- cypherpunks-legacy - lists.cpunks.org

None
by David Sobel 27 Jul '01

27 Jul '01

============================================================== [Electronic Privacy Information Center] July 26, 2001 Sen. Patrick J. Leahy, Chairman Sen. Orrin G. Hatch, Ranking Member Senate Judiciary Committee United States Senate 224 Dirksen Office Building Washington, DC 20510 Re: Nomination of Robert S. Mueller Dear Chairman Leahy, Senator Hatch and Members of the Senate Judiciary Committee: As the Committee prepares to consider the nomination of Robert S. Mueller to be Director of the Federal Bureau of Investigation (FBI), we are writing to urge the Committee to include privacy protection and compliance with the Freedom of Information Act (FOIA) in its inquiry. As we set forth below, these issues include FBI use of new surveillance and investigative technologies, including the Carnivore system; FBI access to personal information contained in private sector databases; and full and timely compliance with the disclosure requirements of the FOIA. New Technologies Given the increased public concern over the use of new and potentially invasive technologies by law enforcement agencies, it would be appropriate to solicit Mr. Mueller's views on this issue. While the FBI's use of the Carnivore Internet surveillance system properly has been the subject of much public discussion, other technologies increasingly are being employed by the FBI and the law enforcement community. These include video surveillance systems, sophisticated imaging devices and a wide range of biometric applications such as facial recognition and retinal scans. As the Supreme Court recently recognized in Kyllo v. United States, 533 U.S. ____ (2001), "[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology." When law enforcement employs invasive technology that is not in "general public use," it must do so in a manner that "assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted." In light of the Kyllo decision, we believe it is imperative that Mr. Mueller address this issue, which he will clearly confront as Director of the FBI. With respect to the Carnivore system (now designated within the Bureau as DCS 1000), many questions remain unanswered since the FBI's use of the system came to light over a year ago. Through our pending FOIA litigation concerning Carnivore, it appears that neither the FBI nor the Justice Department conducted an analysis of the legality or constitutionality of the surveillance technique prior to its deployment. Despite the fact that the independent technical review team retained by the Justice Department recommended modifications to Carnivore last December, those changes have not yet been implemented. In addition to the recommendations of the technical review team, EPIC and other privacy groups have urged Attorney General Ashcroft to cure Carnivore's fundamental constitutional defect by placing the system in the control of the relevant Internet service provider rather than the FBI. While the Attorney General recently announced that a new review of Carnivore is now underway, we believe that Mr. Mueller's views on this matter should be explored. Access to Private Sector Databases One of the most troubling law enforcement developments to arise in recent years is the increased reliance of investigative agencies on personal information contained in databases compiled by the private sector. Through their access to these systems, the FBI and other agencies routinely obtain a vast range of personal data, the direct collection of which would appear to be prohibited by the Privacy Act of 1974. As the Wall Street Journal reported earlier this year, private data vendors "specialize in doing what the law discourages the government from doing on its own -- culling, sorting and packaging data on individuals from scores of sources, including credit bureaus, marketers and regulatory agencies." (See attached article). One such company, ChoicePoint, Inc., has a particularly close relationship with the FBI. The company maintains a specialized website, "ChoicePoint Online for the FBI" (www.cpfbi.com) to process data queries from the Bureau. Last year, the Justice Department's contract with the company reportedly grew to $8 million. We urge the Committee to seek Mr. Mueller's opinions on the propriety of such arrangements. FOIA Compliance As frequent users of the Freedom of Information Act, we have a particular interest in Mr. Mueller's familiarity with and commitment to the Act's disclosure requirements. The FBI's problems with FOIA compliance are legendary, and it is not at all uncommon for information requests to languish at the Bureau for many years. The FBI's resistance to public disclosure and oversight appears to be deeply ingrained. Norman J. Rabkin of the General Accounting Office recently testified before this Committee concerning the GAO's experience with the Bureau. While over time we have experienced access-to-records problems at different federal agencies, our experience at the FBI is by far our most contentious among law enforcement agencies. The FBI's reluctance to consistently honor our statutory rights of access has forced us to expend significant energy and resources. The FBI has also limited our ability to respond to our clients -- congressional committees and individual Members of Congress -- in a timely and efficient way. Prepared Statement of Norman J. Rabkin, General Accounting Office, Before the Senate Judiciary Committee, June 20, 2001. When the GAO has such problems, the Committee can well imagine the difficulty that average citizens, journalists and public interest organizations encounter when attempting to utilize FOIA's access provisions to learn about FBI activities. As Director of the Bureau, Mr. Mueller would be uniquely situated to remedy this chronic deficiency. We strongly urge the Committee to elicit a commitment from Mr. Mueller to address this issue quickly and decisively. We appreciate your consideration of the foregoing suggestions and would be pleased to assist the Committee in its ongoing oversight of the FBI. Sincerely, Marc Rotenberg David L. Sobel Executive Director General Counsel Enclosure: "If the FBI Hopes to Get the Goods on You, It May Ask ChoicePoint," Wall Street Journal, pg. 1, April 13, 2001. cc: Members of the Senate Judiciary Committee ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- ----- End forwarded message -----

