Hudlin Entertainment Forum

How Ya Livin' => Technology => Topic started by: Reginald Hudlin on January 26, 2011, 03:29:31 pm

Title: GOP pushing for ISPs to record user data
Post by: Reginald Hudlin on January 26, 2011, 03:29:31 pm
from CNET:


January 24, 2011 2:24 PM PST
GOP pushing for ISPs to record user data
by Declan McCullagh

The House Republicans' first major technology initiative is about to be unveiled: a push to force Internet companies to keep track of what their users are doing.

A House panel chaired by Rep. F. James Sensenbrenner of Wisconsin is scheduled to hold a hearing tomorrow morning to discuss forcing Internet providers, and perhaps Web companies as well, to store records of their users' activities for later review by police.

One focus will be on reviving a dormant proposal for data retention that would require companies to store Internet Protocol (IP) addresses for two years, CNET has learned.

Tomorrow's data retention hearing is juxtaposed against the recent trend to protect Internet users' privacy by storing less data. Last month, the Federal Trade Commission called for "limited retention" of user data on privacy grounds, and in the last 24 hours, both Mozilla and Google have announced do-not-track technology.

A Judiciary committee aide provided a statement this afternoon saying "the purpose of this hearing is to examine the need for retention of certain data by Internet service providers to facilitate law enforcement investigations of Internet child pornography and other Internet crimes," but declined to elaborate.
 

Thanks to the GOP takeover of the House, the odds of such legislation advancing have markedly increased. The new chairman of the House Judiciary committee is Lamar Smith of Texas, who previously introduced a data retention bill. Sensenbrenner, the new head of the Subcommittee on Crime, Terrorism, and Homeland Security, had similar plans but never introduced legislation. (It's not purely a partisan issue: Rep. Diana DeGette, a Colorado Democrat, was the first to announce such a proposal.)

Police and prosecutors are the biggest backers of data retention. FBI director Robert Mueller has said that forcing companies to store those records about users would be "tremendously helpful in giving us a historic basis to make a case" in investigations, especially child porn cases. An FBI attorney said last year that Mueller supports storing Internet users' "origin and destination information," meaning logs of which Web sites are visited.

And the International Association of Chiefs of Police, which will be sending a representative to tomorrow's hearing, previously adopted a resolution (PDF) calling for a "uniform data retention mandate" for "customer subscriber information and source and destination information." The group said today in an e-mail exchange that it still supports that resolution.

Jim Harper, director of information policy studies at the free-market Cato Institute, says the push for legislation is an example of pro-regulatory Republicans. "Republicans were put in power to limit the size and scope of the federal government," Harper said. "And they're working to grow the federal government, increase its intrusiveness, and I fail to see where the Fourth Amendment permits the government to require dragnet surveillance of Internet users."

Representing the Obama administration at tomorrow's hearing will be Jason Weinstein, deputy assistant attorney general for the Justice Department's criminal division, who has previously testified (PDF) on intellectual property infringement and was chief of the violent crime section of the U.S. Attorney's office in Baltimore.

For now, the scope of any mandatory data retention law remains hazy. It could mean forcing companies to store data for two years about what Internet addresses are assigned to which customers (Comcast said in 2006 that it would be retaining those records for six months).

Or it could be more intrusive, sweeping in online service providers, and involve keeping track of e-mail and instant-messaging correspondence and what Web pages users visit. Some Democratic politicians have previously called for data retention laws to extend to domain name registries and Web hosting companies and even social-networking sites. The police chiefs' proposal talks about storing information about "destinations" that Internet users visit.

AOL said today that "we are waiting to see the proposed legislation to understand what data needs to be retained and for what time period."

These concepts are not exactly new. In June 2005, CNET was the first to report that the Justice Department was quietly shopping around the idea, reversing the department's previous position that it had "serious reservations about broad mandatory data retention regimes." Despite support from the FBI and the Bush Justice Department, however, the proposals languished amid concerns about privacy, liability, cost, and scope. (Would coffee shops, for instance, be required to ID users and log their activities?)


