February 6, 2010

FBI’s Most Wanted: Your Browsing Activity


FBI Director Robert Mueller wants ISPs to track “origin and destination information” about their customers’ browsing habits and store them for authorities’ use for two years, according to a CNET report.

That would mean monitoring the IP addresses, domains and exact websites users visit, and then storing that information for months. If officials who support this measure get their way, federal, state and local law enforcement would be able to access the information via search warrant or subpoena.

Access to exact URLs would require deep-packet inspection, which could be a violation of the Wiretap Act. The courts would end up having to make a ruling one way or the other if authorities try it.

The argument in favor is that the FBI has long been able to do this with telephone call information, but since so much telephone communication has been replaced by web activity, this would just be a preservation of existing powers. And those in favor insist that no actual content would be released to authorities — only points of contact. For example, authorities can see that a phone call was made from one number to another, but they don’t know what was said unless they wiretap.

The FBI says it could use an ISP’s data to investigate suspected child pornographers, but there are obviously potential abuses as well. The good news for privacy hawks who oppose this sort of thing just as strongly as they do the CIA’s alleged use of social networking data is that no significant progress has been made to get this done; consider this more a statement of intent. It’s not the first though; a formal request was sent to congress almost two years ago.


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