Va. Attorney General Calls for ISP Data Retention

RICHMOND, Va. — Weighing in on the ongoing data retention debate for Internet service providers, the Virginia state attorney general has issued a report saying that ISPs should keep records for lengthier periods of time to help law enforcement track and apprehend criminals online.

Virginia Attorney General Bob McDonnell, who six-months ago launched the Youth Internet Safety Task Force, echoed sentiments expressed by U.S. Attorney General Alberto Gonzales and FBI Director Robert Mueller on the issue of mandatory ISP data retention, but stopped short of giving a specific recommendation.

Instead, the report called for ISPs to commit to keeping data relevant to ongoing investigations. The report also called for the ISPs to join the debate at the national level to help establish a policy on the matter.

According to a CNET News article, the slightly softer suggestions on data retention made by the task force are likely due to the makeup of the body, which includes representatives from local law enforcement agencies, schools, parenting organizations, as well as private companies such as Microsoft, MySpace, Yahoo, AOL and Sony.

“It is the responsibility of business to assist in the apprehension of those who violate the promise of the Internet and prey upon children,” McDonnell said.

Under current law, ISPs must retain data for 90 days when asked to do so by federal law enforcement officials. However, ISP data retention policies vary by company.

ISPs have been reluctant to support mandatory data retention due to the high cost of storing the information as well as concerns over security and privacy.

The task force also offered an alternative to mandatory data retention, calling for improvements in the process whereby law enforcement agencies can request ISPs to hold onto their records.

For its part, the FBI has maintained its strong stance on data retention, and Director Mueller has made clear that he intends to ask Congress to help him standardize and improve data retention policy in the coming year.

The report also calls for “tough new sentences” for those convicted of trafficking in child pornography.

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