Law

Justice Department seeks mandatory data retention

Criminal investigations "are being frustrated" because no law currently exists to force Internet providers to keep track of what their customers are doing, the U.S. Department of Justice will announce tomorrow.

CNET obtained a copy of the department's position on mandatory data retention--saying Congress should strike a "more appropriate balance" between privacy and police concerns--that will be announced at a House of Representatives hearing tomorrow.

"Data retention is fundamental to the department's work in investigating and prosecuting almost every type of crime," Jason Weinstein, deputy assistant attorney general for the criminal … Read more

GOP pushing for ISPs to record user data

The House Republicans' first major technology initiative is about to be unveiled: a push to force Internet companies to keep track of what their users are doing.

A House panel chaired by Rep. F. James Sensenbrenner of Wisconsin is scheduled to hold a hearing tomorrow morning to discuss forcing Internet providers, and perhaps Web companies as well, to store records of their users' activities for later review by police.

One focus will be on reviving a dormant proposal for data retention that would require companies to store Internet Protocol (IP) addresses for two years, CNET has learned.

Tomorrow's data … Read more

Internet 'kill switch' bill will return

A controversial bill handing President Obama power over privately owned computer systems during a "national cyberemergency," and prohibiting any review by the court system, will return this year.

Internet companies should not be alarmed by the legislation, first introduced last summer by Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine), a Senate aide said last week. Lieberman, an independent who caucuses with Democrats, is chairman of the Senate Homeland Security and Governmental Affairs Committee.

"We're not trying to mandate any requirements for the entire Internet, the entire Internet backbone," said Brandon Milhorn, Republican staff director … Read more

European politicos protest DOJ WikiLeaks-Twitter probe

An influential group of European politicians is protesting the U.S. government's attempt to pry WikiLeaks-related information out of Twitter, saying that EU privacy rules may have been violated.

The parliamentary maneuver expected tomorrow comes as London-based lawyers for WikiLeaks editor Julian Assange warned that their client could face illegal rendition to the United States, execution, or indefinite detention "at Guantanamo Bay or elsewhere," and a U.K. judge set a two-day extradition hearing to start on February.

Tomorrow's parliamentary protest, calling on the EU to "ask the U.S. authorities for clarifications on the … Read more

WikiLeaks volunteer hires lawyers in Twitter fight

An ex-WikiLeaks volunteer has hired American lawyers to oppose the U.S. government's efforts to obtain the contents of her Twitter account, CNET has learned.

Birgitta Jónsdóttir, a member of the Icelandic parliament who helped with WikiLeaks' release of a classified U.S. military video, is being represented by the San Francisco-based Electronic Frontier Foundation.

"We're looking at options and various things we can do to help our client," EFF legal director Cindy Cohn said yesterday. "She's disturbed that her information is being sought."

On Friday, Twitter notified Jónsdóttir and a handful of other subscribersRead more

Sweden's case against WikiLeaks' Julian Assange

An attorney for the two Swedish women who accuse WikiLeaks founder Julian Assange of sexual assault rejected any "conspiracy theories" surrounding the allegations, lodged a month after the embattled Web site began publishing thousands of classified U.S. government documents.

In an interview with CNET, attorney Claes Borgström said, "I'm getting e-mails where people ask me how much the U.S. administration pays me to pursue this case."

He denies any connection, emphasizing that his clients are two ordinary Swedish women who have no motive to interfere with WikiLeaks document-sharing activities, which have … Read more

Assange legal case could hang on contradiction

A contradiction emerged today over WikiLeaks' relationship with one of its suspected sources, a dispute that could influence whether Julian Assange ultimately faces conspiracy charges in the United States.

The WikiLeaks editor who was released from a London prison yesterday denied knowing Bradley Manning, the Army private who is behind held in a military brig in Quantico, Va., on charges that include leaking classified material.

"I had never heard of the name Bradley Manning before it was published in the press," Assange told ABC News today. "WikiLeaks' technology [was] designed from the very beginning to make sure … Read more

Obama privacy board gets members after two years

As a U.S. senator and presidential candidate, Barack Obama pledged to "strengthen privacy protections for the digital age."

But it wasn't until today, nearly two years after taking office, that the president finally began appointing members of a Privacy and Civil Liberties Oversight Board.

Obama's first two picks: Jim Dempsey, vice president of the Center for Democracy and Technology, and Elisebeth Cook, a former assistant attorney general under President Bush now in private practice at the Freeborn and Peters law firm. The positions are subject to Senate confirmation.

A 2007 law requires Obama to appoint … Read more

Julian Assange leaves London jail on bail

A beaming Julian Assange emerged from solitary confinement in London's Wandsworth Prison today and said he plans to continue his work as the most visible face of WikiLeaks.

The Australian programmer, computer hacker, and document-leaking evangelist told a scrum of journalists and supporters that "I hope to continue my work," and insisted he was innocent of the odd sexual allegations that led Swedish authorities to seek his extradition.

"To the British justice system itself, where if justice is not always an outcome, at least it is not dead yet," Assange said. (Here's audio.)

Earlier … Read more

Search warrants and online data: Getting real

Editors' note: This is a guest column. See Larry Downes' bio below.

There was good news yesterday for Internet intermediaries and other cloud-computing service providers. In a highly readable decision (PDF) from Judge Danny Boggs of the Sixth Circuit Court of Appeals, the court held that key provisions of the Stored Communications Act are unconstitutional. The case is U.S. v. Warshak.

Under SCA, law enforcement agents can compel Internet service providers to disclose the contents of private communications they hold on behalf of users. Such communications include, of course, personal and business e-mail, along with other documents, photos, and … Read more