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None
by David Sobel 27 Jul '01

27 Jul '01

============================================================== [Electronic Privacy Information Center] July 26, 2001 Sen. Patrick J. Leahy, Chairman Sen. Orrin G. Hatch, Ranking Member Senate Judiciary Committee United States Senate 224 Dirksen Office Building Washington, DC 20510 Re: Nomination of Robert S. Mueller Dear Chairman Leahy, Senator Hatch and Members of the Senate Judiciary Committee: As the Committee prepares to consider the nomination of Robert S. Mueller to be Director of the Federal Bureau of Investigation (FBI), we are writing to urge the Committee to include privacy protection and compliance with the Freedom of Information Act (FOIA) in its inquiry. As we set forth below, these issues include FBI use of new surveillance and investigative technologies, including the Carnivore system; FBI access to personal information contained in private sector databases; and full and timely compliance with the disclosure requirements of the FOIA. New Technologies Given the increased public concern over the use of new and potentially invasive technologies by law enforcement agencies, it would be appropriate to solicit Mr. Mueller's views on this issue. While the FBI's use of the Carnivore Internet surveillance system properly has been the subject of much public discussion, other technologies increasingly are being employed by the FBI and the law enforcement community. These include video surveillance systems, sophisticated imaging devices and a wide range of biometric applications such as facial recognition and retinal scans. As the Supreme Court recently recognized in Kyllo v. United States, 533 U.S. ____ (2001), "[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology." When law enforcement employs invasive technology that is not in "general public use," it must do so in a manner that "assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted." In light of the Kyllo decision, we believe it is imperative that Mr. Mueller address this issue, which he will clearly confront as Director of the FBI. With respect to the Carnivore system (now designated within the Bureau as DCS 1000), many questions remain unanswered since the FBI's use of the system came to light over a year ago. Through our pending FOIA litigation concerning Carnivore, it appears that neither the FBI nor the Justice Department conducted an analysis of the legality or constitutionality of the surveillance technique prior to its deployment. Despite the fact that the independent technical review team retained by the Justice Department recommended modifications to Carnivore last December, those changes have not yet been implemented. In addition to the recommendations of the technical review team, EPIC and other privacy groups have urged Attorney General Ashcroft to cure Carnivore's fundamental constitutional defect by placing the system in the control of the relevant Internet service provider rather than the FBI. While the Attorney General recently announced that a new review of Carnivore is now underway, we believe that Mr. Mueller's views on this matter should be explored. Access to Private Sector Databases One of the most troubling law enforcement developments to arise in recent years is the increased reliance of investigative agencies on personal information contained in databases compiled by the private sector. Through their access to these systems, the FBI and other agencies routinely obtain a vast range of personal data, the direct collection of which would appear to be prohibited by the Privacy Act of 1974. As the Wall Street Journal reported earlier this year, private data vendors "specialize in doing what the law discourages the government from doing on its own -- culling, sorting and packaging data on individuals from scores of sources, including credit bureaus, marketers and regulatory agencies." (See attached article). One such company, ChoicePoint, Inc., has a particularly close relationship with the FBI. The company maintains a specialized website, "ChoicePoint Online for the FBI" (www.cpfbi.com) to process data queries from the Bureau. Last year, the Justice Department's contract with the company reportedly grew to $8 million. We urge the Committee to seek Mr. Mueller's opinions on the propriety of such arrangements. FOIA Compliance As frequent users of the Freedom of Information Act, we have a particular interest in Mr. Mueller's familiarity with and commitment to the Act's disclosure requirements. The FBI's problems with FOIA compliance are legendary, and it is not at all uncommon for information requests to languish at the Bureau for many years. The FBI's resistance to public disclosure and oversight appears to be deeply ingrained. Norman J. Rabkin of the General Accounting Office recently testified before this Committee concerning the GAO's experience with the Bureau. While over time we have experienced access-to-records problems at different federal agencies, our experience at the FBI is by far our most contentious among law enforcement agencies. The FBI's reluctance to consistently honor our statutory rights of access has forced us to expend significant energy and resources. The FBI has also limited our ability to respond to our clients -- congressional committees and individual Members of Congress -- in a timely and efficient way. Prepared Statement of Norman J. Rabkin, General Accounting Office, Before the Senate Judiciary Committee, June 20, 2001. When the GAO has such problems, the Committee can well imagine the difficulty that average citizens, journalists and public interest organizations encounter when attempting to utilize FOIA's access provisions to learn about FBI activities. As Director of the Bureau, Mr. Mueller would be uniquely situated to remedy this chronic deficiency. We strongly urge the Committee to elicit a commitment from Mr. Mueller to address this issue quickly and decisively. We appreciate your consideration of the foregoing suggestions and would be pleased to assist the Committee in its ongoing oversight of the FBI. Sincerely, Marc Rotenberg David L. Sobel Executive Director General Counsel Enclosure: "If the FBI Hopes to Get the Goods on You, It May Ask ChoicePoint," Wall Street Journal, pg. 1, April 13, 2001. cc: Members of the Senate Judiciary Committee ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- ----- End forwarded message -----

