On a more serious note, perhaps legal experts here could comment on something I've been wondering about. Could ISPs in the UlS. be compelled to report on the browsing and net surfing habits of their customer base?
To make this clear, I don't mean in a specific criminal case, where the records are searchable under a warrant. I mean a blanket order that all ISPs compile and forward records.
Lets get some of the cypherpunk legal types to comment on the following idea which is probably completely wrong: It is probably illegal for the ISP to keep such records in the first place! When I open a link to a remote WEB page or use FTP to retrieve a remote file, the software on my computer first forms a network connection between a program on my local computer and a remote "server" program at the remote site. The ISP provides hardware and software "in the middle" that allows this connection to take place. After this connection is established, the connection itself is used to negotiate the precise data I want (i.e. the filename in the case of FTP or the non-site portion of the URL in the case of the WEB). In order for the ISP to keep records of my browsing, it would have to snoop on this connection. But the connection is an electronic communication within the meaning of the Electronic communications privacy act (ECPA). Thus it is not legal for the ISP to keep such information. Thus the ISP can not report on the browsing habits and net surfing habits of its user base by complying with the law and never keeping the records in the first place. Perhaps the above does not apply to the site name of the connections. OK, cypherpunk legal types, tell me if I got the above wrong? -- Paul Elliott Telephone: 1-713-781-4543 Paul.Elliott@hrnowl.lonestar.org Address: 3987 South Gessner #224 Houston Texas 77063