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From: "Alex Constantine" <[EMAIL PROTECTED]>
To: "Kris" <[EMAIL PROTECTED]>
Cc: "Lloyd" <[EMAIL PROTECTED]>
Subject: FBI's Carnivore to be Evaluated
Date: Sunday, August 13, 2000 6:31 PM

San Diego Union
Reno outlines plan to evaluate FBI's e-mail surveillance system

By Michael J. Sniffen
ASSOCIATED PRESS
August 10, 2000
WASHINGTON -- The Justice Department plans to hire a major university to
analyze the FBI's "Carnivore" e-mail surveillance system, but civil
libertarians said such a review can't answer all the questions about the
system.
"The university review team will have total access to any information they
need to conduct their review," Attorney General Janet Reno told her weekly
news conference Thursday.
The report will be made public, and a team of department officials will ask
privacy and law enforcement experts to comment before making final
recommendations to Reno about the system that has caused an uproar among
civil libertarians and in Congress.
"I would hope we could do it quickly," Reno said.
Assistant Attorney General Steve Colgate, a career official who will chair
the department review committee, said Reno might be able to choose a
university in 10 days. The department panel will analyze public comment on
the university's recommendations and forward a final report to Reno by Dec.
1.
"This is not a truly independent review," said Barry Steinhardt, associate
director of the American Civil Liberties Union. "The fox doesn't get to
choose who guards the henhouse."
David L. Sobel, general counsel of the Electronic Privacy Information
Center, said he doubted such a review could satisfy concerns that the system
might be abused. "The technical community believes widespread testing is the
only way to fully understand the capabilities and vulnerabilities of a
system," he said.
Sobel and Steinhardt said outsiders, like judges and Congress, should decide
whether Carnivore complies with the Constitution's Fourth Amendment ban on
unreasonable searches.
Their groups have filed Freedom of Information lawsuits to obtain records of
the system, including its computer source code. A judge gave the FBI until
Wednesday to provide a timetable for turning over documents.
The Carnivore system has software that scans and captures "packets," the
standard unit of Internet traffic, as they travel through an internet
service provider's network. The FBI installs a Carnivore unit at a
provider's network station and configures it to capture only e-mail to or
from someone under investigation.
FBI officials say court orders limit which e-mails they can see.
But privacy advocates say only the FBI knows what Carnivore can do, and
Internet providers are not allowed access to the system. They ask why the
FBI retains remote control of Carnivore equipment and doesn't just give it
to Internet providers so they can comply with court orders.
Last month, FBI officials told Congress that Carnivore has been used 25
times, including 10 national security and six domestic criminal cases this
year. None of the cases has gone to trial, so the FBI has not disclosed
details. Colgate said the system is still in operation and criminal division
attorneys monitor its use.
"It seems backward to still be using it, while arranging to answer the
questions about it," Sobel said.
Describing the review, Colgate said Thursday, "As much as possible will be
made public, and we will get as much input from outside as possible."
Reno and Colgate said the FBI, state and local law enforcers and privacy and
civil liberties groups will be consulted on the choice of a university, the
scope of its review and for reactions to any recommendations.
The university team will have complete access to all hardware and software
involved, including the computer source code for Carnivore, Colgate said.
The source code, however, is likely to be withheld from the public because
it is a trade secret of the company that produced the software, which has
been modified by the FBI, Colgate said.
Steinhardt and Sobel said the source code should be released to enable
widespread examination of its capabilities.
The department's chief science officer, Donald Prosnitz, a physicist from
the Lawrence Livermore National Laboratory, has contacted three major
universities and will probably contact six more before recommending one to
Reno, Colgate said.
Among those Prosnitz will contact is the University of California at San
Diego, which Colgate said had preliminary talks with the FBI before Reno
expanded the review to include officials outside the FBI.
Colgate's review panel will include Prosnitz; FBI Assistant Director Donald
Kerr, a nuclear physicist who heads the FBI laboratory; Ed Dumont, the
department's chief privacy officer; and a criminal division representative.


� Copyright 2000 Union-Tribune Publishing Co.




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