U.S. Attorney General Alberto Gonzalez has further stepped up his efforts for Internet service providers to save customer records after telling a Senate panel that Congress should be required to save customer records so they can be used to fight child pornography – the records could possibly be saved up to two years. Gonzalez has been meeting with ISPs to try and convince them that data retention is critical in the battle against child porn. Most ISPs claim that they discard customer logs after a period that ranges from several days up to a year.

Gonzales has acknowledged that company executives have serious concerns that the legislation could be intrusive and encroach on privacy rights. But the apparent growing threat of child pornography may temporarily trump customers' rights.

Critics of data retention legislation point out that it is costly, invasive, and detrimental to consumers. When the EU's data retention directive passed last year, we expressed concerns that civil rights could be "put on the endangered species list," particularly if the entertainment industry decides to take advantage. Recent fiascos like AOL's search query disclosure slip-up reveal the ease with which sensitive consumer information can find its way into the hands of the public and generally imply a need for less retention rather than more.

Along with helping the FBI and other government agencies fight child pornography, the extended data retention would help with terror investigations, according to government officials.