THE AGE
http://www.theage.com.au/news/20000820/A13431-2000Aug18.html
Nowhere to hide

By DUNCAN CAMPBELL
Sunday 20 August 2000

Governments all over the world have suddenly become embroiled in 
controversy about electronic surveillance of the Internet. In the United 
States, a political storm has arisen over a new FBI Internet tapping system 
codenamed Carnivore. In Britain, the Regulation of Investigatory Powers Act 
has just extended telephone-tapping powers to cover Internet service 
providers, and allows the government to arrange indiscriminate tapping or 
e-mail interception for foreign police forces and security agencies.

In the Netherlands, the Dutch security service BVD admitted two weeks ago 
that it had been collecting e-mails sent abroad by companies. In the Hague, 
laws are being prepared to allow the Justice Ministry to tap into e-mail 
and subscriber records, scan messages and mobile phone calls, and track 
users' movements.

(In Australia, law enforcement agencies are not required to obtain a court 
order to demand disclosure of information provided it is in the course of a 
criminal investigation or is part of an ASIO operation against a threat to 
national security. The Commonwealth's Telecommunications (Interception) 
Legislation Amendment Bill 2000 amends the Telecommunications 
(Interception) Act 1979 and the Australian Security Intelligence 
Organisation Act. Within the amendments, interception warrants against a 
named person are enabled, as are warrants covering foreign communications.)

These developments are no coincidence, but the direct result of secret 
planning over seven years by an international coordinating group set up by 
the FBI, after Congress twice refused to extend its telephone tapping 
powers for digital networks. Under the innocuous title of the International 
Law Enforcement Telecommunications Seminar, the group has met annually to 
plan for and lobby to make telecommunications systems "interception-friendly".

The seminar excluded lawyers and industry specialists who might have 
advised on the arrangements to protect privacy and human rights, or on the 
feasibility and cost of the intelligence officers' wish list of 
interception requirements. As a result, the laws based on their 
recommendations have repeatedly caused controversy.

The work of the group came to light in late 1997, when British researcher 
Tony Bunyan revealed collaboration between EU staff and the FBI for many 
years. Details of plans to compel Internet service providers worldwide to 
install secret interception "black boxes" in their premises appeared in 
Online in The Guardian last year. 
(www.guardianunlimited.co.uk/Archive/Article/0,4273,3859496,00.html).

A month ago, the European Parliament appointed 36 parliamentarians to lead 
a year-long investigation into Echelon - the codename for a mainly US 
system for monitoring traffic on commercial communications satellites. 
Echelon has become common parlance for the worldwide electronic 
eavesdropping or signals intelligence network run by Britain's Government 
Communications Headquarters together with the US National Security Agency. 
The inquiry will ask if the rights of European citizens are adequately 
protected and ascertain whether European industry is put at risk by the 
global interception of communications.

French politicians and lawyers have taken the lead in accusing the US and 
Britain of using their electronic intelligence networks to win business 
from foreign rivals. US politicians have riposted that France runs a 
worldwide electronic intelligence system of its own - Frenchelon, based at 
Domme, near Sarlat in the Dordogne, and includes an eavesdropping station 
in New Caledonia in the Pacific (see 
www.zdnet.co.uk/news/2000/25/ns-16207.html).

Electronic eavesdropping has become a battleground between the US and 
Russia. The Russian-American Trust and Cooperation Act of 2000, passed on 
July 19, prohibits the US President from rescheduling or writing off 
billions of dollars of Russian debts unless a Russian spy base in Cuba is 
"permanently closed".

This base at Lourdes, located on leased land near Havana, was the former 
Soviet Union's most important intelligence facility. It uses Echelon-type 
systems to collect data from telephone calls and satellite links covering 
the US.

Lourdes allegedly provides "between 60 per cent and 70 per cent of all 
Russian intelligence data about the US". A defector has said that spying 
from Lourdes had grown dramatically following an order by Boris Yeltsin to 
step up economic and technological espionage against the West. The White 
House wants to stop the campaign to close Lourdes because other countries 
might then ask the US to close down similar bases. Documents suggest the US 
would particularly fear the Lourdes effect spreading to Britain, Germany 
and Australia, where the National Security Agency operates large sites.

