RE: 23,000 IP addresses

["Keith Medcalf" <kmedcalf () dessus com>]

Luis Marta wrote on 2011-05-10:


> In the EU you have Directive 2006/24/EC: http://eur-
> lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF

> Article 6 - Periods of retention
> Member States shall ensure that the categories of data specified in Article
> 5 are retained for periods of not less than six months and not more than two
> years from the date of the communication.

> Article 5 - Categories of data to be retained
> 1. Member States shall ensure that the following categories of data are
> retained under this Directive:
> (a) data necessary to trace and identify the source of a communication:
> (...) the name and address of the subscriber or registered user to whom an
> Internet Protocol (IP) address, user ID or telephone number was allocated at
> the time of the communication;

The real problem is in the stupid wording.  The IP Address is not allocated to a "subscriber" or "registered user".  It 
is handed out for use on an authorized circuit.  That circuit is being paid for by someone.  There is no nexus between 
a "circuit number" and a "subscriber" or "user" (or there should not be -- and there only is if YOU CHOOSE TO CREATE 
SUCH).  If network operators behaved rationally, the proper response to any request to divulge information related to 
an IP address would be limited to the Account Number which was paying for the circuit on which the IP Address was 
allocated WITH NO IDENTIFICATION OF ANY INDIVIDUAL WHATSOEVER.

The entire problem is being created by Network Operators who are making up answers that they cannot prove are true, and 
causing grief to their customers.

Eventually some customer will decide to challenge the Network Operator to prove their allegations of misfeasance.  The 
result will be that the Network Operators will lose, and lose big time.  After all, it is the Network Operators who are 
the accusers -- not the media mafia.

> Each member state creates its own law, according to the directive. In
> Portugal, you have to retain the data for one year.
>
> Best Regards,
> Luís Marta.

--- Keith Medcalf
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