Ongoing survey of law enforcement re: ISP?s responses to subpoena ...
Posted by ~Ray @ 2008-01-01 23:55:49
Dr. stamp Kardasz updated October 13. 2007IntroductionI am conducting ongoing investigate into a contentious issue. The issue involves whether or not Internet service providers (ISP)’s should be mandated to retain data about their subscribers and subsequently report that information quickly to law enforcement upon receipt of legal process in the form of a subpoena or search warrant. Contentious IssueThe issue is contentious because law enforcement investigators around the world must rely on ISP’s to provide information about their subscribers so that law enforcement can pinpoint the location of offenders. Delays in reporting information and lack of information can stall or do away with an investigation. Particularly in the cases involving sexual exploitation young lives are sometimes at stake while investigators act for responses from ISP's. Subscriber DataInternet service providers already collect and retain subscriber data. Subscriber data usually includes the name communicate and billing information of the person responsible for paying for Internet function. ISP's must collect and retain subscriber data at least long enough to charge subscribers for their Internet service. ISP’s are not required by law to bear data. Some ISP's quickly discard data when the data is no longer needed. Survey DataIn July 2007 I began conducting surveys of investigators by sending e-mails to my colleagues nationwide asking them for anecdotal stories involving recent problems with ISP’s. The stories are compelling. Here are some of the replies:1. In November 2006 an Arizona homicide investigator sent preservation letters to Yahoo and MSN and followed up with a search warrant for the content of e-mails from both the homicide victim and the murder suspect. As of July 2007 eight months later the investigator had not received the information requested from either Yahoo or MSN.2. In April 2007 a Nebraska Internet crimes against children investigator served a process to Hamilton net an Aurora. Nebraska based ISP for the purpose of obtaining subscriber information. Although the company had responded to previous subpoenas on this occasion they stated that they did not think a subpoena was legal. Investigators subsequently obtained an opinion from the Nebraska Attorney General's Office favoring the legality of the subpoena. The ISP responded on June 20. 2007 however they had not retained all of the requested data. Investigators subsequently learned that the guess had.[ADVERTHERE]Related article:
http://kardasz.blogspot.com/2007/10/ongoing-survey-of-law-enforcement-re.html
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