About 5yr. log retention
Jim Choate
ravage at einstein.ssz.com
Tue Dec 5 15:46:29 PST 2000
Actually your cite is the wrong one. It has nothing to do with a court
issuance. There has never been a question in that regard. As I said in a
earlier note, destruction of evidence is a crime which is well covered. As
soon as you have any reason to believe it's evidence (actually whether a
cop or other agent advises you of such or not) it becomes illegal for you
to alter or destroy it. Tampering with evidence is a crime and always has
been.
But back to the point,
It's called CALEA. It's one of the requirement when one becomes a 'commen
carrier'. It's also worth noting that it applies to network providers who
provide 'significant' telephone services through their network (can you
say PBX? I thought so).
I'd send the actual page but Timmy might have a CVA. There's a reference
to the CALEA standard at the bottem of the last URL I sent out.
So, what we actually have is the DoJ participating in a strawman,
basically saying that since they can require 'commen carriers' to keep
logs then extending that to everyone isn't that big of a deal.
It actually is.
On Tue, 5 Dec 2000, John Young wrote:
> Here's the source for the data preservation requirement:
>
>
> http://www.usdoj.gov/criminal/cybercrime/COEFAQs.htm
>
> Preservation is not a new idea; it has been the law in
> the United States for nearly five years. 18 U.S.C. 2703(f)
> requires an electronic communications service provider to
> "take all necessary steps to preserve records and other
> evidence in its possession pending the issuance of a court
> order or other process" upon "the request of a governmental
> entity." This applies in practice only to reasonably small
> amounts of specified data identified as relevant to a
> particular case where the service provider already has
> control over that data. Similarly, as with traditional
> subpoena powers, issuance of an order to an individual or
> corporation to produce specified data during the course of
> an investigation carries with it an obligation not to delete
> or destroy information falling within the scope of that
> order when that information is in the persons possession or
> control.
>
> -----
>
> >From the US Code via GPO Access:
>
>
> http://www.access.gpo.gov/su_docs/aces/aaces002.html
>
> 18 USC 2703(f)
>
> (f) Requirement To Preserve Evidence.--
> (1) In general.--A provider of wire or electronic
> communication services or a remote computing service, upon
> the request of a governmental entity, shall take all necessary
> steps to preserve records and other evidence in its possession
> pending the issuance of a court order or other process.
> (2) Period of retention.--Records referred to in paragraph
> (1) shall be retained for a period of 90 days, which shall be
> extended for an additional 90-day period upon a renewed request
> by the governmental entity.
>
> -----
>
____________________________________________________________________
Before a larger group can see the virtue of an idea, a
smaller group must first understand it.
"Stranger Suns"
George Zebrowski
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ ravage at ssz.com
www.ssz.com .', |||| `/( e\ 512-451-7087
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