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Peter Swire on Patriot Act, VoIP, and stored data that never used to exist [priv]
From: David Farber <dave () farber net>
Date: Wed, 11 May 2005 08:45:26 -0400
Begin forwarded message: From: Declan McCullagh <declan () well com> Date: May 10, 2005 4:53:39 PM EDT To: politech () politechbot comSubject: [Politech] Peter Swire on Patriot Act, VoIP, and stored data that never used to exist [priv]
Previous Politech message: http://www.politechbot.com/2005/04/25/be-wary-of/ -------- Original Message --------Subject: RE: [Politech] Privacy tip: be wary of Google's "personal history" feature [priv]
Date: Tue, 26 Apr 2005 21:33:57 -0400 From: Peter Swire <peter () peterswire net> To: 'Declan McCullagh' <declan () well com> Declan: The Google "personal history" is basically one more example of stored records that never used to exist. In family law and civil suits, relevant stored records are highlylikely to be included in discovery unless the judge is convinced that the
burden (on privacy or the cost of producing the evidence) outweighs thebenefit of accurate evidence. So far in the U.S., discovery tends to win.
As for DOJ, they love stored records. The standards under theStored Communication Act are much lower than the standards for a wiretap. What about when stored telephone calls start to happen much more often, as
is likely with VOIP? That was the subject of a House Judiciary hearing last Thursday, where the so-called "stored voice mail" provision in the Patriot Act, Section 209, turns out to apply to all stored telephone calls. TheCommittee was surprised to learn how easily the stored phone calls can be
seized. NPR All Things Considered story on stored telephone calls: http://www.npr.org/templates/story/story.php?storyId=4612408 Testimony explaining Section 209: http://www.peterswire.net/swire.house.judiciary.testimony.042105.docAudio recording of the entire April 21 hearing is available from the front page of the Center for Democracy & Technology website, www.cdt.org.
Peter Prof. Peter P. Swire Moritz College of Law of The Ohio State University John Glenn Scholar in Public Policy Research Consultant, Morrison & Foerster, LLP (240) 994-4142, www.peterswire.net _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/) ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Peter Swire on Patriot Act, VoIP, and stored data that never used to exist [priv] David Farber (May 11)