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Administration wants access to ISP records, again

by Last Night in Little Rock

Attorney General Gonzales appeared before Congress yesterday to urge them to require Internet service providers (ISPs) to keep content longer for child porn investigations. See Gonzales Urges Preserving Internet Records on NYTimes.com. Just in time for the election. It is just a cover for something greater?

Attorney General Alberto R. Gonzales said Congress should require Internet providers to preserve customer records, adding that prosecutors need them to fight child pornography. Testifying to a Senate committee, Mr. Gonzales acknowledged concerns that such legislation might be overly intrusive and encroach on privacy rights. But he said the government's lack of access to such information was the biggest obstacle to deterring child pornography.

Testifying to a Senate panel, Gonzales acknowledged the concerns of some company executives who say legislation might be overly intrusive and encroach on customers' privacy rights. But he said the growing threat of child pornography over the Internet was too great.

"This is a problem that requires federal legislation," Gonzales told the Senate Banking Committee. "We need information. Information helps us makes cases."

He called the government's lack of access to customer data the biggest obstacle to deterring child porn.

"We have to find a way for Internet service providers to retain information for a period of time so we can go back with a legal process to get them," he said.

Child porn is, I submit, a cover story because it will make Congress do what the Administration wants.

Next, instead of subpoenas or search warrants for ISP records, national security letters (NSLs) will be used to mine ISP data for any other crime that the government wants to investigate. Alleged terrorism will be the first, then everything else will be subject to seizure. Will a Republican Congress limit such efforts to these crimes alone? Doubtful, but the Administration has had no success thus far. Before an election, however, anything is possible. Republicans (and Democrats, but the Republicans seem to have first dibs) always want to roll out their "tough on crime" banner.

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  • Seems as though they have turned up the propagandistic rhetoric to "full spew". Gonzales has mastered the Rovian art of lying whenever he opens his mouth. This whole topic is an old red herring. It's not so much that the gov't doesn't have ALL the resources it needs to fight crime (such as kiddie porn) - it does. It merely doesn't have the resources it WANTS, Constitution be damned. So let's all shred the Constitution to be a little bit safer and more law-abiding, shall we? This, by the way, is pretty much the irrational argument being put forward by the otherwise rational jurist, Judge Posner, in his new book (which I do not have a link to).

    So, if this passes, who here thinks the dems, if getting into power will repeal this?

    Full spew! Exactly.

    Testifying to a Senate committee, Mr. Gonzales acknowledged concerns that such legislation might be overly intrusive and encroach on privacy rights.
    I dnotice that he has never 'acknowledged' that he is concerned... His general attitude is "overly intrusive?" "So?" "Enroach?" "That's what I do! "Rights? "What's are they?" He also never works alone. ---edger

    Re: Administration wants access to ISP records, ag (none / 0) (#6)
    by Sumner on Wed Sep 20, 2006 at 03:51:09 PM EST
    from some of my notes on 02/10/98. (I seem to remember taking much of this information from The Brethren: Inside the Supreme Court, by Bob Woodward.)
    "Congress shall make no law ... Abridging the freedom of speech, or of the press..."
    In 1957, in Roth v. United States, Justice WILLIAM BRENNAN, in the original opinion which carved out exception to the First Amendment, held that obscenity was not speech and thus could be banned. ("A rose by any other name...") In 1964, Justice POTTER STEWART, in Jacobellis v. Ohio, in an opinion ruling the French film, The Lovers, was not obscene, STEWART opined that while he could not define obscenity, "I know it when I see it". Stewart called this his "Casablanca Test", from his Navy days when sailors had brought on board, locally produced pornography while in Casablanca. That observation perhaps translates directly to "smut", a characterization that ascribes to generally low-budget pictures that are "dark", "grainy", and/or "out-of-focus". I imagine you could throw in "shallow depth-of-field" (owing to a necessary wide-open aperture to compensate for low-light levels), for extra measure, just to be sure. [Remainder deleted, please do not use the comments to publish your own writings. And please be respectful of bandwidth.]

    Re: Administration wants access to ISP records, ag (none / 0) (#8)
    by Bill Arnett on Wed Sep 20, 2006 at 04:20:29 PM EST
    Why doesn't the king's attorney just come out and admit that they want unlimited authority to search anyone, at any time, any where, for any reason, or for no reason at all, and that, if they find you have committed no crime, they will think up and pass a new law on the spot for whatever crime they wish to imagine you may have committed, and then torture you until you confess? Then, after your confession, they will try you in secret, using illegally obtained evidence, heard outside your presence, with no legal representation, and make any appeals from convictions illegal? In fact, and boy would this work well, why not just amend the Constitution to reflect that ALL citizens are GUILTY of SOME CRIME from the MOMENT OF BIRTH, and at whatever time the government so chooses, it CAN ARREST YOU WITHOUT WARRANT, SENTENCE YOU IMMEDIATELY, AND INCARCERATE YOU AT WILL AND FOREVER if they so choose. No more damned liberal judges required.

    Wait a minute!! Gonzalez has just TOLD the terrorists what we're looking at! He's providing aide and comfort to the enemy!! It's only useful if noone knows you're looking at it...I mean, nobody tapes the stuff from security cameras, if someone knows they're being watched, they won't break the law!!

    Re: Administration wants access to ISP records, ag (none / 0) (#7)
    by Sumner on Wed Sep 20, 2006 at 06:05:38 PM EST
    hmmm... I wrote this on 01/08/01: Why is the Bush nomination for an attorney general so far to the right? We suspect that he wants to govern from fear, not reason, that he plans to tumble the nation into turmoil. That he plans to "cry havoc, and unleash the dogs of war", (Henry V). All this, in order to follow the KEATING Syndrome model of "moral" misdirection while he loots, pillages and plunders. Such a scenario suggests thuggery jackboot justice and a culturally sterile society.

    Re: Administration wants access to ISP records, ag (none / 0) (#10)
    by Sumner on Wed Sep 20, 2006 at 06:05:38 PM EST
    Respectful of bandwidth? Ms. JM, I called up my Cable/ISP provider after watching the Senate Banking Committee's dog and pony show with speedy gonzales and read them the riot act! I informed them that I wrote a $100,00 grant application in 1985 to the baby Bell in California for my Constitutional project, pointing out that they had no trouble taking Uncle Sam's treasure to spy for Big Brother on their own customers. I warned where things were heading then, and they surely have come to pass: cf. EFF's Class-Action Lawsuit Against AT&T for Collaboration with Illegal Domestic Spying Programs. A rehash of First Amendment (as abridged) law is not my writing. Those laws were written by twits. (Religionist serving twits to be exact.) My predictions generally come to pass but are frequently like Cassandra warnings. Now allow me to reflect on my otherwise intemperate remarks. Also A. G. Gonzales did not tell the truth, the whole truth, and nothing but the truth again in his testimony. He was asked the principal countries of origin of child porn and he declined to be specific, based upon his personal "judgment".

    Re: Administration wants access to ISP records, ag (none / 0) (#3)
    by kdog on Wed Sep 20, 2006 at 06:38:09 PM EST
    I don't Wile. Freedom and the the right to privacy have no friends in Washington. The Dems would enjoy the access to all our internet habits as much as the Repubs.