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>From the New Paradigms Project [Not Necessarily Endorsed]:
Conspiracy Shopping Cart: http://a-albionic.com/shopping.htmlFrom: Bard 
<[EMAIL PROTECTED]>
To: Bard <[EMAIL PROTECTED]>
Subject: rapist favors computer snooping
Date: Tuesday, February 08, 2000 2:14 AM

Clinton Favors Computer Snooping
by Declan McCullagh
6:00 p.m. 19.Jan.2000 PST
WASHINGTON -- Visions of stealthy black helicopters landing on your lawn
and disgorging Nomex-clad troops to steal your PGP keys aren't just for
conspiracy theorists.

The Clinton administration wants to be able to send federal agents armed
with search warrants into homes to copy encryption keys
http://webopedia.internet.com//Data/Encryption/encryption.html
and implant secret back doors onto computers.


"When criminals like drug dealers and terrorists use encryption to
conceal their communications, law enforcement must be able to respond in
a manner that will not thwart an investigation or tip off a suspect,"
Attorney General Janet Reno
http://www.washingtonpost.com/wp-srv/politics/govt/admin/reno.htm
and Deputy Defense Secretary John Hamre wrote in a seven-page letter to
Congress.

The idea first surfaced in mid-1999, when the Justice Department
proposed legislation
http://www.cdt.org/crypto/CESA/draftCESAbill.shtml#secret
that allowed them to obtain surreptitious warrants and "postpone"
notifying the person whose property they entered for 30 days.

The Justice Department's thinking was that if a suspect was using
data-scrambling encryption products, the FBI's G-men might need to enter
the suspect's home and install software to tap into and decipher
scrambled communications.

After vocal objections http://www.cdt.org/publications/pp_5.19.html
 from civil liberties groups, the administration backed away from the
controversial plan. The final draft of the Cyberspace Electronic
Security Act (CESA) http://www.cdt.org/crypto/CESA/CESArevised.shtml
submitted to Congress had removed the secret-search portions.

But the White House now appears to think it doesn't need new legislation
to enter a suspect's computer.

The letter from Reno and Hamre to House Majority Leader Dick Armey says
that, in the future, the Feds will use "general authorities" when asking
judges to authorize so-called black bag jobs. Commerce Secretary William
Daley also signed the letter.

They say that law enforcement should have the ability to "search for
keys" without immediately notifying a suspect.

According to legal experts, all current search warrants -- with the
exception of the related category of wiretaps -- require police to
inform the person his property was entered.

Privacy groups say Americans should be alarmed.

"It sounds like they're returning to the provision in CESA that they
backed away from," says Barry Steinhardt, associate director of the
American Civil Liberties Union.

"The basic principle is that people who are the subject of searches
should have notice and the opportunity to challenge the search. This is
particularly dangerous since it will be difficult to guarantee that
evidence hasn't been tampered with," said Steinhardt. "What they are
proposing to do is alter computer files. It's quite a chilling
proposal."

"What they're saying is that they want to eliminate that Fourth
Amendment requirement or limit it so much to make it meaningless," said
Dave Banisar, co-author of the Electronic Privacy Papers. The Fourth
Amendment prohibits the government from conducting "unreasonable"
searches and seizures.

The Clinton administration cabinet officials wrote the letter this month
in their latest exchange
http://www.wired.com/news/politics/0,1283,31588,00.html
 with Majority Leader Armey. Although dated 7 January, Armey's office
said they received it on Wednesday.

In Armey's letter
http://freedom.house.gov/library/technology/reno2letter.asp
to Reno on 27 September, the Texas Republican wrote: "Questions remain
about the Administration's commitment to personal privacy.... While I
understand that this [secret search] provision has been dropped from the
most recent draft, the fact that it was ever proposed at all raises
concerns in Congress."

In its reply, the administration wrote, "You specifically ask whether
law enforcement has the authority to search for keys without notifying
the subject. Although some courts have permitted the government to
conduct a search, in analogous circumstances, without notifying the
target at the time of the search, these same courts have held, and we
agree, that in a criminal investigation the government must ultimately
provide meaningful notice to the target of the search."

The letter further urges Congress to pass CESA and defends Fidnet,
http://www.wired.com/news/politics/0,1283,31588,00.html
a plan to monitor online intrusions into federal computers.

"Fidnet is entirely aimed at improving the security of government
computer systems.... We strongly support its development. Federal
computer networks are a favorite target of computer hackers," they say.

Last summer reports
http://www.wired.com/news/news/politics/story/20994.html
 said that the system would monitor not just federal computers, but
other Internet traffic -- a claim that the FBI assistant general counsel
denied as recently as during a panel discussion last week.

http://www.wired.com/news/business/0,1367,33779,00.html

Bard

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