filkertom: (Default)
[personal profile] filkertom
At least Republican politicians. Rights, laws, nothing that represents what we think of as America means jack shit to them. If you support these people, you support evil.

Newest flavor:
A bill introduced last week by Representative Lamar Smith (R-TX) is beginning to raise eyebrows.
[It] would require ISPs to record all users' surfing activity, IM conversations and email traffic indefinitely.
The bill, dubbed the Safety Act by sponsor Lamar Smith, a Republican congressman from Texas, would impose fines and a prison term of one year on ISPs which failed to keep full records.

This is a terrifying development and it must be stopped before it gains any significant momentum. Background, Action items and contact information below....
Sorry, but my tolerance-and-trying-to-be-nice-or-at-least-not-go-too-ballistic quotient just got blasted into orbit. How DARE these fuckers call themselves Americans!? How DARE they!?

Oh, and excuse my pointing out the blatantly obvious, again, but I am getting sick to the teeth of these ratbastards who keep complaining how government gets in your way, government is too big, government takes all your money in taxes, blah blah fucking blah, and then propose immense freakin' military budgets and ever-more-intrusive surveillance of us, the people they are supposed to be responsible to. They want us to cut health care services, environmental protections, education, and every other damn thing, but pay more and more and more for them to spy on us. (Hint for the clue-impaired: That would make government, uh, bigger. Much, much bigger.)

(Nicked from Crooks and Liars.)

(no subject)

Date: 2007-02-12 06:57 pm (UTC)
From: [identity profile] annearchy.livejournal.com
They've got Irony Deficiency plus cognitive dissonance. No wonder they're so effed up.

(no subject)

Date: 2007-02-12 07:16 pm (UTC)
From: [identity profile] ddrussianinja.livejournal.com
Politicians really need to lay off of my internets. Now.

(no subject)

Date: 2007-02-12 07:20 pm (UTC)
From: [identity profile] zibblsnrt.livejournal.com
Don't forget to add anyone stupid enough to say "what have you got to hide?" to the people opposing this to that evil-fucker list.

(no subject)

Date: 2007-02-12 07:25 pm (UTC)
From: [identity profile] bryanp.livejournal.com
First, let's be very clear: I'm not defending this bill at all. I think it's poorly worded at best. However, I am curious about your interpretation. I'm reading it on thomas.loc.gov and I don't see anything about logging IM conversations or email traffic.

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.837:

The relevant section appears to be -

SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.

(a) Regulations- Not later than 90 days after the date of the enactment of this section, the Attorney General shall issue regulations governing the retention of records by Internet Service Providers. Such regulations shall, at a minimum, require retention of records, such as the name and address of the subscriber or registered user to whom an Internet Protocol address, user identification or telephone number was assigned, in order to permit compliance with court orders that may require production of such information.


I suspect he could stretch "at a minimum" for the retention rules quite some distance. That would have to be clarified, modified or removed. Or is there another section of this bill that I'm missing / misinterpreting?

(no subject)

Date: 2007-02-12 07:32 pm (UTC)
From: [identity profile] zibblsnrt.livejournal.com
"Such as" does not mean "limited to." The simple identity of a person's account is useless for surveillance purposes, and is a matter of public record most of the time anyway. It's what that identity does that this bill's aimed at.

If all they wanted was the explicitly described minimum there, all they'd need to keep would be the current list of subscribers.

(no subject)

Date: 2007-02-12 07:40 pm (UTC)
From: [identity profile] bryanp.livejournal.com
Hence the last comment of "I suspect he could stretch "at a minimum" for the retention rules quite some distance. That would have to be clarified, modified or removed."

The minimum requirement according to what I read is that an ISP would have to be able to produce records saying "IP address X was in use by subscriber account Y on date and time Z."

Anything beyond that is speculation.

(no subject)

Date: 2007-02-12 07:51 pm (UTC)
From: [identity profile] jrtom.livejournal.com
The simple identity of a person's account is useless for surveillance purposes, and is a matter of public record most of the time anyway.

Each of these is inaccurate.

If you know that "foofooraw4235" is the on-line alias of, let's say, "Dick 'Tater' Chainy" [sic], then suddenly anything that "Dick" has done using this alias that has left traces in publically accessible locations (blog comments, newsgroup postings, etc.) is now linked to him. Pseudonymity is a big part of what makes the Internet work as it does today. You may argue (although considering that your LJ does not publically list your name, I'd be surprised) that this would be an improvement, but the point is that being able to link pseudonums to real names is not "useless for surveillance purposes".

