Data retention endorsed by International Association of Chiefs of Police [priv]

The idea of data retention -- forcing Internet companies to keep track=20
of what their customers are doing -- will probably be one of the biggest =

Politech topics of 2007. That's when the new Congress will convene and=20
the FBI will resume its push for federal legislation.

The groundwork is being laid right now. The International Association of =

Chiefs of Police endorsed the concept in a resolution, and FBI director=20
Robert Mueller applauded them a few hours later:

http://www.fbi.gov/pressrel/speeches/mueller101706.htm
"Today, terrorists coordinate their plans cloaked in the anonymity of=20
the Internet, as do violent sexual predators prowling chat rooms...=20
Before we can catch these offenders, Internet service providers have=20
unwittingly deleted the very records that would help us identify these=20
offenders and protect future victims. We must find a balance between the =

legitimate need for privacy and law enforcement=E2=80=99s clear need for =
access.=20
Your resolution on records retention passed this morning will help put=20
us on the right path."

Here's a timeline so far:
http://news.com.com/2100-7348_3-6126877.html

The IACP resolution follows (I converted it from a Word document, so the =

formatting isn't quite perfect). Note that data retention is being=20
extended from ISPs to registrars and registries. Search engines have=20
also been talked about as potential targets.

-Declan

---------------------

The International Association of Chiefs of Police

Adopted at the 113th Annual Conference
Boston, Massachusetts
October 17, 2006

Support For Data Retention In Aid Of The Investigation Of Crimes=20
Facilitated Or Committed
Through The Use Of The Internet And Telephony-Based Communications Servic=
es
Submitted by the Communications & Technology Committee


WHEREAS, the lawful investigation of Internet data and telephonic=20
communications has historically proven to be one of the most valuable=20
tools available to law enforcement in identifying both the perpetrators=20
and victims of crimes;
WHEREAS, the Internet is global in nature, and as such, poses challenges =

when conducting multi-agency international investigations, including=20
delays imposed when obtaining local and international legal process;
WHEREAS, the IACP has previously noted in its Resolution of September=20
27, 2005 entitled =E2=80=9CSupport for Preservation of Access to Publicly=
=20
Available Resources in Cyber Investigations, =E2=80=9D CT23.a05, that ele=
ctronic=20
forensic evidence is fleeting in nature, and law enforcement officials=20
must obtain timely access to this information to fulfill law enforcement =

duties before the information is destroyed or otherwise becomes unavailab=
le;
WHEREAS, criminals use the anonymity and international nature of the=20
Internet, and the fleeting nature of electronic evidence, to enhance=20
their ability to victimize citizens and thwart law enforcement=20
investigations;
WHEREAS, publicly available =E2=80=9Cwhois=E2=80=9D databases containing =
information=20
involving the allocation of Internet resources, such as Internet=20
Protocol address space and domain names, are a critical tool used by law =

enforcement, but may not remain publicly available, which would severely =

hamper or eliminate the ability for law enforcement agencies to conduct=20
investigations in a timely manner;
WHEREAS, the failure of Internet access provider industry to retain=20
subscriber information, and source or destination information for any=20
uniform, predictable reasonable period, has resulted in the absence of=20
data, which has become a significant hindrance and even an obstacle in=20
certain investigations such as computer intrusion investigations and=20
child obscenity and exploitation investigations, although law=20
enforcement has generally acted expeditiously in processing lawful=20
requests to Internet providers;
WHEREAS, the migration in telephony from "toll service" to a nationwide=20
or continental flat rate billing system has substantially eroded law=20
enforcement=E2=80=99s ability to utilize lawful process to obtain telepho=
ne toll=20
records historically critical to the identification, detection and=20
prevention terrorist threat and the investigation of serious criminal=20
conspiracies;
WHEREAS, the effect of the lack of uniform retention periods of=20
customer/subscriber records, and communication source and destination=20
data in various industries and amongst various providers in the same=20
industry has been to undermine law enforcement=E2=80=99s ability to predi=
ctably=20
prioritize investigations or strategically assign resources to those=20
investigations which are largely dependant upon the existence of such=20
data, and;
WHEREAS, the European Union addressed this problem in March 2006 by=20
passing a Directive on Data Retention, Directive 2006/24/EC, requiring=20
Member States to adopt laws to combat serious crime and terrorism by=20
requiring the retention of customer information and communication source =

and destination information for a uniform minimum period, now,=20
therefore, be it -=E2=80=91
RESOLVED, that the IACP strongly urges national legislatures, the=20
Internet administration and telephony communities, including regional=20
Internet registries, the Internet Corporation for Assigned Names and=20
Numbers, domain-name registries, domain-name registrars, Internet access =

and service providers and telecommunication providers to develop an=20
appropriate but uniform data retention mandate for both the=20
aforementioned Internet administration community and telephony service=20
providers requiring the retention of customer subscriber information,=20
and source and destination information for a minimum specified=20
reasonable period of time so that it will be available to the law=20
enforcement community, upon applicable legal process, to enhance public=20
safety and prevent, deter or detect terrorists and criminals through the =

ability to investigate offenses facilitate by use of the Internet and=20
telephony.
FURTHER RESOLVED, that the IACP membership actively engage their=20
respective governmental executive and legislative components, Internet=20
administration, and telephony industry communities and coordinate their=20
efforts to achieve the goal of providing consistent, equal, and uniform=20
lawful access to the above-referenced resources for all of the law=20
enforcement community.

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