Gonzales and Mueller asked Google Inc., Time Warner Inc.’s AOL and other companies to preserve the data at a May 26 meeting, citing their value to investigations into child-pornography distribution and terrorism. Internet companies typically keep customer histories for only a few days or weeks.
The Justice Department said Thursday that it was not seeking to have e-mail content archived, just information about the websites people visit and those with whom they correspond.
Beyond law enforcement, though, the trove also could be available to lawyers arguing civil lawsuits — including divorce cases and suits against people suspected of swapping copyrighted movie and music files online. Privacy advocates fear the user histories could be exploited by criminal investigators conducting inappropriate exploration or pursuing minor cases.
“This is not simply limited to kiddie porn or terrorism. It’s a real break with precedent,” said Marc Rotenberg, executive director of the nonprofit Electronic Privacy Information Center. “Data retention is open-ended. The government is saying, ‘Keep everything about everyone and we’ll sort it out later.’ ”