Monday, February 23, 2009

The Internet SAFETY Act

I'm sure this has made the rounds, but I've been out sick for the past week and thus not as caught up on my tech media as I normally would be. But a bill has been introduced to the US Congress that would:

SEC. 5. RETENTION OF RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS.

    Section 2703 of title 18, United States Code, is amended by adding at the end the following:
    `(h) Retention of Certain Records and Information- A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user.'.
    At minimum this means keeping DHCP records for 2 years. What's a bit more unclear is whether or not just IP address is sufficient to meet the standard of, 'identity of a user'. I don't think it is, though the courts will have to clarify this. This tells me that we'd have to retain records associating IP address with authenticated user.

    For commercial ISPs this is an easier bar to pass, as you need a username and password or some such equivalent to get on their networks in the first place and be provisioned with an address. For entities like us who are sort-of ISPs for our students, and have very permissive usage policies for our faculty (sex-researchers have a legitimate business need to search for, you know, sex), it's a bit less cut and dried. What isn't yet clear, but is getting a lot of internet buzz, is whether or not home users fall under this requirement as well.

    Bills such as these make a fundamentally false assumption about the internet:
    The end points always require authentication prior to usage.
    So long as vendor-neutrality holds, anyone who can get on the network at all can pass traffic over it. The Internet's protocols have no header value for signifying whether the originating node is an authenticated access or anonymous access, they just don't care. Authentication is optional on the Internet, not mandatory.

    This bill would indirectly require mandatory authentication for network access. Yes, this is a trend in the business world these days (google term: NAC), but there are whole classes of network users out there that aren't even looking into this. The locally owned independent coffee shop, with the commercial DSL line and free WiFi, the Hotel with 200 guests sharing the same business Comcast line, these are the sorts of 'anonymous' network access where NAC solutions aren't likely to ever be in place.

    Ultimately, by the time I'm 50 I expect the Internet to have converted to a mandatory-auth scheme for access. However, we're not there yet, not even close. This bill needs to be fought.

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