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Your Membership Exchange, #437
by Your Membership Newsletter 27 Jul '01

27 Jul '01

Your Membership Exchange, Issue #437 (July 26, 2001) ______________________________________________________ Your Membership Daily Exchange >>>>>>>>>>> Issue #437 <> 07-26-01 <<<<<<<<<<<< Your place to exchange ideas, ask questions, swap links, and share your skills! ______________________________________________________ Removal/Unsubscribe instructions are included at the bottom for members who do not wish to receive additional issues of this publication. ______________________________________________________ You are a member in at least one of these programs - You should be in them all! http://www.BannersGoMLM.com http://www.ProfitBanners.com http://www.CashPromotions.com http://www.MySiteInc.com http://www.TimsHomeTownStories.com http://www.FreeLinksNetwork.com http://www.MyShoppingPlace.com http://www.BannerCo-op.com http://www.PutPEEL.com http://www.PutPEEL.net http://www.SELLinternetACCESS.com http://www.Be-Your-Own-ISP.com http://www.SeventhPower.com ______________________________________________________ Today's Special Announcement: Here's a REALLY STUPID Internet Marketing question: If You Could Turn $1 Into $2 - $10, Would You? Over and over again? - My Strategy Works Month After Month. No Chance Or Luck Needed. - I've Used It To Make $1,200,000+ In Online Sales. Hugely scalable. Free report, CLICK HERE: http://www.banneradmagic.com/mtg.htm ______________________________________________________ ______________________________________________________ >> Moderator Comments >> Q & A QUESTIONS: - My computer is asking for a .vxd file? ANSWERS: - Can images be coded so they cannot be downloaded? L. Seider: Simple java script will eliminate the right click function >> MEMBER SHOWCASES >> MEMBER *REVIEWS* - Sites to Review: #137, & #138! - Three new sites to review! - Site #136 Reviewed! ______________________________________________________ >>>>>> Moderator Comments <<<<<< Hello All Subscribers, First, I want to thank you for your participation and the great input I'm receiving in answers to questions, on the Member Reviews, and tips and information. I'm impressed with the knowledge out there and the willingness to help out your fellow subscribers. Second, I also wanted to let you know, we are growing so fast that we have already outgrown our current list hosting system. Because of this, you may have experienced problems with editing your information or unsubscribing, or a delay in receiving our publications. So, over the weekend we will be moving. This new system will allow for easier subscribing, editing of your information, and unsubscribing. Also, we will have changes to the layout, including sending the Your Membership Exchange in text format to cut down on the size. Your Membership Community & Commentary will still be delivered in html format (if you can receive it this way) on Fridays. If you have any questions, please feel free to contact me at mailto:Moderator@AEOpublishing.com Thank you for your patience through these changes! Amy Mossel Moderator ______________________________________________________ >>>>>> QUESTIONS & ANSWERS <<<<<< Submit your questions & answers to MyInput(a)AEOpublishing.com QUESTIONS:

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RE: Open 802.11b wireless access points and remailers
by Jim Windle 27 Jul '01

27 Jul '01

In addition people looking for AP maps and technical info can also try: http://www.personaltelco.net By agreement among some of the local groups around the country this site is supposed to act as a clearing house for the different groups. It has a fairly good section with AP maps for different areas. http://nocat.net This is the Sonoma County group. I beleive some of the people involved work at O'Reilly so they have emphasized writing technical papers many of which are posted on the site, including the amazingly wonderful Pringles Potato Chip can antenna (be sure to throw the chips outs, don't eat them they taste like cardboard). Jim Windle -- On Fri, 27 Jul 2001 10:18:16 Trei, Peter wrote: > >Two points: > >People interested in finding wireless access points, and >tech info about the same, should look at > >GAWD: http://www.shmoo.com/gawd/ >BAWUG: http://www.bawug.org > >The Starbucks access points will apparently require Microsoft >Wallet, and some kind of charge-per-minute software. > >Peter Trei > > > >> ---------- >> From: Eugene Leitl[SMTP:Eugene.Leitl@lrz.uni-muenchen.de] >> Sent: Friday, July 27, 2001 5:37 AM >> To: David Honig >> Cc: Sampo Syreeni; Ray Dillinger; cypherpunks(a)lne.com >> Subject: Re: Open 802.11b wireless access points and remailers >> >> On Thu, 26 Jul 2001, David Honig wrote: >> >> > Bear has a point; no matter how you spread or hop, you're an emitter. >> > Shoot anything that radiates from 50 Mhz-IR. >> >> Ultrabroadband is currently hard to triangulate, unless you're part of the >> network, where TOF mutual triangulation is part of service. >> >> You could triangulate ultrabroadband with an antenna array, but in real >> life the reflexion and multipath will make it difficult. > > Join 18 million Eudora users by signing up for a free Eudora Web-Mail account at http://www.eudoramail.com

