Republican Legislators Introduce Internet Record-Keeping Bill

Republican legislators in the House and Senate have introduced identical bills entitled the Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act of 2009 or the SAFETY Act.  The bills impose record-keeping requirements upon both Internet Service Providers and persons who operate wireless access points. Specifically, the bills state that "[a] provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user." You can read the Senate bill here and the House bill here. From CNN:

Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations.

U.S. Sen. John Cornyn of Texas, supporter of a bill that would require Internet user records to be saved for police.

The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates....

Translated, the Internet Safety Act applies not just to AT&T, Comcast, Verizon, and so on--but also to the tens of millions of homes with Wi-Fi access points or wired routers that use the standard method of dynamically assigning temporary addresses. (That method is called Dynamic Host Configuration Protocol, or DHCP.)

"Everyone has to keep such information," says Albert Gidari, a partner at the Perkins Coie law firm in Seattle who specializes in this area of electronic privacy law.

The legal definition of electronic communication service is "any service which provides to users thereof the ability to send or receive wire or electronic communications." The U.S. Justice Department's position is that any service "that provides others with means of communicating electronically" qualifies.

That sweeps in not just public Wi-Fi access points, but password-protected ones too, and applies to individuals, small businesses, large corporations, libraries, schools, universities, and even government agencies. Voice over IP services may be covered too.

Under the Internet Safety Act, all of those would have to keep logs for at least two years. It "covers every employer that uses DHCP for its network," Gidari said. "It covers Aircell on airplanes-- hose little pico cells will have to store a lot of data for those in-the-air Internet users...."

This tends to be a bipartisan sentiment: Attorney General Eric Holder, a Democrat, said in 1999 that "certain data must be retained by ISPs for reasonable periods of time so that it can be accessible to law enforcement." Rep. John Conyers, the Democratic chairman of the House Judiciary Committee, said that FBI proposals for data retention legislation "would be most welcome."

If these bills become law, I can't even imagine all the ways Internet privacy will be dimished.