-Caveat Lector-

http://www.theregister.co.uk/content/6/25311.html

World leaders use terror card to watch all of us. Forever
By John Leyden
Posted: 16/05/2002 at 17:40 GMT


Pronouncements from this week's G8 Justice and Interior Ministers meeting
about data protection and the retention of Internet traffic data have
created concern among privacy activists.

Controversy centres around whether blanket retention of traffic data on
the entire population should be permitted (effectively making every
Internet user susceptible to continuous surveillance of their online
activity), or whether data should only be recorded on specifically
designated targets or groups. Although the G8 refers to September 11 and
terrorism as justification for data retention, there is no proposal to
limit the use of data to terrorist cases.

Influential IT think tank, the Foundation for Information Policy Research
(FIPR), notes that statements from the G8 parallel controversy on the new
EU Communications Privacy Directive.

A policy document from the G8 states: "To the extent that data protection
legislation continues to permit the retention of data only for billing
purposes, such a position would overlook crucial legitimate societal
interests - particularly when applied to the Internet service provider
area, where flat rate pricing and free Internet and E-mail services
foreclose the need to retain traffic data for billing purposes - and
thereby seriously hamper public safety."

"The G8 also believes that when data protection legislation allows
specific derogation to the general regime on specific grounds, this should
not be the exclusive means for recognizing these other interests, since
the default rule would continue to require destruction."

G8 ministers do recognise economic implications to the collection and
retention of data, and note privacy concerns, but are pushing governments
to move towards the blanket retention of data, with ISP logs been of
particular interest.

Critics of this approach, like the FIPR, argue that putting an entire
population under computerised surveillance is incompatible with human
rights in a democratic society, and question whether such measures will
prove effective in preventing terrorism.

It proposes a new type of data preservation order, judicially authorised
case-by-case, which could require ISPs to perform detailed logging and
preservation of specific traffic data on specified targets, only for the
same purposes as interception. ®

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