do ISPs keep track of end-user IP changes within thier network?

Jimmy Hess mysidia at gmail.com
Fri Dec 13 23:21:29 UTC 2013


On Thu, Dec 12, 2013 at 11:34 AM, /dev/ph0b0s <phobos at panopticism.net>wrote:

> On 12/12, R. Scott Evans wrote:
> > I'm no lawyer but in the U.S., 18 USC 2703 appears to indicate this
> > data must be kept for at least 180 days.
> You are very mistaken. There is no requirement to retain *any* logs
> (notwithstanding any orders issued by a court).
>

My observation would be that   18 USC 2703 appears to provide for
requirements for the service provider to disclose certain records,  IF the
provider has the records stored.

The act doesn't say they must keep the records for 180 days in the first
place.
The act actually  appears to impose additional restrictions on records that
have been in the electronic system for less than 180 days.

If LESS than 180 days, then a warrant is required;  if  180 days or MORE,
 then  in some cases, an administrative procedure may be used, instead of a
warrant:

"that is in electronic storage in an electronic communications system for
one hundred and eighty days or less, only pursuant to a warrant issued
using the procedures described in the Federal Rules of Criminal Procedure"


Section  (f)   Addresses  a  requirement to Preserve records,
Preserve records and evidence PENDING issuance of a court order or process,
  SHALL retain for 90 days,   extend to an additional 90-day period upon a
renewed request by the government entity:

"
(f) Requirement To Preserve Evidence.—
(1) In general.— A provider of wire or electronic communication services or
a remote computing service, upon the request of a governmental entity,
shall take all necessary steps to preserve records and other evidence in
its possession pending the issuance of a court order or other process.
(2) Period of retention.— Records referred to in paragraph (1) shall be
retained for a period of 90 days, which shall be extended for an additional
90-day period upon a renewed request by the governmental entity.
"


--
-JH


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