US Congress H.R. 1981 Should Be Passed As It Preserves Privacy

The Email

Many of you are probably getting this email, or one similar.  I did.  Two things are wrong in this email: 1) it never tells you what they are talking about in H.R. 1981 & 2) it makes false and misrepresentative claims about 'free speech' and 'privacy rights' relevant to H.R. 1981  The email reads:

Dear friend,

The U.S. House of Representatives is currently considering H.R. 1981, a bill that would order all of our online service providers to keep new logs about our online activities, logs to help the government identify the web sites we visit and the content we post online. This sweeping new "mandatory data retention" proposal treats every Internet user like a potential criminal and represents a clear and present danger to the online free speech and privacy rights of millions of innocent Americans.

The Bill: H.R. 1981

If you are going to call your US Congress Representative, tell him to vote in favor of this bill.  The truth about this bill is that it is a bill to assist law enforcement in stopping child pornography.  Yes that is right...STOPPING CHILD PORNOGRAPHY!!  The email never tells you that the text is added to the Protecting Children From Internet Pornographers Act of 2011.

The portion of the bill that is causing the biggest 'freak out' by many, many bloggers, including the EFF is the following language (See HERE):

SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS.

(a) In General- Section 2703 of title 18, United States Code, is amended by adding at the end the following:

"'(h) Retention of Certain Records - A provider of an electronic communication service or remote computing service shall retain for a period of at least 18 months the temporarily assigned network addresses the service assigns to each account [in other words the IP Adresses and contact information for the IP Address activity], unless that address is transmitted by radio communication (as defined in section 3 of the Communications Act of 1934).’. (Emphasis Added)

(b) Sense of Congress - It is the sense of Congress that records retained pursuant to section 2703(h) of title 18, United States Code, should be stored securely to protect customer privacy and prevent against breaches of the records.  (Emphasis Added)

Why is this the text of the amendment left out of so many of the blogs.  I don't think they want you to be educated about the facts.  They want you to be sheep. 

This amendment to the law will allow ISP's and Hosts to keep Internet Logs for 18 months now, instead of having them deleted after 6 months, which is the current norm.  So why is that important and why are so many of these bloggers out there YELLING...DOWN WITH HR 1981...while not explaining to you what the bill says?  I don't know why they don't want you to be informed.  Like I said, I think it has to do with sheep.  I like sheep herding as a way to protect our food supply, but not as a way of herding humans or the employment of a political strategy.  Read the amendment yourself, linked above.  Don't be a sheep.

Plain Speech

In plain speech, this amendment provides that ISP's, Hosts and other Internet Log 'keepers' will need to keep the Internet Logs for only 18 months and can't just delete them whenever they want.  Why?  The law is trying to catch criminals.  The criminals using the Internet have found a loophole for child pornography, amongst other criminal acts.  Since these logs are not kept very long, the criminals or 'wrong-doers' can do their thing (e.g. commit crimes, hurt people, libel others, invent schemes, scam others out of money) and if the activity is discovered, there is no evidence of the actions, as the Internet Logs are deleted shortly thereafter.  If the ISP's, Hosts, etc. are required to keep them for 18 months, then law enforcement, lawyers and the courts can will have the time to compile the evidence before it is gone forever. 

Given that currently the standard is about 6 months, the edge goes to the criminal, the wrong-doer (often called the 'antagonist' - See Rexxfield's various articles on topic).  Why do we want the logs kept?  No...it is not for spying, as the EFF and other rabid free speechers claim, how could it be?  If 18 months is spying, so is 6 months.  It is a completely illogical argument.

Just look at section 4(b), above, a duty is imposed on the ISP or records keeper to "securely...protect customer privacy and prevent against breaches of the records."  That's right, PRIVACY IS PROTECTED in the amendment.  So the truth is actually the opposite of the majority of the blogosphere. 

Again, the reason for the logs being kept for 18 months is so that law enforcement, lawyers and the courts can discover who says and does these illegal and harmful acts using the Internet to harm others.  It is to catch the child pornographer, identify the stalker, locate the anonymous bloggers that is libeling to short sell stock or spread false information, etc.  Six Months is just not enough time to get the information that is necessary to identify the law breakers.  Sometimes it takes 6 months just to locate the IP Addresses.  Eighteen Months will REALLY make a difference in finding these cretins.

Are You Still Not Convinced?

Ask yourself this question, is it the law breakers that want laws OR is it the law keepers? 

Do you even give DUI laws a second thought if you don't drink alcohol? 

Do you ever think about rape laws if you are not a rapist? 

I would venture to guess that people that oppose H.R. 1981 are the same people that are either breaking the relevant Internet Laws right now, or they are the same people that intend to break the Internet Laws in the future and don't want to get caught when H.R. 1981 has Internet Logs of their activity kept for 18 months, including their IP Address, their Internet activity and their contact information.  Just a guess, though.  Remember, this information is only accessible through the Courts (e.g. police investigation, subpoena, etc.).

One thing is for certain, we are not sheep.  We herd sheep.  So don't be a sheep.  Think for yourself and support keeping Internet Logs for 18 months...it is not spying.  This amendment will only make it easier to find those breaking laws and the evidence necessary to convict them.  Requiring ISP's and Hosts to preserve  evidence for 18 months is a very small thing to ask for something that will provide such big results.