◆ SpookStack

requirement and extended the toll record retention period to 18 months. © Th granting DOJ’s request, the Commission specifically recognized that an extension of the retention period was warranted in order to “support successful investigations and prosecutions . . . 2) Ih extending the retention period, the Commission ~ with DOI’s input - refined and narrowed the specific information that law enforcement stated it would need to support its investigative efforts at that time.” In addition to the Commission's own prior acknowledgment of the difficulties a destruction requirement presents, recent experience in other countries further highlights the problems created by such requirements. The establishment of a data destruction regime in the European Union (“EU”) a number of years ago has been found to be incompatible with protection of public safety and national security. In response, the EU recently adopted a Directive - binding on all of its member countries — that will have the effect of mandating ail “providers of publicly available communications services” to * See Jn the Matter of Revision of Part 42, Preservation of Records of Communication Common Carriers, Report and Order, 1986 WL 290829, 60 Rad. Reg. 2d (P&F) 1529 Ff 4, 23-27, 38, 41-42 (1986) (“Part 42 Order”). DOJ’s request was supported by the Advisory Committee for United States Attorneys, the FBI, the Bureau of Alcohol, Tobacco and Firearms, the U.S. Postal Service, and the Immigration and Naturalization Service. See Part 42 NPRM 918. 21 See Part 42 Order 441. See Part 42 Order § 43. The specific information that DOJ indicated law enforcement would need at that time includes the name, address, and telephone number of the caller; telephone number called; the date, time, and length of the call; and automatic message accounting tapes. fd The list of law enforcement-required information was incorporated into Section 42.6 of the Commisston’s rules and remains listed therein today. See 47 C.F.R. § 42.6 (2006). 22