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Nice Kitty


Big Schools Nix Carnivore Evaulation


US wants rubber stamp: Carnivore Good!

Five groups of researchers have bowed out of the competition to evaluate the
so-called Carnivore Internet surveillance system. And that likely will dash
Justice Department hopes that a major university would validate its
controversial eavesdropping device, participants said Tuesday.
Attorney General Janet Reno seemed confident Aug. 10 that one of several
then-unnamed schools would take up the challenge of verifying that Carnivore,
when properly used, would not violate the civil rights of individuals subject
to its workings.

But rules for the review published Aug. 24 have encountered stiff opposition
from researchers approached for the job by the Justice Department. The
Department, they say now, is effectively asking for a meaningless examination
of a device whose potential for abuse may well outstrip its usefulness.

"This is not a request for an independent report," says Jeffrey Schiller, a
computer network manager at the Massachusetts Institute of Technology who was
asked to work on the review. "They want a rubber stamp."

"I don't know of any university interested in this review," says Thomas
Perrine, a computer researcher at the San Diego Supercomputing Center at the
University of California at San Diego. "If there are any others out there we
haven't been able to find them."

Assistant Attorney General Stephen Colgate said the Justice Department was
taking a wait-and-see approach.

"The deadline is 5 p.m. (Wednesday)," he said. "You don't know until you see
what kind of response you get." In any case, he said, federal law forbids him
from talking about bidders until proposals are in.

The controversy surrounding the Carnivore audit springs from several issues.
Among other things, the Justice Department says:

Universities and any other contractors must agree not to publish anything the
government deems sensitive.

Researchers may examine only those matters the government wants examined.

Teams must agree to clear all personnel working on the evaluation with the
government.

Would-be evaluators complain those restrictions are excessive, but Colgate
says they have to be there.

"What I don't want to see is a road map of the source code that could give
the bad guys the ability to thwart this," he says. "If evaluators say there
are security deficiencies that need to be addressed, that's precisely what we
want them to address."

Researchers counter that an open review that all experts can examine will
likely yield more bug repairs and improvements than problems.

Adds James Dempsey, senior staff counsel to the Center for Democracy and
Technology: "Some people might learn how to evade it. But that's the price of
the assurance that this thing isn't some vacuum cleaner they're going to use
to grab everything."

MIT, Purdue University, Dartmouth College, the University of Michigan and the
Supercomputing Center at the University of California at San Diego have all
turned down overtures from the Justice Department or signaled their
unwillingness to participate in advance, researchers said.
Their decision not to examine the device will likely be a topic of discussion
at Senate and House hearings on Carnivore Wednesday morning.

Researchers say even a cursory examination of known facts about Carnivore
worries them. And that is what makes the choice of who does the review so
important.

Unlike a recorded human voice, which can be easily shown to be authentic or
fake, there is no built-in authentication process for e-mail. PC clocks can
be changed to produce fraudulent time stamps, text messages can be altered
undetectably and others fabricated or deleted entirely. A "black box" placed
at an Internet service provider and open only to FBI agents produces more
problems than many experts are comfortable with.

Given all those things, researchers interviewed for this article say that
procedures FBI agents follow with Carnivore must be central to any good
review.

"There are a lot of different skills necessary in doing this review," says
Steve Bellovin, an AT&T researcher who helped put together a review team for
the San Diego Supercomputing Center. "The totality of how it's used, it's all
the other surrounding systems that surround this thing that lead to other
risks."

Furthermore, AT&T's Bellovin warns, getting all the e-mail traffic on a
suspect is exceedingly hard. E-mail can take strange hops and not land at the
place police expect it to, harming a prosecution as easily as a defense.

"I do not think it's possible to do a perfect job," Bellovin says. "One of
the important things to do is understand its limitations. If the FBI is
investigating someone they don't want to mislead someone."

Justice's Colgate counters that the FBI already has laws it must follow to
intercept e-mail. "What we don't want is a debate over the government's
inherent authority to conduct electronic surveillance. If researchers find
there are issues that have to be addressed, we can do that," he says.

The San Diego Supercomputer Center's Perrine says few lawyers can take on a
body of e-mail that incriminates a defendant. That much is apparent, he says,
from the fact that virtually no hacking cases ever go to trial.

"If you have bad digital evidence you don't go to trial because there isn't a
U.S. attorney who will take it. If you have great digital evidence, you'll
never go to trial because the suspect will plead out."

Given those stakes, he says, the Justice Department has to get the review
right.

USA Today, September 6, 2000
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