It looks like it wont be long before ISP's are required to monitor our on-line activity just in case we may be doing something illegal. I'm not sure if the 4th amendment should cover things like this but forcing a communication provider to keep records on you in case you may violate the law someday does not seem right. Isn't this like requiring the phone companies to record all our conversations?
Congress may consider mandatory ISP snooping
It didn't take long for the idea of forcing Internet providers to retain records of their users' activities to gain traction in the U.S. Congress.
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Colorado Rep. Diana DeGette's proposal says that any Internet service that "enables users to access content" must permanently retain records that would permit police to identify each user. The records could not be discarded until at least one year after the user's account was closed.
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Jim Harper, director of information policy studies at the free-market Cato Institute, said: "This is an unrestricted grant of authority to the FCC to require surveillance."
"The FCC would be able to tell Internet service providers to monitor our e-mails, monitor our Web surfing, monitor what we post on blogs or chat rooms, and everything else under the sun," said Harper, a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee. "We're seeing a kind of hysteria reminiscent of the McMartin case. The result will be privacy that goes away and doesn't come back when the foolishness is exposed."
The McMartin case was probably the most extreme example of the hysteria over "Satanic ritual abuse"--a widespread scare in the 1980s that children were molested, murdered and tortured, even though no evidence was found. In the McMartin preschool case, a family was falsely accused of Satanic activities and the charges were eventually dropped.
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.