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more surveillance puts strain on carriers
by Eugen Leitl 09 Feb '06

09 Feb '06

http://online.wsj.com/public/article/SB113945527128569215-ap0UyM9HXxWBrOiAX… sQpD4xsw_20070209.html?mod=blogs More Surveillance Puts Strain on Carriers Third Parties Help Telecom, Internet Firms Fill Law Enforcement's Increasing Data Requests By CHRISTOPHER RHOADS Staff Reporter of THE WALL STREET JOURNAL February 9, 2006; Page B3 After the 2001 terrorist attacks, retired Federal Bureau of Investigation agent Michael Warren saw that many phone and Internet companies would need help meeting an expected jump in law-enforcement requests for customer calling and email information. His prediction proved correct. Mr. Warren formed a company that won business from telecom, cable and Internet-service providers around the U.S. Last year, he sold the business for an undisclosed amount. "There's been a significant increase in demand and pressure on companies for providing records, tracing calls and wiretapping," said Mr. Warren, now a vice president for fiduciary services at NeuStar Inc. of Sterling, Va., which bought his company. "That's led to a great deal of strain on carriers." Often overlooked amid the controversy over the legality of the Bush administration's eavesdropping without warrants is a huge increase in recent years in the number of wiretaps conducted with court approval. Smaller telecom companies in particular have sought help from outsiders in order to comply with the court-ordered subpoenas, touching off a scramble among third parties to meet the demand for assistance. VeriSign Inc., the communications company in Mountain View, Calif., that manages the Internet's .com and .net domain-name suffixes, entered the assistance business after the Sept. 11, 2001, terrorist attacks. SS8 Networks Inc., a San Jose, Calif.-based company, in 2001 morphed its business into one that helps others deal with law-enforcement requests, after starting as an Internet-phone-equipment company a couple of years earlier. The number of telephone wiretaps from 2000 to 2004 authorized by state and federal judges increased by 44% to 1,710, according to the latest annual report from the Administrative Office of the U.S. Courts. The vast bulk of the wiretaps related to drug and racketeering investigations, according to the report. But terrorism and other national-security investigations also helped drive the increase, according to security experts and service providers. CenturyTel Inc., a fixed-line phone company and Internet-service provider based in Monroe, La., serving 2.5 million customers, received about 1,500 subpoenas and court orders for customer data last year, said Stacey Goff, CenturyTel's chief legal counsel. Almost 20% of those related to national-security matters, about double the percentage of such requests from a year earlier, he said. The overall number of requests from law enforcement for customer information has nearly doubled from about five years ago, Mr. Goff added. "A few years ago it was drugs and divorces, that was it," said Mr. Goff. "Now, we're getting requests on more-sensitive matters." Companies assisting carriers handling the increased law-enforcement demands typically sell software that simplifies the process of reviewing tens of thousands of phone-call records. Some third parties also provide assistance by setting up in-house compliance procedures, interacting with law-enforcement agencies and providing access to networks for wiretaps. Smaller telecom, cable and Internet companies generally haven't received requests from the National Security Agency, the super-sensitive U.S. intelligence-gathering arm, for customer data without warrants, officials at smaller companies say. Such NSA requests -- which are at the core of the domestic eavesdropping debate -- have been aimed at large international telecom companies, which tend to handle government and law-enforcement matters in-house. Big telecom companies in the U.S. were required under the 1994 Communications Assistance for Law Enforcement Act to install equipment to help law enforcement keep up with advances in technology, such as the rise of cellular, the switch to digital technology from analog and new features such as call forwarding. Now, Internet providers must also comply with the act. The Patriot Act, passed after the 2001 terrorist attacks, took matters a step further, giving law-enforcement agencies powers to monitor individuals and all the ways they communicate, rather than being limited to a specific communication device. Government surveillance has intensified even more heavily overseas, particularly in Europe. Some countries, such as Italy, as well as government and law-enforcement agencies, are able to remotely monitor communications traffic without having to go through the individual service providers. To make it easier for authorities to monitor traffic, some also require registering with identification before buying telephone calling cards or using cybercafes. Write to Christopher Rhoads at christopher.rhoads(a)wsj.com -- Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org ______________________________________________________________ ICBM: 48.07100, 11.36820 http://www.ativel.com 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE [demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

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[Clips] Abolish FISA
by R. A. Hettinga 09 Feb '06