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unsubscribe
by chugh rohit 27 Jul '01

27 Jul '01

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by QuTi0＠aol.com 27 Jul '01

27 Jul '01

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by chugh rohit 27 Jul '01

27 Jul '01

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Senate should ask FBI nominee Mueller about privacy, EPIC says
by Declan McCullagh 27 Jul '01

27 Jul '01

----- Forwarded message from Declan McCullagh <declan(a)well.com> -----

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where's dildo? if he's not white, at Texas Southern University
by Subcommander Bob 27 Jul '01

27 Jul '01

Report: TSU Law School Admissions Too Easy The American Bar Association is asking Texas Southern University's law school to raise admission standards, effectively shutting the door to many black and Hispanic students that would likely not have been accepted at other state law schools. The request comes as part of a seven-year accreditation review of the Thurgood Marshall School of Law by the ABA. The law school, created in 1946 to allow blacks to attend a publicly funded law school, trains a majority of the state's black and Hispanic law students. Experts said that many TSU law students and graduates would likely not have been accepted at other state law schools because their college grade point averages and entrance exam scores were too low. "The attrition rate is unconscionably high, and the bar passage rate remains the lowest among all law schools in the state of Texas," the Chicago-based ABA said in a report obtained by the Houston Chronicle. The report, citing statistics from the July 2000 Texas bar exam, said that 52 percent of TSU law school graduates passed the test on their first attempt, and 33 percent passed on subsequent attempts. The state-passing rate for those taking the exam for the first time on the same date was 82 percent, and 42 percent on second attempts. Of the 331 students who entered the TSU law school in the fall of 1999, only 201 maintained the required 2.0 grade point average needed to stay at the school by the end of the 2000 academic year, the report said. That gave the school a first-year attrition rate of 40 percent, more than four times the national average of 8.9 percent. Admissions standards have already been raised slightly to meet ABA concerns, said John Brittain, dean of the law school. He expects the school to retain its ABA accreditation, which is required by the state. The school must submit a plan to the ABA by November. Brittain said that he believes it is possible to raise admission standards to weed out many students who would not graduate or pass, but still provide an opportunity to attend law school to minorities who otherwise might not qualify. "Raising admission standards presents a dilemma for the state of Texas because it has abolished affirmative action in higher education," Brittain said. "The Thurgood Marshall School of Law is performing a special mission for the state by allowing many students to attend law school who would not have gained admission to other law schools. "We want to continue fulfilling this historical mission of serving minorities. We have to do a little bit of both, raise admission standards and take educational risks." In the 1999-2000 academic year, TSU officials said that the school enrolled 92 percent of all black first-year law students attending the state's four public law schools and 52 percent of the first-year Hispanic students. In recent years, the average Law School Admissions Test score for students admitted to TSU has been 142, significantly below the national average of 150, the ABA said. The median grade point average for students admitted to TSU's law school has ranged from 2.67 to 2.76, compared with the national average of 3.06 to 3.10. The ABA report also said that TSU's law school does not have adequate resources to educate the large classes of approximately 300 students it has admitted in recent years. The ABA report said that the law building is too small, classes are crowded and that there is not enough space for clinical programs or student organizations. Brittain said that the university has pledged to spend $5 million to renovate the law school building and is considering spending another $5 million to build a new wing. He also said that the school will provide more training for the bar exam, strengthen its research and writing programs, and increase library funding. For more information, log onto the Thurgood Marshall School of Law Web site at www.tsulaw.edu.

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Re: Is minder.net really screwed up?
by Reese 27 Jul '01

27 Jul '01

At 02:15 AM 7/27/01, Jim Choate wrote: >On Thu, 26 Jul 2001, Brian Minder wrote: > >> These are likely due to disks filling up at ssz (due to SirCam). > >Nope. Next wild ass guess... As the reigning authority on ssz, why don't you either give us your wild-assed guess, or get off your ass and fix it. Reese

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