The US is not alone in this spying. By the end of the year, the Government 
Technical Assistance Centre will have begun operations from inside MI5's 
headquarters at Thames House, Millbank. Its primary purpose will be to 
break codes used for private e-mail or to protect files on personal 
computers. It will also receive and hold private keys to codes which 
British computer users may be compelled under law to give to the government.

The development of the Government Technical Assistance Centre has been 
pioneered by the Home Office's Encryption Coordination Unit, which says 
that the centre will "provide the capability to produce plain 
text/images/audio from lawfully intercepted communications and lawfully 
seized computer media which are encrypted". The Home Office has not 
confirmed reports that the centre will also be the collecting point for 
intercepted internet communications relayed from the "sniffer" boxes to be 
installed inside British Internet service providers.

The cost of building the centre, said to be $38 million, is likely to 
include the price of ultra-fast super-computers, of the type previously 
used only to break Soviet codes and attack other special military targets. 
Code-breakers from the Government Communications Headquarters will be 
seconded to work at the centre.

The communications headquarters has used sophisticated computers for many 
years to examine foreign or "external" messages and phone calls, as part of 
the worldwide intelligence network operated with other English-speaking 
countries. The key part of this system uses computers called Dictionaries, 
which hold lists of thousands of target names, addresses and key words. 
They are used to select messages of interest, while discarding most 
communications.

The headquarters was not normally permitted to encroach on domestic 
communications. Now, the Regulation of Investigatory Powers Act says that 
as many domestic Internet communications travel on the same "trunks" as 
external communications, it will be allowed to trawl through these messages 
without restriction.

Another limitation, which had prevented the direct targeting of people in 
Britain by the headquarters without specific authorisation has also been 
dropped. The Home Secretary can sign an "overriding" warrant every three 
months, which will allow general surveillance without the need for 
individual warrants. This will apply to "serious crime", which can include 
organising demonstrations that may affect public order. The Act will also 
allow any agency nominated by the Home Secretary to tap into the addresses 
of e-mails sent and received (though not their content) without a warrant.

Caspar Bowden, whose lobbying organisation, the Foundation for Information 
Policy Research, helped to bring some important changes to the new law, 
believes that letting Dictionary-type computers carry out broad-ranging 
surveillance on much internal UK traffic will break the new Human Rights 
Act (see www.fipr.org).

The FBI has just been granted $85 million for an electronic surveillance 
program called Digital Storm. This foresees the quadrupling of telephone 
tapping in the US over the next decade.

The FBI hopes to build in automated transcription and translation systems. 
According to its budget application for the next US fiscal year, a related 
program called Casa de Web will include central computer archives for 
intercepted audio and data reports.

The existence of Carnivore was revealed three months ago as the result of a 
lawsuit between an Internet service provider and federal marshals, who 
demanded that the provider wire a Carnivore box into its network. The FBI 
initially wanted to install its own version of a commercial "sniffer" 
program called Etherpeek. Then it turned up with Carnivore and a court 
order to install it.

The FBI claims there are only 20 Carnivores, and that they have been used 
only 25 times in the past 18 months 
(www.fbi.gov/programs/carnivore/carnivore.htm). But the system is so 
controversial that the US Congress held special hearings two weeks ago. A 
judge has ordered the FBI to answer requests for details made under the 
Freedom of Information Act.

Carnivore consists of a laptop computer and communications interface cards. 
It runs a packet sniffer program to select the data it wants from inside 
the Internet service provider local network. According to Marcus Thomas, 
head of the FBI's Cyber Technology Section, they are PCs using proprietary 
software and acting as a "specialised sniffer".

The bureau claims that although Carnivore's hardware sees all the traffic 
passing through the provider where it is installed, its software looks only 
at the origin and the destination of each Internet packet. If the addresses 
correspond with those specifically authorised in a court order, then the 
information and/or the contents are extracted and forwarded to the FBI. The 
agency claims no other data is recorded or examined.

But US computer experts do not believe this is possible. For example, many 
providers allocate Internet addresses to their customers. This means that 
every time you dial in to your provider, you will use a different Internet 
address. Unless Carnivore is also intercepting this type of data, it cannot 
work.

The FBI has been asked to reveal Carnivore's source code, but has refused. 
US Attorney-General Janet Reno has publicly regretted the selection of the 
codename Carnivore. It will be changed to a less threatening name.

   - GUARDIAN


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