I also do not believe that this information is a matter of public record. Certainly the ISP associated with an IP address is so (this is what "whois" tells you) but as someone who works in the anti-spam arena, I guarantee that the identity of a _person_ who uses a given email address, or connects with a given ISP, is _not_ public knowledge. Otherwise spam (and several other infestations) would be considerably less problematic to deal with. (Yes, I know, botnets: different problem.)

In any case I think that [livejournal.com profile] bryanp's original question still stands.
From: [identity profile] filkertom.livejournal.com
Um....

Okay, maybe you don't understand the way that legalese is played these days, a game whose rules you can find by perusing pretty much any news item involving the war in Iraq, Scooter Libby, or most every other thing involving government or the punditry.

"Stretching" is what they FUCKING DO.

The law is worded very, very vaguely. For instance:
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF CHILDREN.

(a) Offense- Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1960B. Internet facilitation of child pornography and exploitation of children

`(a) Offense- Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both.


`(b) Definitions- As used in this section--

`(1) the term `Internet content hosting provider' means a service that--

`(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and

`(B) makes such data available via the Internet

`(2) the term `email service provider' means a person that--

`(A) provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and

`(B) receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:

`1960B. Internet facilitation of child pornography and exploitation of children'.
I don't think it would be difficult at all to read the part that I put in bold, above, as saying that pretty much any ISP, by allowing a child pornographer access to the internet, could be held liable just because they were how he got online.

The part you mention above, Sec. C, is a similar record. Do all ISPs have to produce their user rolls on demand? How about hotels/motels, etc., that have very short term sign-ups? Or Panera Bread and McDonald's? Truck stops? If you host a game of Unreal Tournament, and everybody logs on through your provider, do they all count as customers? Oh, and leave us not forget pop-up ads, many of which people have no control over at all.

And, here's the big thing, in advance of your saying something like, "Well, they're not doing child porn"...

HOW DO THEY KNOW, UNLESS THEY MONITOR YOUR COMMUNICATIONS? UNLESS THEY MONITOR EVERYONE'S COMMUNICATIONS?

Besides just the fuckin' spying on us part, how big a division of each and every ISP do you think will be necessary to keep track of that?
From: [identity profile] bryanp.livejournal.com
Oh, I'm quite familiar with the legalistic stretching of meaning that is common in modern times. The Interstate Commerce Clause of the Constitution has been stretched so far by both the left and the right that I'm surprised it's still visible to the naked eye.

I doubt this bill will ever make it, but I intend to voice my objection to it anyway. If nothing else, asking ISP's to archive every single communication is unrealistic at best.

And, here's the big thing, in advance of your saying something like, "Well, they're not doing child porn"...

Tom, if you think I'd ever use the "well, if you're not doing anything wrong you have nothing to fear" argument, or any variation thereof, you really have me pegged wrong. I may be more conservative than you are (albeit disenchanted with both major parties these days), but I'm not an idiot. I was questioning your interpretation of this bill, not defending it. There is a difference.
From: [identity profile] smallship1.livejournal.com
True, but it seems to me that putting a worst-possible-case interpretation on any piece of law that this government tries to bring in is no more than ordinary prudence, given what they've already got away with.
From: [identity profile] filkertom.livejournal.com
Understood, ace, but that is indeed the kind of argument that people have used for years now, to defend the PATRIOT Act, the NSA spying in violation of FISA, etc., etc., etc. I just like making sure these things are said out loud. Again, part of that "stretching" thing is the tendency for these laws to be written in vague terms, so that circumstances deliberately pretzel'd in directions most people wouldn't think of can slip under the law's jurisdiction. One of the biggest reasons for [a] "plain English" wording and [b] not attaching nonrelated amendments to laws before Congress votes on 'em. (See recent attempts at getting a boost to the minimum wage.)
From: [identity profile] hiddenkrypt.livejournal.com
Actually, way I see things...

The phrase "has reason to believe facilitates access to" Pretty much means that they will get in trouble just because an internet predator could use an ISP to do his thing.

(no subject)

Date: 2007-02-13 04:40 am (UTC)
From: [identity profile] vixyish.livejournal.com
I'm not sure it's the "at a minimum" part that they'd be stretching.

It's "retention of records."

Because that phrase is not specifically defined anywhere, you, and more to the point they, can define "retention of records" to mean pretty much anything.