Retention vs. preservation
At the moment, ISPs typically discard any log file that's no longer required for business reasons such as network monitoring, fraud prevention, or billing disputes. Companies do, however, alter that general rule when contacted by police performing an investigation--a practice called data preservation.

A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."

Because Internet addresses remain a relatively scarce commodity, ISPs tend to allocate them to customers from a pool based on whether a computer is in use at the time. (Two standard techniques used are the Dynamic Host Configuration Protocol and Point-to-Point Protocol over Ethernet.)

In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.

When adopting its data retention rules, the European Parliament required that communications providers in its 25 member countries--several of which had enacted their own data retention laws already--retain customer data for a minimum of six months and a maximum of two years.

The Europe-wide requirement applies to a wide variety of "traffic" and "location" data, including the identities of the customers' correspondents; the date, time, and duration of phone calls, voice over Internet Protocol calls or e-mail messages; and the location of the device used for the communications. The "content" of the communications is not supposed to be retained.

But last March, a German court declared the national data retention law to be unconstitutional.


Read more: http://news.cnet.com/8301-31921_3-20029393-281.html#ixzz1CBel2gJO
Title: Re: GOP pushing for ISPs to record user data
Post by: Battle on January 28, 2011, 04:39:17 pm
From the article:

Quote
A House panel chaired by Rep. F. James Sensenbrenner of Wisconsin is scheduled to hold a hearing tomorrow morning to discuss forcing Internet providers, and perhaps Web companies as well, to store records of their users' activities for later review by police.







Who's to say we are not being monitored through our ISPs now?(http://i7.photobucket.com/albums/y275/Avatar_of_Nen/shrug2.gif)


...and why is the verb 'force' always used when to describe a requirement?
Title: Re: GOP pushing for ISPs to record user data
Post by: Battle on July 28, 2021, 04:35:18 pm
Thursday, 28th July  Twenty One
The FTC Votes Unanimously to Enforce Right to Repair
by Lauren Goode






DURING AN OPEN commission meeting Wednesday, the Federal Trade Commission voted unanimously to enforce laws around the Right to Repair, thereby ensuring that US consumers will be able to repair their own electronic and automotive devices.

The FTC’s endorsement of the rules is not a surprise outcome; the issue of Right to Repair has been a remarkably bipartisan one, and the FTC itself issued a lengthy report in May that blasted manufacturers for restricting repairs.

But the 5 to 0 vote signals the commission’s commitment to enforce both federal antitrust laws and a key law around consumer warranties—the Magnuson Moss Warranty Act—when it comes to personal device repairs.

The vote, which was led by new FTC chair and known tech critic Lina Khan, also comes 12 days after President Joe Biden signed a broad executive order aimed at promoting competition in the US economy.

The order addressed a wide range of industries, from banks to airlines to tech companies.

But a portion of it encouraged the FTC, which operates as an independent agency, to create new rules that would prevent companies from restricting repair options for consumers.

“When you buy an expensive product, whether it's a half-a-million-dollar tractor or a thousand-dollar phone, you are in a very real sense under the power of the manufacturer,” says Tim Wu, special assistant to the president for technology and competition policy within the National Economic Council.

“And when they have repair specifications that are unreasonable, there's not a lot you can do."

Wu added that Right to Repair has become a "visceral example" of the enormous imbalance between workers, consumers, small businesses, and larger entities.

The FTC vote is another win for the Right to Repair movement in the US, which has been led by advocacy groups like the US Public Interest Research Group, as well as private companies like iFixit, the California-based company that sells gadget repair kits and publishes repair manuals for DIY tinkerers.

Proponents of the Right to Repair have long argued that consumers should have access to the tools, parts, documentation, and software required to fix the products they own, whether it’s a smartphone or a tractor.

