question regarding US requirements for journaling public email (possible legislation?)

William Herrin bill at herrin.us
Thu Jan 5 18:42:50 UTC 2012


On Thu, Jan 5, 2012 at 10:56 AM, Eric J Esslinger <eesslinger at fpu-tn.com> wrote:
>  His response was there is legislation being pushed in both
> House and Senate that would require journalling for 2 or 5
> years, all mail passing through all of your mail servers.

Hi Eric,

The only relatively recent thing I'm aware of in the Congress is the
Protecting Children From Internet Pornographers Act of 2011.

http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.01981:

What it actually says is:

`(1) A commercial provider of an electronic communication service
shall retain for a period of at least one year a log of the
temporarily assigned network addresses the provider assigns to a
subscriber to or customer of such service that enables the
identification of the corresponding customer or subscriber information
under subsection (c)(2) of this section.'

That may mean journaling individual TCP connections in a NAT
environment but it doesn't address content, email or otherwise.

I'd say your friend was confused.



The really odd thing is that the act also says:

`(2) Access to a record or information required to be retained under
this subsection may not be compelled by any person or other entity
that is not a governmental entity.'

What does that mean for the MPAA seeking the identity of a bit torrent user?


Regards,
Bill Herrin



-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004




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