◆ SpookStack

covered; 2) the scope of information and records covered, and; 3) the duration of retention of information and records.”” The critical role that communications records play in the Departments’ most important investigations and the serious consequences for public safety and national security which result from the unavailability of such records cannot be understated. The Attorney General recently underscored this pomt when he noted that the investigation and prosecution of child predators depends critically on the availability of evidence that is often in the hands of Internet service providers. He observed that this evidence will Be available to law enforcement only if the providers retain the records for a reasonable amount of time. Consequently, the Attorney General asked experts at the Department of Justice to examine how the failure of some Internet service providers to keep such records has hampered the Department’s efforts 1o investigate and prosecute child predators?! In recognition of the importance of this issue, the Departments each will be evaluating how the availability of different categories of data held by different types of modern communications carriers impacts the Departments’ respective missions. In addition, the Attorney General has pledged to reach out personally to leading service providers and other industry leaders to solicit their input and assistance. As these efforts develop, the Departments expect to have further views on how long data should be held, what data should be retained, and which carriers should have such obligations. 6 It should be noted that whereas the Commission has limited the retention period for toll records to 18 months, the statute of limitations for many tederal felony crimes is five years, during which time law enforcement needs for relevant evidence continue. The Commission should explore, with further mput from law enforcement, the degree to which the existing 18-month rule should be extended. 3 See Prepared Remarks of Attorney General Alberto R. Gonzales at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, on April 20, 2006, available at http://www.usdoj.gov/ap/speeches/2006/ag_speech_060420.htnl.