Congress may make ISPs snoop on you

A prominent Republican on Capitol Hill has prepared legislation that would rewrite Internet privacy rules by requiring that logs of Americans' online activities be stored, CNET News.com has learned.

The proposal comes just weeks after Attorney General Alberto Gonzales said Internet service providers should retain records of user activities for a "reasonable amount of time," a move that represented a dramatic shift in the Bush administration's views on privacy.

Wisconsin Rep. F. James Sensenbrenner, the chairman of the House Judiciary Committee, is proposing that ISPs be required to record information about Americans' online activities so that police can more easily "conduct criminal investigations." Executives at companies that fail to comply would be fined and imprisoned for up to one year.

In addition, Sensenbrenner's legislation--expected to be announced as early as this week--also would create a federal felony targeted at bloggers, search engines, e-mail service providers and many other Web sites. It's aimed at any site that might have "reason to believe" it facilitates access to child pornography--through hyperlinks or a discussion forum, for instance.

Speaking to the National Center for Missing and Exploited Children last month, Gonzales warned of the dangers of pedophiles using the Internet anonymously and called for new laws from Congress. "At the most basic level, the Internet is used as a tool for sending and receiving large amounts of child pornography on a relatively anonymous basis," Gonzales said.

Until Gonzales' speech, the Bush administration had explicitly opposed laws requiring data retention, saying it had "serious reservations" (click here for PDF) about them. But after the European Parliament last December approved such a requirement for Internet, telephone and voice over Internet Protocol (VoIP) providers, top administration officials began talking about it more favorably.

The drafting of the data-retention proposal comes as Republicans are trying to do more to please their conservative supporters before the November election. One bill announced last week targets MySpace.com and other social networking sites. At a meeting last weekend, social conservatives called on the Bush administration to step up action against pornography, according to a New York Times report.

Sensenbrenner's proposal is likely to be controversial. It would substantially alter U.S. laws dealing with privacy protection of Americans' Web surfing habits and is sure to alarm Internet businesses that could be at risk for linking to illicit Web sites.

A spokesman for the House Judiciary Committee said the aide who drafted the legislation was not immediately available for an interview on Monday.

U.S. Justice Department spokesman Drew Wade said the agency generally doesn't comment on legislation, though it may "issue a letter of opinion" at a later date.

Marc Rotenberg, executive director of the Electronic Privacy Information Center in Washington, called Sensenbrenner's measure an "open-ended obligation to collect information about all customers for all purposes. It opens the door to government fishing expeditions and unbounded data mining."

The National Security Agency has engaged in extensive data-mining about Americans' phone calling habits, USA Today reported last week, a revelation that could complicate Republicans' efforts to enact laws relating to mandatory data retention and data mining. Sen. John Sununu, a New Hampshire Republican, for instance, took a swipe at the program on Monday, and Democrats have been calling for a formal investigation.

Worries for Internet providers
One unusual aspect of Sensenbrenner's legislation--called the Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act--or Internet Safety Act--is that it's relatively vague.

Instead of describing exactly what information Internet providers would be required to retain about their users, the Internet Safety Act gives the attorney general broad discretion in drafting regulations. At minimum, the proposal says, user names, physical addresses, Internet Protocol addresses and subscribers' phone numbers must be retained.

That generous wording could permit Gonzales to order Internet providers to retain records of e-mail correspondents, Web pages visited, and even the contents of communications.

"In the absence of clear privacy safeguards, Congress would be wise to remove this provision," Rotenberg said.

Sonia Arrison, director of technology studies at the free-market Pacific Research Institute in San Francisco, said the Internet Safety Act "follows in a long line of bad laws that are written in the name of protecting children."

Complicating the outlook for the Internet Safety Act is the uncertain political terrain of Capitol Hill. Rep. Diana DeGette, a Colorado Democrat, announced legislation (click for PDF) last month--which could be appended to a telecommunications bill--that would require Internet providers to store records that would permit police to identify each user.