They don't *have* to stretch. The broad, wide, huge definition is already built right in.

(no subject)

Date: 2007-02-12 08:12 pm (UTC)
From: [identity profile] hanabishirecca.livejournal.com
I miss the days (before I was born for the most part) where Republicans were all about being against big government. Or is this like saying "things were better in the old days."

(no subject)

Date: 2007-02-13 06:34 am (UTC)
From: [identity profile] holzman.livejournal.com
When was it that Republians were all about being against big government, as differentiated from all about talking about being against big government as a code word for not spending money on programs of which they do not approve?

(no subject)

Date: 2007-02-12 09:14 pm (UTC)
From: [identity profile] nagasvoice.livejournal.com
If they do want to stretch it to the point of logging all surfing and email traffic and IM indefinitely, I suspect there's not enough storage media in the universe for that. Yes, the Intarweb hangs onto things a lot longer than anybody really thinks about, what with crossposts etc., but c'mon. Chat? Impractical.
It may not go *on* being impractical, of course, so it's not a fail-safe to rely on.
Even scaled back, it's aiming at a couple of unAmerican and quite likely illegal precedents. Link it to easy government access, and of course you have a much bigger squabble than warrantless wiretapping was.
It's also interfering in the internal business structure of an entire industry, with no justified reason or excuse for so doing, and completely against any tradition of that traditionally small-government political party. If they want to lose yet more of their paranoid members to the Libertarian vote, by all means, keep going like this.

Finally, can you imagine AOL trying to respond to the storage costs of doing this folly, even scalled down in various ways?

Hmm. Maybe somebody could tell them?
Maybe even suggest they could go mildly hinting that ticking off gigantic media conglomerates is not in your best interests as a politician, even if you're from Texas?

(no subject)

Date: 2007-02-12 09:50 pm (UTC)
From: [identity profile] nagaina-ryuuoh.livejournal.com
This one made my Daily Dumbfuck blog: http://museofsnark.blogspot.com/

How much idiocy can you pack into a single bill? And why am I not surprised that this originated in...Texas?

(no subject)

Date: 2007-02-13 12:31 am (UTC)
From: [identity profile] fair-witness.livejournal.com
*cough*

Texas is also the home of Steve Jackson, and numerous other geeks who not know know this bill is impractical but are equally outraged at Smith's arrogance.

Okay, so most of us are in Travis County, but still. We're not all idiots.

(no subject)

Date: 2007-02-13 12:59 am (UTC)
From: [identity profile] filkertom.livejournal.com
Texas will always be blessed for being the home of Molly Ivins. It ain't just them. It may be something in the beer. ;)

(no subject)

Date: 2007-02-13 01:00 am (UTC)
From: [identity profile] fair-witness.livejournal.com
And Miz Ann. Heck of a governor.

(no subject)

Date: 2007-02-13 12:55 pm (UTC)
From: [identity profile] nagaina-ryuuoh.livejournal.com
No, I know. I'm sorry. No slur intended toward sane Texans whatsoever.

Texas politicians, however? It's open season.

(no subject)

Date: 2007-02-13 01:40 pm (UTC)

(no subject)

Date: 2007-02-13 01:06 am (UTC)
From: [identity profile] dbcooper.livejournal.com
I have e-mailed my representative, Adam Putnam (R-FL), and urged him to fight against this bill. Next, I'm going to e-mail U.S. Senators Mel Martinez and Bill Nelson, and ask them to try to derail any similar such measure in the Senate.

I respectfully request that everyone else do the same. This bill is bad for America, and will not help stop child exploitation.
From: [identity profile] louisadkins.livejournal.com
< sarcasm > I think we should push to introduce a new bill, the "DEcent Freedom Of God-GivEn Rights" (DEFOGGER) act sounds good. DEFOGGER would hold that, at the moment that any government official takes office, they would acquire a live web feed that would follow them around 24/7 broadcasting every aspect of their daily life to the world. There would be no restrictions on this broadcast; it would be broadbanded, and free to watch. The web feed would continue until the death of the official, or the internet, as once someone is involved in politics they can remain a potential power unto death. The DEFOGGER broadcast would terminate at the end of the funeral of the official, and a complete record of the broadcast would be available (free of charge) to any member of the public at any time. Remember, support DEFOGGER! If your local, state, or federal official is not willing to support DEFOGGER, there is something "wrong." They got nothing to hide, right? < / sarcasm >

(no subject)

Date: 2007-02-13 07:34 am (UTC)
From: [identity profile] hiddenkrypt.livejournal.com
Technologically this would be a pain in the ass....

basically every post, IM, email or other bit of data would be backed up at every ISP along the traceroute... I agree with nagasvoice. The tech costs alone would be astronomical.

