About 5yr. log retention

[Jim Choate]

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. 
> 
> -----
> 
> >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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