The head of the Energy and Commerce Committee, Rep. Joe Barton of Texas, has expressed support for DeGette's plan. That could lead to a renewal of a turf battle between the two committees, one of which has jurisdiction over Internet providers, while the other is responsible for federal criminal law.

"We're still evaluating things," said Terry Lane, a spokesman for the House Energy and Commerce Committee. "We haven't really laid out exactly yet what kind of proposals we would support and what kind of proposals would be necessary."

New Internet felonies proposed:

Following are excerpts from Rep. Sensenbrenner's Internet Safety Act:

"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 shall be fined under this title or imprisoned not more than 10 years, or both.

"'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"

"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 (and what) user identification or telephone number was assigned..."

Federal politicians also are being lobbied by state law enforcement agencies, which say strict data retention laws will help them investigate crimes that have taken place a while ago.

Sgt. Frank Kardasz, head of Arizona's Internet Crimes Against Children Task Force, surveyed his colleagues in other states earlier this year asking them what new law would help them do their jobs. "The most frequent response involved data retention by Internet service providers," or ISPs, Kardasz told News.com last month.

"Preservation" vs. "Retention"
At the moment, ISPs typically discard any log file that's no longer required for business reasons such as network monitoring, fraud prevention or billing disputes. Companies do, however, alter that general rule when contacted by police performing an investigation--a practice called data preservation.

A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."

In addition, ISPs are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.

When adopting its data retention rules, the European Parliament approved U.K.-backed requirements saying that communications providers in its 25 member countries--several of which had enacted their own data retention laws already--must retain customer data for a minimum of six months and a maximum of two years.

The Europe-wide requirement applies to a wide variety of "traffic" and "location" data, including the identities of the customers' correspondents; the date, time and duration of phone calls, voice over Internet Protocol calls, or e-mail messages; and the location of the device used for the communications. But the "content" of the communications is not supposed to be retained. The rules are expected to take effect in 2008.

According to a memo accompanying the proposed rules (click here for PDF), European politicians approved the rules because not all operators of Internet and communications services were storing information about citizens' activities to the extent necessary for law enforcement and national security.

In addition to mandating data retention for ISPs and liability for Web site operators, Sensenbrenner's Internet Safety Act also would:

• Make it a crime for financial institutions to "facilitate access" to child pornography, for instance by processing credit card payments.

• Increase penalties for registered sex offenders who commit another felony involving a child.

• Create an Office on Sexual Violence and Crimes against Children inside the Justice Department.

NOTICE to VISITORS ABOUT our Web Page Content, OUR sending and receiving - E-MAIL Policies, Telephone calls and other Important Trivia

Click here for: Our Copyright Notice covering all of this website's contents.

It is one's duty as a true Christian which rests upon the Orthodox Catholic Christian Faith established by Jesus Christ, that one continues on the path, the struggle in this life to: Learn the meaning of Pascha (Easter) and the Life of Christ, His teachings and their importance for all who call themselves Christian:

Go to "Commemorations" for daily Commemorations, or When Viewing a News Article click on the link to either the Return to "Home Page" or Daily News for 2006 for today's current Daily/weekly News and Information or the:

From Our Metropolitan Archbishop, Archabbot and Primate, +Joseph Thaddeus (Stanford), OSB, SSJt., Ph.D.

We are an educational, News-informational and research Web Site dedicated to providing such as befits those who seek things pertinent to the Orthodox Catholic Christian Faith and life.

We, at apostle1.com do cause for "Point" and "Counterpoint" discussions at our web site. This is sometimes the same way in which authors and writers do in order to bring about both sides or arguments in discussions or about some issues affecting the Church as a whole. Abbot +Gregori and our Metropolitan Archbishop do this from time to time. Many have a limited understanding of what celibacy means and we can only ask: What part of CELIBACY does one not understand?

