There's really no reason why any service providers should save this stuff in the first place, and it isn't hard to fix with legislation. Just make it illegal to even keep.
[1] https://curia.europa.eu/juris/document/document.jsf?text=&do...
There's really no reason why any service providers should save this stuff in the first place, and it isn't hard to fix with legislation. Just make it illegal to even keep.
[1] https://curia.europa.eu/juris/document/document.jsf?text=&do...
On the contrary, many European countries have mandatory data retention periods that meet or exceed the 6 months of records that were supposedly included in this breech.
Germany has one of the shorter retention periods at 10 weeks, but they still have to keep those records.
Saying that it would be illegal to collect these records in Europe is patently false, and furthermore the record collection is generally mandated for a period of time that depends on the country.
> There's really no reason why any service providers should save this stuff in the first place,
Billing. You need phone records for billing purposes. You need to keep them for a while longer because people will dispute their bills all the time.
No they don't, because it's "suspended" by the federal network agency until courts are through with it. In fact they suspended it three days before the law would've come into force and thus it never was. The current state of affairs is this: the retention was ruled incompatible with German and European law in an injunction and it does not look like that is about to change.
There's a similar picture in many EU countries: There's a law on the books, but it can't be enforced/is being challenged/was already invalidated/is being rewritten/repeat.
Also note that to courts location data/phone records is a different issue than retaining information that merely associates an IP address with the subscriber that used it at some time (knowing which subscriber has what phone number is not an issue either, after all). The latter was ruled to be unproblematic by the ECJ just this year, while for the former the latest ruling is what I outlined earlier.
Besides Germany, some other countries that had data retention laws that were ruled unconstitutional are: Belgium, Bulgaria, Czech Republic, Cyprus, Romania, Slovenia, Slovakia.
In many other places that currently do have mandatory retention in force, it is being challenged.
> Saying that it would be illegal to collect these records in Europe is patently false
It is illegal to mandate in such a manner. There's a difference.
> Billing. You need phone records for billing purposes. You need to keep them for a while longer because people will dispute their bills all the time.
You must've not read the part where I said "beyond what is necessary to operate". Telekom for instance is doing just fine deleting phone records after 80 days - or within 7 days if you use a flat-rate and they're not relevant to billing.
There are many reasons! Most of them are simply contrary to how folks think business should operate. Unfortunately the US seems to value "disruption" over "customer protection", so legally protecting data is unpopular on the hill.
Some service providers in Europe don't even want to save any data. The linked judgement above was the German state suing Telekom, which didn't want to save that data, and losing. Given the state of affairs, the question of "illegal or not" doesn't really come up as much. At least I'm not aware of any high profile judgements.
Besides Telekom, which always tried to minimize they data they keep to the point of fighting it all the way to Europe's highest courts, most other telcos don't really care and pick whichever middle-ground is available between "must" and "must not". Whatever is least-likely to get them into trouble. Right now that just happens to mean "save little".
* It's not stated explicitly in article 2, but the German constitutional court decided that it follows from those personal rights: https://en.wikipedia.org/wiki/Informational_self-determinati...
The court case I linked is evidence of that. The German state wanted Telekom to save more data, but the telco refused and won in court.
<https://www.ecfr.gov/current/title-15/subtitle-A/part-4a?toc...>
https://en.m.wikipedia.org/wiki/Fourth_Amendment_to_the_Unit...
In either regard, unambiguous comments are preferable to ambiguous ones.
The principle function of speech or writing is to accurately convey one's own state of mind to others.
(edited for grammar)
Whereas if they can get the telcos to keep it then the cops can get it using the third party doctrine. This is basically an end run around the constitution, which is why they like it.
The NSA’s power is in being boring and unnoticed. This could be a revenue rider.
Just saying.
<https://abcnews.go.com/blogs/headlines/2014/05/ex-nsa-chief-...>
As Bruce Schneier has noted, metadata equals surveillance, as it's actually far more amenable to analysis and inference than whole-text or audio capture. Though that latter may have shifted significantly with the rise of LLM AI techniques.
<https://www.schneier.com/blog/archives/2014/03/metadata_surv...>
The USPS takes images of most or all postal mail as part of its delivery and postal sorting/routing processes. Those covers are retained for a limited period of time, and actually have, so far as I understand, significant privacy protections associated with them, of the sort notably absent in most electronic communications.
See:
Mail Cover (Wikipedia):
Mail cover is a law enforcement investigative technique in which the United States Postal Service, acting at the request of a law enforcement agency, records information from the outside of letters and parcels before they are delivered and then sends the information to the agency that requested it.[1] The Postal Service grants mail cover surveillance requests for about 30 days and may extend them for up to 120 days.
<https://en.wikipedia.org/wiki/Mail_cover>
MICT: Mail Isolation Control and Tracking (Wikipedia):
[A]n imaging system employed by the United States Postal Service (USPS) that takes photographs of the exterior of every piece of mail that is processed in the United States.[1] The Postmaster General has stated that the system is primarily used for mail sorting,[2] though it also enables the USPS to retroactively track mail correspondence at the request of law enforcement.[2] It was created in the aftermath of the 2001 anthrax attacks that killed five people..
<https://en.wikipedia.org/wiki/Mail_Isolation_Control_and_Tra...>
39 CFR § 233.3 - Mail covers. <https://www.law.cornell.edu/cfr/text/39/233.3>
(I was ... vaguely aware of this.)