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The World According to US Dept of Justice
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When asked whether it would be sufficient for law enforcement to have unfettered access, the answer was "no." Access has to be publicly available... He said that law enforcement alone can't do the job and they need the assistance of private parties to go after the civil aspects. Well, I don't see the emergency nature of civil actions and if there is a need for civil action there are legal avenues to pursue.
If the action is criminal, then law enforcement would have even more access than they have now with the public WHOIS from any computer. All they would need is their digital credentials for that access. His arguments simply do not hold water.
I can't for the life of me figure out the reasoning behind this guy's unequivocal "no" unless he just doesn't "get it."
Why is it that special interests always seem to trump individual rights? Did we somehow lose the Constitution?
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The way I interpreted his statement (and I heard it clearly because I was sitting next to him when he said it) was that he prefers publicly available information because that lets him avoid doing the work to obtain a subpoena or warrant.
To my mind that was simply saying that he finds due process and constitutional limitations to be a nuisance, particularly when he jumped to the conclusion that the person he is investigating is necessarily a criminal.
Another point that he said, and one that I believe has an element of merit, is that the processes for dealing with internet bad people in an international setting are slow and uncertain. My response is that he should work on improving international cooperation between law enforcement agencies rather than destroy personal privacy and constitutional protections.
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