However, it has come to our attention that un-named individual(s) think it wise and not harmful to start attacking by taking copyrighted materials to use in their own web site without permission, per se: as for an example, the subjects pertaining to "Homosexuals" and "Homosexuality in the Church," etc. for the purpose of advancing their own causes to start their attacking of other(s) which is not bound in and with the Church, but with a personal agenda of self-image because of anger, hate, fear and worse. They are Roman in attitude and practice, but not Orthodox, although calling themselves "Orthodox" even "Celtic".

It is understood, according to information and belief, that three of his/her/their websites may have been closed by former service providers due to complaints against him/them for internet terrorism, spewing "hate" and causing for an individual whom he/they discuss, to be exposed to potential physical harm which happened in the early part of the 2005 when they thought themselves wise in their own conceit, for things of more than 13 years in the past. What part of "Hate" - "Exposing another to threats of losing life" - "Internet Terrorism" does he/they not understand? Now, under other domain names, the same/similar hate messages re-occur against the same individual.

We find them to be un-orthodox and un-Christian in spirit and truth for they continue to argue things of the past that is not a part of the Life and Teachings of Jesus Christ, and (in fact) go against the very commandments of Jesus Christ! And those who do such are, it is opined upon investigation and in most instances, the very one(s) who had been or are under ban as excommunicated individuals posing as duly ordained clergy who had been a part of this jurisdiction (and so many numerous others) in times past.

Apostle1.com's NOTE: A few have sent us inquiries as to why we post information and/or articles relating to what might be considered as political and sometimes from other Protestants . And the reply is much the same as it states on the entry page.... We Are:

an Educational, News, Informational and Research Web Site dedicated to providing such as befits those who seek things pertinent to the Orthodox Catholic Christian Faith and life for various

While the answer and question above is not sufficient for some to understand, we take the view (which we believe is ORTHODOX) that all things pertinent to life and living affects, and has an effect, upon not just our belief (Orthodox), but (for many) the way in which we act in accordance with our belief, our very faith.

Because this is a highly Protestant Country in which we live, having an effect upon the laws of the land, we should know something of what is on-going and where efforts by those denominations may affect and have a intrinsic effect on our very laws, for such does have an effect upon our daily lives as Orthodox Catholic Christians.

If one is not cognizant of the real events happening both locally and in the world, although many are removed from the world... one will not know what to expect or what to do, or how one can or cannot act which might betray one's faith and accrue the wrath of civil authorities as laws change. Yet, we are also reminded that these things must happen and it was for that which there exists many early Christian Martyrs and Saints.

While we can remove ourselves from the world, we still live in it. And for the faithful, theirs is a struggle for knowledge and understanding. All things are pertinent to the Orthodox Catholic Christian Faith which is the very foundation of Christianity. As such, we can not abandon them and leave them blind to events and happenings.

What we post as related to those things similar to various articles which might have a political theme or non-Orthodox Catholic Christian content of sorts ... does not mean or imply that we are supportive of, for, or against something articulated in an article, so much as it is NEWS and our faithful should be made aware, for such may be the very thing that will impact their day-to-day life. It is for them, their free will... to judge the relevancy.

Remember, not all Protestants, especially hard core cultic groups such as "Charismatic" - "Evangelical" "Promise Keepers" "Church of Christ" "Methodism" "Pentecostals" "Jehovah's Witnesses" "Mormons" and other people are not so generous in their viciousness toward anyone and anything that appears "Catholic" whether of the Roman or Orthodox jurisdictions, for they do not know or want to learn that which makes them "different" in their walk and talk as being far from the roots of Christianity.

Remember, it is the Roman jurisdiction of the Catholic Church which has more outwardly shown that it can be one of the most vicious toward those who are not Roman but are very much "Catholic" - for the sun and moon does not rise and set on the Vatican (Latin or Roman) jurisdiction as to who is or is not "Catholic" for the Roman jurisdiction split (schismed) from the roots of "Catholicism" which is founded in what is termed and called today as "Orthodoxy".

