Lawmakers Considering Data Retention Bill
Lawmakers are considering making data retention mandatory in an effort to help investigations conducted by law enforcement officials.

February 19, 2011 /24-7PressRelease/ -- When authorities investigate Internet-related crimes, the first place they often go to find information about the crime is the Internet protocol, or IP, address. The IP address is a set of identifying numbers unique to each computer connected to the Internet. Despite subpoenas and the cooperation of many Internet service providers (ISP), information related to the IP address is often deleted from the service provider's system before investigators can access it.

While not done maliciously, the ISP typically deletes the data to save space on its own servers and cut costs. A recent ABC report notes that some service providers voluntarily retain data for a few months or years, while others do not retain any data at all. As a result, lawmakers are considering making data retention mandatory in an effort to help investigations conducted by law enforcement officials.

Privacy and Cost Concerns

Recently, U.S. Deputy Assistant Attorney General Jason Weinstein appeared before the House Subcommittee on Crime, Terrorism and Homeland Security. In his testimony Weinstein noted that the lack of data retention is a considerable problem for federal and state authorities investigating a wide variety of crimes, including child pornography and other Internet specific crimes.

Weinstein stated that greater retention requirements would raise "legitimate privacy concerns." But he also argued that privacy concerns need to be "balanced against the needs of law enforcement to keep the public safe."

Critics of data retention, however, cite privacy, free speech and identity-theft concerns. Kate Dean, the Executive Director of the United States Internet Service Provider Association, who testified at the same hearing, warned that any mandate has the potential to be overbroad. In her written statement to the committee, she warned that the industry would be required to "retain billions of discrete electronic records due to the possibility that a tiny percentage of them might contain evidence" of criminal activity.

She further warned that data retention requirements would open up a complex system of regulations for privacy and security issues, which do not currently exist. Dean also expressed concerns about how small and medium sized service providers could absorb the costs of gathering and storing that data. This would undermine the ability of smaller service providers to raise capital and serve their existing customers, which would run the risk of putting some companies out of business and stifle competition.

According to a Bloomberg report, Rep. Lamar Smith, R-TX, the Chairman of the House Judiciary Committee previously introduced a data retention bill that would require Internet service providers to keep record on Internet protocol addresses for at least two years. The bill has not yet been introduced this legislative session.

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