[Gllug] New EU data retention rules approved

[Jason Clifford]

On Wed, 14 Dec 2005, t.clarke wrote:

> As far as the internet is concerned, I cannot see how ISPs can retain details
> of email traffic without going to huge expense.

The expense of retaining the data isn't that great unless you are a very 
large ISP. There is a possible benefit to this as the ISP will now have to 
keep records suitable for tracking spammers which many do not bother 
doing.

The real problem however arises from the ISP having a duting to provide 
access. This will require DPA compliance and will cost the ISP quite a 
significant amount. The legislation hasn't been brought forward for this 
yet however you can be fairly sure nobody will make provision for 
compensating for this :(

> SMTP traffic cannot, surely be 'proxied' ?

Yes it can and fairly easily too - Wanadoo are known for doing this.

It does cause problems which result in enforced smart host policies.

As you've correctly pointed out bypassing such a system is trivial and 
impossible to prevent. 

The counter to this from the ISP perspective is that we can only be 
required to do what is reasonable to comply. Seeking to track all IP 
packets, decrypt, etc would not be reasonable and would be in itself a 
breach of several laws.

> And how on earth is retaining data on unanswered mobile-phone calls going to
> catch terrorists who use them to detonate bombs?  All they need to do is
> use a public call box or a stolen mobile to make the call !  And I guess most
> pay-as-yu-go mobiles are effectively untraceable also?

Only if you are very careful in using it. And don't forget that the store 
you bought it from probably has your image on cctv footage.

Retaining call logs isn't really an issue. They are already retained for 
billing purposes. Again the issue is access provision and the costs 
associated therewith.

Jason
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