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 person�s possession or control.
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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.
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____________________________________________________________________ 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@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------