09 Feb '06

Again, friends. If you don't like this, don't write your congressman. Write code. Cheers, RAH --- begin forwarded text Delivered-To: clips(a)philodox.com Date: Thu, 9 Feb 2006 13:09:36 -0500 To: Philodox Clips List <clips(a)philodox.com> From: "R. A. Hettinga" <rah(a)shipwright.com> Subject: [Clips] Abolish FISA Reply-To: rah(a)philodox.com Sender: clips-bounces(a)philodox.com <http://online.wsj.com/article_print/SB113945236921469126.html> The Wall Street Journal February 9, 2006 REVIEW & OUTLOOK Abolish FISA February 9, 2006; Page A12 Whatever happened to "impeachment"? Only two months ago, that was the word on leading Democratic lips as they assailed President Bush for "illegal" warrantless NSA wiretaps against al Qaeda suspects. But at Monday's Senate hearing on the issue, the idea never even made an appearance. The reason isn't because liberal critics have come to some epiphany about the necessity of executive discretion in wartime. The reason is they can read the opinion polls. And the polls show that a majority of Americans want their government to eavesdrop on al Qaeda suspects, even -- or should we say, especially -- if they're talking to one of their dupes or sympathizers here in the U.S. In short, the larger political battle over wiretaps is over, and the President has won the argument among the American people. We hope Dan Bartlett, Steve Hadley and other White House message-makers notice the difference between this outcome, on a matter on which they bothered to fight, and so many other controversies when they ceded the field to their opponents ("torture," Joe Wilson). * * * All the more so because the policy debate over Presidential authority continues, and on a dangerous path. Judging by Monday's hearing, Senators of both parties are still hoping to stage a Congressional raid on Presidential war powers. And they hope to do it not by accepting more responsibility themselves but by handing more power to unelected judges to do the job for them. The preferred vehicle here is an expansion of the 1978 Foreign Intelligence Surveillance Act, or FISA, the Carter-era law that imposed judicial consent for domestic wiretaps during the Cold War. "If you believe you need new laws, then come and tell us," Senate Democrat Pat Leahy told Attorney General Alberto Gonzales during Monday's hearing. Chairman Arlen Specter and Members in both parties seemed to be saying, "We're from Congress and we're here to help you." But note well that the Members aren't talking about sharing responsibility themselves for wiretap decisions. That they want no part of. The leadership and Intelligence Committee chairs were already briefed numerous times on the NSA program, only to have several of them deny all responsibility when the story was leaked. Intelligence Vice Chairman Senator Jay Rockefeller (D., W.Va.) even wrote his own not-my-fault letter that he kept secret until the story broke, when he released it in order to embarrass the Bush Administration. The real message of this episode is: "We're from Congress and we're here to second-guess you." What FISA boils down to is an attempt to further put the executive under the thumb of the judiciary, and in unconstitutional fashion. The way FISA works is that it gives a single judge the ability to overrule the considered judgment of the entire executive branch. In the case of the NSA wiretaps, the Justice Department, NSA and White House are all involved in establishing and reviewing these wiretaps. Yet if a warrant were required, one judge would have the discretion to deny any request. As a practical war-fighting matter, this interferes with the ability to gather intelligence against anonymous, al Qaeda-linked phone numbers. FISA warrants apply to people, and are supposed to require "probable cause" that the subject is an agent of a foreign power. But as Mr. Gonzales and Deputy National Intelligence Director Michael Hayden explained Monday, in fast-moving anti-terror operations it's often impossible to know if someone on the U.S. end of an al Qaeda phone call is actually an "agent." That means the government must operate on a different "reasonable basis" standard. FISA is the intelligence equivalent of asking battlefield commanders in Iraq to get a court order before taking Fallujah. "We can't afford to impose layers of lawyers on top of career intelligence officers who are striving valiantly to provide a first line of defense by tracking secretive al Qaeda operatives in real time," as Mr. Gonzales put it. We already know FISA impeded intelligence gathering before 9/11. It was the reason FBI agents decided not to tap the computer of alleged 20th hijacker Zacarias Moussaoui. And it contributed to the NSA's decision not to listen to foreign calls to actual hijacker Khalid al-Midhar, despite knowing that an al Qaeda associate by that name was in the country. The NSA feared being accused of "domestic spying." * * * Passed in the wake of the infamous Church hearings on the CIA, FISA is an artifact of post-Vietnam and post-Watergate hostility to executive power. But even as Jimmy Carter signed it for political reasons, his own Attorney General declared that it didn't supercede executive powers under Article I of the Constitution. Every President since has agreed with that view, and no court has contradicted it. As federal judge and former Deputy Attorney General Laurence Silberman explained in his 1978 testimony on FISA, the President is accountable to the voters if he abuses surveillance power. Fear of exposure or political damage are powerful disincentives to going too far. But judges, who are not politically accountable, have no similar incentives to strike the right balance between intelligence needs and civilian privacy. This is one reason the Founders gave the judiciary no such plenary powers. Far from being some rogue operation, the Bush Administration has taken enormous pains to make sure the NSA wiretaps are both legal and limited. The program is monitored by lawyers, reauthorized every 45 days by the President and has been discussed with both Congress and the FISA court itself. The Administration even decided against warrantless wiretaps on al Qaeda suspects communicating entirely within the U.S., though we'd argue that that too would be both constitutional and prudent. Any attempt to expand FISA would be the largest assault on Presidential power since the 1970s. Congress has every right to scrutinize the NSA program and cut off funds if it wants to. But it shouldn't take the politically easy route of passing the buck to the judiciary and further limiting the President's ability to defend America. Far from expanding FISA, Congress could best serve the country by abolishing it. -- ----------------- R. A. Hettinga <mailto: rah(a)ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' _______________________________________________ Clips mailing list Clips(a)philodox.com http://www.philodox.com/mailman/listinfo/clips --- end forwarded text -- ----------------- R. A. Hettinga <mailto: rah(a)ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "When the hares made speeches in the assembly and demanded that all should have equality, the lions replied, "Where are your claws and teeth?" -- attributed to Antisthenes in Aristotle, 'Politics', 3.7.2

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[dave@farber.net: [IP] US plans massive data sweep]
by Eugen Leitl 09 Feb '06

09 Feb '06

----- Forwarded message from Dave Farber <dave(a)farber.net> -----

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