Any good article or piece of information will be considered so long as it is not defamatory or slanderous toward an individual when not based on TRUTH or FACT, or which is altered out of context from its original publishing by recognized sources.

“I prefer a defeat accompanied by humility to a victory accompanied by pride.”

Yes, our Metropolitan Archbishop, +Joseph Thaddeus, SSJt., Ph.D. strongly defends the Seals of the Confessional for such leads to true Repentance in thought, word and deed whereby the penitent is required to make amends, where possible, to seek forgiveness of those harmed by his actions whether real or imagined, and to give his forgiveness to those who have harmed him before taking the Holy Body and Blood in the Eucharist, Jesus the Christ. The reality of this understanding is bound up in and with the findings for which cause he, himself, had been character assassinated by his detractors who claim the courts prevented him from breaking the Seals of the Confessional which is not the truth at all.... Click here to see what another bishop's findings are...

"It would be better to have ten (10) true repentant X-felons who ask for and give true forgiveness than it would be to have one (1) non-x-felon or common person whose self-righteousness exceeds even the Pharisees, Sadducees, the gossip mongers, slanderers and un-repentant; for the repentant x-felon understands the true meaning of the Church's purpose as being the spiritual hospital." (siq) +Joseph Thaddeus, OSB, SSJt., Ph.D., Metropolitan Archbishop, Archabbot, Primate

Yes... "Prejudice Makes Prisoners of the Hated and the Hater..." (1992-Fr. Alan Stanford)

One can ask, "What part of 'Prejudice' and 'hate' do you not understand? Are you a complacent person? In light of the saying, examine yourself! You may be surprised if you are honest with yourself for your soul may convict you before Jesus Christ convicts you in the times to come!

"When tested by some trial you should try to find out not why or through whom it came, but only how to endure it gratefully, without distress or rancor."

St. Mark the Ascetic.

"Blessed is he whose transgression is forgiven, Whose sin is covered. Blessed is the man to whom the Lord does not impute iniquity, And in whose spirit there is no deceit." Psalms 32:1-2

For further information about how spammers, hackers and those who are angry with you can or will attempt to do damage, we offer the following link as regards some of the computer - internet problems:

This website is the property of the American Orthodox Church (AOC), North American Orthodox Church (NAOC) and the American Orthodox Catholic Church (AOCC). This website and all it's contents are under Copyright © 2000, 2001, 2002, 2003, 2004, 2005, 2006 by the American Orthodox Church (AOC), North American Orthodox Church (NAOC) and the American Orthodox Catholic Church (AOCC). All Rights Reserved under International Copyright Conventions. No part or whole of this website may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information, storage or retrieval system, without permission in writing from either the American Orthodox Church (AOC), North American Orthodox Church (NAOC) or the American Orthodox Catholic Church (AOCC). Information provided in any directory(ies) may not be recompiled into other directories or used as the basis for a derived work without explicit written permission.

Library of Congress
101 Independence Ave. S.E. Washington, D.C. 20559-6000
http://lcweb.loc.gov/copyright/
For permission to copy or use any of this material please contact us by using the E-Mail or the Postal Address located at the left of this page.

All logos of this Website are copyrighted by their owners and Apostle1.com in California and/or Luna County, New Mexico 2003, 2004, 2005, 2006 by the
American Orthodox Church, Inc. (California), North American Orthodox Church and the \American Orthodox Catholic Church Designed by Webfriar Ministries, and His Eminence Metropolitan Archbishop +Joseph Thaddeus, SSJt., Ph.D.

If You have a question that you wish to ask, please feel free to submit it. However, may it be suggested that you review all previous questions for the Month and also the Archive of questions previously asked for your question may have already been answered.

Congress may make ISP's snoop on you

New Internet felonies proposed:

Problems of Orthodoxy in America