Congressman Sensenbrenner: “I have long opposed data retention and do not believe that any ECPA reform package should include such a mandate. Data ‘retention’ requires a provider to retain information about the Internet use of all of its customers. A data retention mandate raises privacy concerns because it affects all users, not just bad actors.
“By contrast, I support a far more targeted approach, data preservation, which is already found in current law. The law requires providers to preserve data about the Internet use of a particular subscriber when law enforcement has evidence of wrongdoing. Current law allows for a retention period of 90 days, renewable for an additional 90-days. At today’s hearing, I was inquiring as to whether extending this 180 preservation requirement would be useful to law enforcement. I still believe that the more cumbersome proposals for data retention belong ‘in the dustbin of history.’”