How are people busted for Internet Activity when ISPs are not required to retain data?

Question

**In the United States**
In the article listed below, it talks about how law enforcement is pushing for laws ordering ISP's (Internet Service Providers,) to retain data .....if they don't already, how are people caught??

I'd rather not talk about felonies (like CP), I'm more inquiring about more minor, misdemeanor cases of harassment caused by someone's contact info being placed online as a result of a feud...yes, this has happened and yes these cases have led to arrests and prosecution. How?

Answer 1

In most of those cases, I'd guess that the ISP's in question *did* keep track of the goings-on on their network. It would be to their advantage to do so.



Just because the government doesn't require them to keep track of users doesn't mean that they don't already.

Answer 2

"DOJ Seeks Mandatory Data Retention Requirements for ISPs" - I don't why this is news to Computerworld. It's already far too late for that, it's already case law.



ISPs should already know this and the fines they are going to get if they don't keep those logs.



Information is recorded, however briefly, in RAM and should be kept. In 2007, TorrentSpy was sued by the MPAA and the court ordered them to turn over the server logs. TorrentSpy said they didn't keep them, the court said they were already in RAM and they should have - effectively accusing them of destroying evidence and they were fined $110 million.



F100 Bank: Failed to furnish records – much of which was log data, resulting in $10m civil penalty



J. P. Morgan Securities, Inc. – failure to have adequate email preservation systems or procedures resulted in a $2,100,000 settlement and consent to establish procedures



Prudential Ins. Co. Sales Practices Litig. $1,000,000 fine by the court was imposed for document destruction



All from http://www.slideshare.net/loglogic/logs-the-law-what-is-admissible-in-court



The idea being the information was already in computer RAM and should have been kept. The last one (Prudential) is interesting as by not keeping a record of what was in RAM then that could count as document destruction - but I think their case was more to do with actually deleting documents.



Here's a case involving a music sharing site - http://www.mcbride-law.com/2009/12/22/production-of-internet-server-log-files/



The judge found against the site because



a) RAM is fixed for a short duration and the log files should have been kept.



b) Even though the actual servers were not owned by the people doing the file sharing they should have kept the logs in a).



c) Because of a) it required no extra effort to produce the log files as they were already in RAM and technically already in their possession.



d) Even though the servers were in the Netherlands the defendants (in the US) had control of those logs and should have produced them.



All of which may have some serious consequencess for the users of Limewire, maybe Bearshare and Frostwire as well if they end up in court as well, as those server logs contain the IPs of everyone who used them and the RIAA may well come after the major downloaders of those files.



Laws like SOPA won't get passed because it is too wide ranging but ISPs and the content providers have had pretty much a free rein over the last 15 years and can't or won't police themselves so now the government is going to force them to. It's nothing new, the pharmaceutical companies didn't either now they've got the FDA. Banks couldn't now they've got the SEC and about another zillion bodies watching what they do.

Answer 3

Harassment is an ongoing offense. In this variety of case, a court docket can get an order for on-line pastime, or maybe if an ISP would not robotically collect such tips, that they'd ought to on a going-ahead foundation for that shopper, a minimum of, to regulate to the warrant or subpoena.

Answer 4

Think about it. Someone had to put the info online. Their information (IP address) was stored along with the message. IPs can be traced back to their source. ISPs keep log files, which is not the same as retaining data.



And then there is Narus.