Retain or restrain access logs?

Retain or restrain access logs?
Mark Rasch, 2006-06-12

A recent proposal by the U.S. Department of Justice that would mandate Internet Service Providers to retain certain records represents a dangerous trend of turning private companies into proxies for law enforcement or intelligence agencies against the interests of their clients or customers.

Expand all | Post comment

Retain or restrain access logs? 2006-06-12
Bob Radvanovsky

Retain or restrain access logs? 2006-06-13
Anonymous

Good article but even he is missing the real issue 2006-06-14
Patriot (3 replies)

Re: Good article but even he is missing the real issue 2006-06-15
mtnbkr

Re: Good article but even he is missing the real issue 2006-06-20
Mark D. Rasch

The Courts get around the 4th Amendment issue through the argument that the documents held by the ISP are not YOUR records, but rather records of the ISP. Therefore, according to the doctrine espoused in Katz v. United States (where the Court said that the 4th Amendment protects persons not places) you have no REASONABLE expectation of privacy in records held by third parties.

Interestingly, in The One Percent Doctrine, author David Suksind reveals that the CIA routinely accessed real time PCI data (Payment Card Information) from First Data Corporation without a warrant or other legal process. Again, the rationale for accessing your credit card information is that the data does not belong to you, and you have no reasonable expectation of privacy in the data.

[ reply ]

Link to this comment: http://www.securityfocus.com/comments/columns/406/33740#33740

Re: Good article but even he is missing the real issue 2006-07-22
Anonymous

Retain or restrain access logs? 2006-06-29
Jimmy Weg (1 replies)

Re: Retain or restrain access logs? 2006-07-08
Anonymous

Retain or restrain access logs? 2006-06-30
Jimmy W

Retain or restrain access logs? 2006-07-17
Anonymous

Retain or restrain access logs? 2006-07-19
Carl Shannon