From Eugene.Leitl@lrz.uni-muenchen.de Sat Sep 15 10:26:54 2001 From: Eugene Leitl To: cypherpunks-legacy@lists.cpunks.org Subject: IP: out of time order read this first RE: Senate votes to permitwarrantless Net-wiretaps, Carnivore us e (fwd) Date: Sat, 15 Sep 2001 10:26:54 +0000 Message-ID: MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="===============6697683323630709487==" --===============6697683323630709487== Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: 7bit -- Eugen* Leitl leitl ______________________________________________________________ ICBMTO : N48 10'07'' E011 33'53'' http://www.lrz.de/~ui22204 57F9CFD3: ED90 0433 EB74 E4A9 537F CFF5 86E7 629B 57F9 CFD3 ---------- Forwarded message ---------- Date: Fri, 14 Sep 2001 20:51:50 -0400 From: David Farber Reply-To: farber(a)cis.upenn.edu To: ip-sub-1(a)majordomo.pobox.com Subject: IP: out of time order read this first RE: Senate votes to permit warrantless Net-wiretaps, Carnivore us e >Date: Fri, 14 Sep 2001 19:59:39 -0400 >To: farber(a)cis.upenn.edu, ip-sub-1(a)majordomo.pobox.com >From: Declan McCullagh > >Cc: SAlbertazzie(a)steptoe.com, SBaker(a)steptoe.com > >Dave, >I'm glad to see Stu joining the civil libertarian crowd. He's right, of >course, that there are reasons to be uneasy about the new "Combating >Terrorism Act." > >Current law permits specific Justice Department officials to authorize >meatspace telephone pen register and trap and trace devices without a >court order in two circumstances. Here's an excerpt from the U.S. Code: > >http://www4.law.cornell.edu/uscode/18/3125.html >>an emergency situation exists that involves immediate danger of death or >>serious bodily injury to any person [or] conspiratorial activities >>characteristic of organized crime > >This bill does three things of note: > >1. It adds "U.S. Attorney" to the list of officials who can authorize >warantless surveillance. > >2. It expands the "emergency situation" rule beyond serious bodily >injury/organized crime. I described this in my article: >http://www.wired.com/news/politics/0,1283,46852,00.html >>Circumstances that don't require court orders include an "immediate >>threat to the national security interests of the United States, (an) >>immediate threat to public health or safety or an attack on the integrity >>or availability of a protected computer." That covers most computer >>hacking offenses. > >3. It rewrites pen register/trap and trace law and moves it from the >telephone world to explicitly cover computer networks as well, which would >permit Carnivore's use under this section (when operated in >trap-and-trace/pen-register mode). Here are some excerpts from the bill: > >http://www.politechbot.com/docs/cta.091401.html >>The order shall, upon service of the order, apply to any entity providing >>wire or electronic communication service in the United States... >>inserting ``, routing, addressing,'' after ``dialing''... by striking >>``call processing'' and inserting ``the processing and transmitting of >>wire and electronic communications''... > >Now, whether all this is, as Stu blandly suggests, "a bit alarmist," is up >to IPers to decide. But I think Senator Patrick Leahy, the chairman of the >Senate Judiciary committee, put it well during the floor debate last >night. Here's a quote from the Congressional Record. > >http://www.fas.org/sgp/congress/2001/s091301.html >>LEAHY: Maybe the Senate wants to just go ahead and adopt new abilities to >>wiretap our citizens. Maybe they want to adopt new abilities to go into >>people's computers. Maybe that will make us feel safer. Maybe. And maybe >>what the terrorists have done made us a little bit less safe. Maybe they >>have increased Big Brother in this country. > >-Declan For archives see: http://www.interesting-people.org/ --===============6697683323630709487==--