United States Internet Service Provider Association, "The US Data 
> Preservation System: Title 18 U.S.C. Section 2703(f)," 
> http://www.usispa.org/pdf/DataPreservationSystem.pdf "
> That law requires providers to PRESERVE existing data after they receive
> a SPECIFIC request for that data.  If they do not already have that
> data, it does not mandate that they begin collecting it, nor does it
> require any on-going data collection - merely preservation.  Please
> don't spread FUD.  There are plenty of truly scary things under
> consideration, we don't need fear-mongering over things that already
> exist but aren't really that scary - because then the argument can be
> made that the new stuff isn't all that scarier than the old stuff, and
> boom, we've got truly scary laws in place.
> Regards,
> Tim

It was a direct quote without comment from me. I apologize if my lack of context made it appear scary. You seem to know something about the subject, so I would like to ask you about it..

US CODE: Title 18,2703. Required disclosure of customer communications or records
(f)  Requirement To Preserve Evidence.—
(1) In general.— A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.
(2) Period of retention.— Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.

How transparent are these government requests? How do we know the scale, scope and specificity of them? If we ask, will they tell us what is being retained? If it is routine to retain records for a short amount of time, what would prevent the government from making sweeping requests that they could then sort out in the future?

Here is a two minute video made by the ACLU of Northern California about what they claim in going on right now. According to them, the government is purchasing a lot of user information from brokers:

Demand Your dotRights

I hope this information is not "spreading FUD." I think it would be of interest to privacy advocates and the Tor community.

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