Friday, December 07, 2007

New law requires complete recording of all 'net activity

Some sites are reporting that HR 3791 EH, the "SAFE Act of 2007" only applies to open commercial WiFi access points - not so. The SAFE Act requires reporting and full binary logging of every communication that has "child pornography, meaning photographs and videos of children being molested. But it also includes photographs of fully clothed minors in overly "lascivious" poses, and certain obscene visual depictions including a "drawing, cartoon, sculpture, or painting.

No, it does not say "WiFi". It says "electronic communication service". Which means:

any service which

provides to users thereof the ability to send or receive wire or

electronic communications;

What are Wire or Electronic Communications?

any transfer of signs,

signals, writing, images, sounds, data, or intelligence of any

nature transmitted in whole or in part by a wire, radio,

electromagnetic, photoelectronic or photooptical system,


means any aural transfer made in whole

or in part through the use of facilities for the transmission of

communications by the aid of wire, cable, or other like

connection between the point of origin and the point of reception

(including the use of such connection in a switching station)

furnished or operated by any person engaged in providing or

operating such facilities

There, in part two (wire communications) you get the WiFi access point. BUT, the 'Electronic Communications' means any method of transmitting any kind of encoded signal. ALL ISP's, email providers, website providers, web forum providers, AND Ham Radio repeater operators, would be required to report this, and maintain full binary logs of the entire transmission.

If you don't log your systems, then you are immune.

But what ISP doesn't log their systems? By running normal syslog and weblogs, they open themselves up to $300,000 USD fines per occurrence. Thus, they have to keep full binary logs of everything transmitted across the wire, wireless, etc. Everyone. Absolutely every single access point to the Internet. Because if you don't log it, and don't report it, then you are liable. $300,000 per image. Per frame. Per incident. Not even Google can afford that risk.

Or stop offering "Electronic Communication".

No comments: