On Thu, Dec 12, 2013 at 11:34 AM, /dev/ph0b0s <pho...@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
