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Congress Takes Aim At Log Data

Retaining log data is one area that is getting significant attention as of late as cybercrime continues to be a key focal point for law enforcement authorities. Colorado Congresswoman Diana DeGette believes that no clear guidelines are in place to either protect privacy or secure onine users, and late last week said she will be introducing legislation to force Internet providers to retain customer data for at least one year.

Plenty of recommendations are out there - for instance, Basel requires data retention from 3-7 years, PCI recommends a minimum of one year of data retention. And equally important is how the data is stored and managed. For example, is the data secure in transport and at rest? Is it an immutable set of data or processed data and how do you handle disposal?

What would legislation look like? DeGette suggests that:

One form could require Internet providers and perhaps social networking sites and search engines to record for a year or two which IP address is used by which user. The other form would be far broader, requiring companies to record data such as the identities of e-mail correspondents, logs of who sent and received instant messages (but not the content of those communications), and the addresses of Web pages visited.

DeGette said Thursday that her proposal would not require retention of the communications themselves, but would identify data so that law enforcement officials--if they had probable cause to believe a crime has been committed--could go in and get a subpoena and subpoena these IP addresses.

Regardless of how legislation aims to deal with the issue of cybercrime, one trend that we are seeing at LogLogic is individual sites proactively alerting patrons of their policies regarding log data. PopSugar, a red-hot celebrity gossip site based in San Francisco, has a posted privacy policy that calls out log files in great detail. PopSugar alerts patrons of their site that they use log data "to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. These log files are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement."

Whether it is for legal reasons, to track down the bad guy, or just to gather marketing data on viewers, log data a systematic and managed approach to collecting log data is critical.


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Posted September 25, 2006 in Compliance , LogMatters | Permalink


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