FBI E-Mail Snooping Device Attacked

http://futurezone.orf.at/futurezone.orf?read=detail&id=35107
http://dailynews.yahoo.com/h/ap/20000711/pl/fbi_snooping_1.html

By D. Ian Hopper
Associated Press Writer
Wednesday, July 12, 2000; 8:12 a.m. EDT

WASHINGTON -- Civil liberties and privacy groups are railing
against a new system designed to allow law enforcement agents to
intercept and analyze huge amounts of e-mail in connection with
an investigation.

The system, called "Carnivore," was first hinted at on April 6 in
testimony to a House subcommittee. Now the FBI has it in use.

When Carnivore is placed at an Internet service provider, it
scans all incoming and outgoing e-mails for messages associated
with the target of a criminal probe.

In a letter addressed to two members of the House subcommittee
that deals with Fourth Amendment search-and-seizure issues, the
American Civil Liberties Union argued that the system breaches
the Internet provider's rights and the rights of all its
customers by reading both sender and recipient addresses, as well
as subject lines of e-mails, to decide whether to make a copy of
the entire message.

Further, while the system is plugged into the Internet provider's
systems, it is controlled solely by the law enforcement agency.
In a traditional wiretap, the tap is physically placed and
maintained by the telephone company.

"Carnivore is roughly equivalent to a wiretap capable of
accessing the contents of the conversations of all of the phone
company's customers, with the 'assurance' that the FBI will
record only conversations of the specified target," read the
letter. "This 'trust us, we are the government' approach is the
antithesis of the procedures required under our wiretapping
laws."

Barry Steinhardt, associate director of the ACLU, said citizens
shouldn't trust that such a sweeping data-tap will only be used
against criminal suspects. And even then, he said, the data mined
by Carnivore, particularly subject lines, are already intrusive.

"Law enforcement should be prohibited from installing any device
that allows them to intercept communications from persons other
than the target," Steinhardt said in an interview. "When
conducting these kinds of investigations, the information should
be restricted to only addressing information."

A spokeswoman for Rep. Charles T. Canady, R-Fla., who heads the
House Judiciary subcommittee on the Constitution, said the
congressman had no comment on the letter.

In testimony to Canady's subcommittee, Robert Corn-Revere, a
lawyer at the Hogan & Hartson law firm in Washington, said he
represented an Internet provider that refused to install the
Carnivore system. The provider was placed in an "awkward
position," Corn-Revere said, because the company feared suits
from customers unhappy with the government looking into all the
e-mail.

"It was acknowledged (by the government) that Carnivore would
enable remote access to the ISP's network and would be under the
exclusive control of government agents," Corn-Revere said.

Corn-Revere told the committee that current law is insufficient
to deal with Carnivore's potential and that the Internet provider
lost its court battle in part because of the Internet's
connection to telephone lines, and that the law was stretched to
cover the Internet as well.

Corn-Revere would not reveal the name of his client, and the
client lost the case. He said the FBI has been using Carnivore
since early this year.

James X. Dempsey, senior staff counsel at the Center for
Democracy and Technology, said the main problem with Carnivore is
its mystery.

"The FBI is placing a black box inside the computer network of an
ISP," Dempsey said. "Not even the ISP knows exactly what that
gizmo is doing."

But Dempsey said Internet providers contributed to the problem,
by saying that current technology does not allow the Internet
provider to sort out exactly what the government is entitled to
get under a search warrant. The carriers complained that they had
to give everything to the FBI.

"The service providers said they didn't know how to comply with
court orders," Dempsey said. "By taking that position, they have
hurt themselves, putting themselves into a box."

Marcus Thomas, who heads the FBI's cybertechnology section, told
the Wall Street Journal that the bureau has about 20 Carnivore
systems, which are PCs with proprietary software. He said
Carnivore meets current wiretapping laws, but is designed to keep
up with the Internet.

"This is just a specialized sniffer," Thomas told the Journal,
which first reported details about Carnivore.

Encrypted e-mail, done with an e-mail encoding program like PGP,
still stays in code on Carnivore, and it's up to agents to decode
it.

Dempsey has a possible solution to the problem, though one that's
probably unlikely - show everyone what it does and how it does
it, allowing Internet providers to install the software
themselves.

"The FBI should make this gizmo an open-source product," he said.
"Then the secret is gone."


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