EU Laws

In March 2006, the European Commission passed the European Data Retention Directive. This directive legally requires all Internet and telephone service providers in the EU to retain records of communication data for up to 2 years. While communication service providers are _not_ allowed to retain records of the _content_ of communications, virtually all other data about the communications is required to be collected and stored, to be turned over to the authorities upon request. The data required to be collected, at each instance of communication, is as follows:

For telephone communications (both mobile and stationary):

The telephone number, name, and address of registered user(s) of both call or sms initiator and call or sms recipient.
The date, start time, and end time of the communication.
Data identifying the type of communication service used (eg. phone call, sms, video message).
The geographical location of both parties in the entire duration of the communication.
Data identifying user's communication equipment

For Internet communications (including Internet access, e-mail, and Internet telephony):

The userID (unique ISP provided ID), telephone number (if dial-up), name and address of registered user of both the internet communication initiator and recipient.
The date and time of log-in and log-off to Internet access service, IP address, whether dynamic or static, user ID, date and time of the log-in and log-off of e-mail or VoIP service of both parties.
Data identifying the type of communication service used (eg. site access, Sype, AIM).
The phone number for dial-up access; the digital subscriber line (DSL) or other end point of the originator of the communication.

Problems

Disparities between digital privacy laws of the European Union and those of the United States.

'CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION'

Article 7 Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications.

Article 8 Protection of personal data 1. Everyone has the right to the protection of personal data concerning him or her. 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. 3. Compliance with these rules shall be subject to control by an independent authority.[1] [2]

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [3]

Regulation 45/2001 [4]

U.S. Laws

   * United States Code
         o TITLE 17 - COPYRIGHTS
               + CHAPTER 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

Section 1205. Savings clause

     Nothing in this chapter abrogates, diminishes, or weakens the
   provisions of, nor provides any defense or element of mitigation in
   a criminal prosecution or civil action under, any Federal or State
   law that prevents the violation of the privacy of an individual in
   connection with the individual's use of the Internet. [5]