The interwebs do not look favorably to being fucked with. And anonymous is an amazingly powerful force, if he ever gets organized.

A bit too narrowly focused

Date: 2007-02-13 07:12 pm (UTC)
From: [identity profile] lizard-sf.livejournal.com
Remember Sen. Exon and the CDA? Bill Clinton and the Clipper Chip (a mandatory backdoor for ALL ENCRYPTION)? Sen. Feinstein trying to ban chemistry ("bomb making recipes") from the Net? Or, heck, this guy: http://gamepolitics.com/2007/02/13/2007-leg/ . And please note the delightful bipartisanship here: http://gamepolitics.com/2007/02/12/mn/ .

You are perfectly correct to hate Republicans. You should hate Democrats, too.

If you support *politicians*, you support evil. It's that nature of the beast. This is why there is a Bill of Rights, not to enumerate privileges granted by the government to the lowly masses, but to fence the government in. Note the phrasing. It is not "The government grants the right to.." but "Congress shall make no law." (Should have stopped there. Badum-BUM.)

It is very rare for any politician to take a stand for freedom, especially when someone screams "Child abusers!" or "War on terrorism!" Both sides are quite happy to dance on the burning ashes of the Constitution if they think it will get them votes, or, more importantly, deny their opponents a "soft on (whatever)" campaign attack ad. In private, politicians admit they vote for legislation they know is ineffective or unconstitutional, solely as a political maneuver, and trust the courts to clean up their mess.

So, we can debate which is worse: "Small government" (snicker) Republicans who hypocritically want the government bloated to spy on every aspect of our private lives (and who have increased government spending in real dollars more than those icons of tax&spend, FDR and LBJ, ever dreamed of), or the Democrats who consistently want to "protect" us from ourselves by banning, regulating, or controlling anything which might in any way be harmful to anyone at any time.

Pox, houses, etc.

Re: A bit too narrowly focused

Date: 2007-02-14 01:31 pm (UTC)
From: [identity profile] filkertom.livejournal.com
Yes, yes, yes. Most politicians -- it'd be pretty easy to make a case for "all" -- are pretty frickin' bad. They have forgotten that the basic function of public servants is to serve the public.

That said, I submit that the percentage of Evil Shit attempted, perpetrated, and advocated by Repubs is much, much higher than that by Dems. And I think there's more than enough evidence to bear me out.

And regulation is a much longer conversation than I have time for this morning -- maybe when I get back home. 'Cause it's a very good and interesting point, with lots and lots of ramifications. My way-too-short form: Some regulation, for the sake of safety, is vital. And some companies don't want any regulation, because (gasp!) it cuts into their bottom-line profit. Phuque dat, sez I -- safety over profit... within certain limits.

To be continued. :)

(no subject)

Date: 2007-02-14 04:55 am (UTC)
From: [identity profile] backrubbear.livejournal.com
I wonder how much stock in hard drive companies these congress critters own.

GOOD!

Date: 2007-02-16 06:38 pm (UTC)
From: [identity profile] chiraven.livejournal.com
ALWAYS follow the money.

(no subject)

Date: 2007-02-20 03:52 pm (UTC)
From: [identity profile] avt-tor.livejournal.com
The local ISP doesn't have access to server logs of sites that users would browse to. That means the local ISP would have no idea what a user was doing unless they captured every packet.

I was doing the math. If it were possible to capture all the server logs, an ISP might end up with billions of log entries a year; maybe tens of billions, so not more than a few terabytes a year. That would be a pain in the behind, but hypothetically possible. But since the ISP is only a third party, a common carrier for the packets, the only way they could do this would be to capture every single packet to and from every single user, ever. That cranks up the amount of required disk space by a factor of four or five. You'd need gigabytes of storage for every user. Running a little stock or weather widget on your desktop? That will generate thousands of packets a day. The equipment cost of this would be hundreds of dollars per user per year, which presumably users would be paying for.

March 2014

S M T W T F S
      1
2 3 456 78
9101112131415
1617 1819202122
23242526272829
3031     

Most Popular Tags

Style Credit

Expand Cut Tags

No cut tags
Page generated Feb. 23rd, 2026 02:44 pm
Powered by Dreamwidth Studios