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>From the New Paradigms Project [Not Necessarily Endorsed]:

From: "Paul Wolf" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject: Critics attack FBI e-mail snooping device
Date: Wednesday, July 12, 2000 9:03 PM



http://www.cnn.com/2000/LAW/07/12/fbisnooping.ap/index.html


Critics attack FBI e-mail snooping device

July 12, 2000


WASHINGTON (AP) -- 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-Florida, 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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