North American Network Operators Group

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Re: Requirement to store email for 90 days.

  • From: Andy Dills
  • Date: Mon Jul 22 12:55:49 2002

On Mon, 22 Jul 2002, John Fraizer wrote:

>
>
> http://www.theregister.co.uk/content/55/26217.html
>
> "Service providers are also required to keep customer records, including
> emails, for 90 days, under the bill."  "The bill has to go to Senate,
> where it is expected to receive little opposition, before becoming law."
>
> Talk to your senators folks.  See if they're going to pay for the disk
> arrays required to store 90 days worth of SPAM for each and every one of
> your customers.
>
> I suggest that congress get the spammers under control prior to enacting
> legislation that requires us to archive all email for 90 days.

Well...it's not quite like that. Here's the text:

(URL posting doesn't work with their cgi. Go to http://thomas.loc.gov/ and
search for bill number H.R. 3482, and pull up section 102 (b))

---
REPORTING OF DISCLOSURES
A government entity that receives a disclosure under this section shall
file, no later than 90 days after such disclosure, a report to the
Attorney General stating the subparagraph under which the disclosure was
made, the date of the disclosure, the entity to which the disclosure was
made, the number of customers or subscribers to whom the information
disclosed pertained, and the number of communications, if any, that were
disclosed. The Attorney General shall publish all such reports into a
single report to be submitted to Congress one year after enactment of the
bill.
---

That's the only place in the bill that mentions 90 days. However, it
appears to me that they are referring to the period of time a government
agency has to report to the Attorney General regarding the information
that was disclosed.

I'd love for somebody to point out the text indicating anybody is forced
to archive anything. As best I can tell, and I'm the farthest thing from a
lawyer, is that this bill doesn't mention anything about forcing anybody
to archive anything. This has been debated for a couple of months now, and
I'm not entirely convinced anybody knows the truth. As far as I can tell,
the situations in which they can ask for your records is broadened, but
that doesn't require you to keep records...

I'd love for somebody to point out what I'm missing...

Andy

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