These groups are also quick to call out instances in which large manufacturers block or limit options for independent product repairs, or force consumers to go directly back to a manufacturer, who then charges a premium for a fix.

And it’s not just a matter of fixing a broken glass back on a smartphone, or repairing an impossibly small smartwatch: During the height of the coronavirus pandemic in the spring of 2020, medical device engineers began speaking out on the dangers of not having access to repair tools for critical devices, such as ventilators, during times of crisis.

As more products are designed with internet connectivity—from smartphones to refrigerators to cars—the issue of repair rights has become increasingly complicated.

Repair advocates say consumers should have access to all of the data that their personal devices collect, and that independent repair shops should have access to the same software diagnostic tools that “authorized” shops have.

“I urge the FTC to use its rulemaking authority to reinforce basic consumer and private property rights, and to update it for the digital age, as manufacturers seek to turn hundreds of millions of owners of technology into tenants of their own property,” said Paul Roberts, the founder of Securepairs.org, during a public comments section of today’s FTC meeting.

“A digital Right to Repair is a vital tool that will extend the life of electronic devices.”

But some large manufacturers oppose this notion, arguing that it will make products less secure and could expose consumers to safety risks.

John Deere, one of the world’s leading tractor makers, has issued statements saying that it “does not support the right to modify embedded software due to risks associated with the safe operation of the equipment, emissions compliance, and engine performance.”

During the comments portion of the FTC hearing today, a representative for the Outdoor Power Equipment Institute claimed that “Right to Repair legislation fails to consider consumer safety and environmental protection with respect to our industry’s products … as an example, it would allow for modification of and tampering with safety controls of powered lawn mower blades required under law by the CPSC, as well as emissions controls required under law by the EPA.”

Carl Holshouser, senior vice president at TechNet, a trade group that has represented companies like Microsoft and Apple, wrote in an emailed statement to WIRED that “the FTC’s decision to upend an effective and secure system for consumers to repair products that they rely on for their health, safety, and well-being, including phones, computers, fire alarms, medical devices, and home security systems, will have far-reaching, permanent impacts on technology and cybersecurity.”

And ahead of the vote today, the Consumer Technology Association—which hosts the annual CES tech bonanza in Las Vegas—sent a letter to the FTC commissioners urging collaboration, rather than an “extensive rulemaking process,” citing intellectual property rights as a thorny issue at the heart of Right to Repair.

It’s worth noting, however, that in the FTC’s report in May, which was the culmination of data gathered after the commission hosted a “Nixing the Fix” panel in 2019, the FTC said there was “scant evidence to support manufacturers’ justifications for repair restrictions.”

The report detailed a number of instances in which manufacturers may have overstated the risks of thermal runaway (read: batteries catching fire) or personal data breaches tied to device repairs.

For now, the FTC’s policy statement is a giant underscore for existing laws, while dozens of states consider Right to Repair bills at the state level.

The commission said today it would investigate repair restrictions both as potential violations of antitrust laws and from a consumer protection angle.

The FTC is also encouraging the public to report warranty abuse—as defined by the Magnuson Moss Warranty Act of 1975, which prohibits manufacturers from telling consumers that a warranty is voided if the product has been altered or tampered with by someone other than the original manufacturer.

Jessa Jones, a repair expert who runs a business in upstate New York called iPad Rehab, and who claims to have fixed over 40,000 iPhones, urged the FTC to take the enforcement of the existing regulations seriously.

“Despite the anti-tying statement within the Magnuson Moss Warranty Act, there’s still rampant disregard of the FTC rules,” Jones said during the public comments portion of the meeting.

“Consumers and manufacturers alike still believe that you can void a warranty simply by opening a device.”
















Would You Like To Know More?
https://www.wired.com/story/ftc-votes-to-enforce-right-to-repair/ (https://www.wired.com/story/ftc-votes-to-enforce-right-to-repair/)