angrymnk wrote:
So, apparently, not really a sopa2.0, but similarly ******* in scope.
Well played, corps; well played.
I'm not sure if I'm reading the wrong sections, or what, but I don't see how this is in any way related to SOPA or corporations. The discussions I've seen all speak about section 309 which is titled: PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED COMMUNICATIONS. This looks more like a modification of FISA than anything else. And it really looks more like it formalizes rules that are already in place. It does not authorize any new spying/eavesdropping/hacking/whatever. It just codifies what must be done with incidental information obtained as part of such activities. Specifically, that it must be destroyed after 5 years unless it meets some set of criteria.
There are a couple troubling bits with the exception cases, like the condition that the "communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency", but I'm not sure that this law actually grants the power to do that versus simply allowing the exception with regards to data destruction in the event that said condition does exist. It's kinda the same as a bill saying "In a time of war, this rule we just wrote doesn't apply", isn't the same as declaring a state of war. It's just saying that if the condition exists, then the data can be retained.
I'd rather we be more focused on the legality of actually obtaining communications between US persons than quibbling over how long we can keep copies of it after the fact. But that's just me.