Phase III – Stealth Is.

If logs of Web sites visited began to be kept, they would be available only to local, state, and federal police with legal authorization such as a subpoena or search warrant.

“The question at least for the bureau has been about non-content transactional data to be preserved: transmission records, non-content records…addressing, routing, signaling of the communication,” Motta said. Director Mueller recognizes, he added “there’s going to be a balance of what industry can bear…He recommends origin and destination information for non-content data.”

“We’re not set up to keep URL information anywhere in the network,” said Drew Arena, Verizon’s vice president and associate general counsel for law enforcement compliance.

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And, Arena added, “if you were do to deep packet inspection to see all the URLs, you would arguably violate the Wiretap Act.”

Another industry representative with knowledge of how Internet service providers work was unaware of any company keeping logs of what Web sites its customers visit.

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The technical challenges also may be formidable. John Seiver, an attorney at Davis Wright Tremaine who represents cable providers, said one of his clients had experience with a law enforcement request that required the logging of outbound URLs.

“Eighteen million hits an hour would have to have been logged,” a staggering amount of data to sort through, Seiver said. The purpose of the FBI’s request was to identify visitors to two URLs, “to try to find out…who’s going to them.

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