• 28
  • January
    2011

When it comes to investigations involving financial crimes, possession/distribution of child pornography or computer piracy, law enforcement officials - frequently federal agents - often depend upon the valuable information that can be provided by an internet service provider (ISP).

For example, just one IP address from an ISP can serve as a major foothold in an investigation, providing law enforcement officials with the lead they need to work further up the so-called "criminal chain of command."

"[ISPs] may be the only way to learn, for example, that a certain internet address was used by a particular human being to engage in or facilitate a criminal offense," said Jason Weinstein, a deputy assistant general for the criminal division of the Department of Justice.

Interestingly, law enforcement officials are sometimes unable to access valuable information from ISPs because many of them have divergent data retention policies, meaning some hold onto potentially valuable data for a few days while others may hold onto it for a few months.

(According to law enforcement officials, requests for IP addresses in a current investigation into the sharing of child pornography on social networks could only be processed by 19 percent of ISPs.)

In response to this perceived problem, the Department of Justice testified before a congressional committee this week on the need for a law mandating a uniform data retention policy among ISPs.

However, as should be expected, the topic generated significant debate/discussion about the ability to create a meaningful balance between respecting the privacy of internet users and the investigative needs of law enforcement.

"A data retention mandate would raise a number of serious privacy and free speech concerns ... Congress should be very hesitant to require service providers to create databases to track the internet activities of 230 million innocent Americans," said John Morris, general counsel for the Center for Democracy and Technology.

Stay tuned for further developments on this issue from our Dallas criminal defense blog ...

If you or a family member has been charged with possession/distribution of child pornography or an internet sex crime, be certain to contact an experienced legal professional.

Related Resources:

Justice department calls for required data retention (The Huffington Post)