====================================================================== ____ _____ ____ ___ _ _____ ____ _____ | _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO | |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE | _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL |_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96 REPOST THIS ALERT WHERE APPROPRIATE DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996 ---------------------------------------------------------------------- Table of contents Introduction What you can do now Background Participating organizations ---------------------------------------------------------------------- INTRODUCTION Late Wednesday, Congress and the Clinton Administration reached a preliminary agreement on a sweeping new surveillance initiative. The President and several Congressional leaders are pushing for a vote on the measure BEFORE CONGRESS RECESSES ON AUGUST 2. If enacted, parts of the proposal would dramatically impact privacy and security on the Internet and other advanced communications technologies. Of particular concern are provisions which: 1. Allows law enforcement to wiretap "suspected terrorists" for up to 48 hours BEFORE obtaining a court order 2. Provide funding for the Digital Telephony Proposal without any public accountability over how the FBI spends the funds Other provisions are also circulating that would: 3. Threaten to impose new restrictions on encryption technologies 4. Seek to criminalize the distribution of 'bomb-making' information on the Internet that is legal in print. Congress needs to hear from you. Congress will rush through the passage of massive new surveillance plans with privacy risks unless you show them there is support for slow, deliberate, reasoned thought on the issue. ---------------------------------------------------------------------- WHAT YOU CAN DO NOW CALL KEY MEMBERS OF CONGRESS IMMEDIATELY! NO LATER THAN FRIDAY (8/2/96) Please contact as many elected officials on the list below as you can. Urge them to "go slow" and carefully consider the impact these surveillance proposals will have on the privacy and security of all Internet users. Tell them while you appreciate their concern about combating terrorism, the measures being proposed have many potential side effects which must be carefully considered. 1. Call the key members of Congress below and ask them to "go slow" and examine the issues before rushing into changing the delicate balance of law enforcement surveillance and the public. 2. If you are at a loss for words, use the following sample communique: SAMPLE COMMUNIQUE Dear _________, Please do not rush the passage of counter terrorism legislation; I'm concerned that Congress is rushing without carefully considering the implications of privacy. I'm from <city, state>. Thanks, <click> You should call the following members of Congress because they are steering this legislation and need to hear there is support for slow, deliberate, thoughtful consideration of this issue. Some of thee members *have publicly expressed reservations* about this legislation, and we should support them in their efforts. Senate members: P ST Name and Address Phone Fax = == ======================== ============== ============== R MS Lott, Trent 1-202-224-6253 1-202-224-2262 D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139 D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047 R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331 R PA Specter, Arlen 1-202-224-4254 1-717-782-4920 D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595 House members: Dist ST Name, Address, and Party Phone Fax ==== == ======================== ============== ============== 6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656 3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452 6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240 14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072 President William Clinton: White House Comment Line: 1-202-456-1414 3. If you get a response, take a moment and send mail to vtw@vtw.org with "feedback" in the subject line. $ Mail vtw@vtw.org Subject: my feedback from calling Congress They said they're not going to pass most of Clinton's package, because it upsets the delicate balance between law enforcement and the public. ^D Mail sent! ---------------------------------------------------------------------- BACKGROUND Among other things, the law enforcement proposals circulating on Capitol Hill include provisions which: o WIRETAPPING WITHOUT COURT ORDER ALLOWED FOR 48 HOURS Congress and the President have already agreed to provisions which would dramatically expand law enforcement surveillance authority. Both of these provisions were proposed by the President as part of the 1995 counter-terrorism legislation, but were dropped from the final bill after Republicans and civil liberties advocates objected. The current proposal would expand law enforcement surveillance authority in two ways: - Emergency 48 Hour Wiretap Authority: Current law requires law enforcement officials to get the affirmative consent of a judge before installing a wiretap. The current proposal would expand law enforcement authority to wiretap "suspected terrorists" for up to 48 hours before obtaining a court order, limiting a critical 4th amendment safeguard. - Multi-Point "Roving" Wiretaps: Current law allows law enforcement to tap only specific LOCATIONS (i.e., a telephone number). In certain very limited circumstances, law enforcement can tap a specific INDIVIDUAL if it can be shown to a judge that the suspect is moving from place to place with the specific intent of thwarting law enforcement. The current proposal would expand this so-called "roving" wiretap authority by making it much easier for law enforcement to tap specific INDIVIDUALS as opposed to specific physical locations. This change would dramatically effect the balance between 4th Amendment privacy rights and public safety which has existed for nearly 30 years, and should not be enacted without careful consideration of the implications. o FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY The Administration and Congress are seeking funding to implement the Digital Telephony Law in a way which eliminates any opportunity for public oversight of law enforcement surveillance ability. The controversial law, known officially as the Communications Assistance for Law Enforcement Act (CALEA), granted the FBI new authority to influence the design of telecommunications networks. At the same time, the law provided substantial public oversight over the FBI's surveillance ability by requiring the FBI to state, on the public record, what its surveillance needs are. The FBI has faced stiff resistance from civil liberties groups and some members of Congress and has not yet been able to obtain funding to implement the requirements of the law. As part of the current proposal, the FBI is seeking a mechanism which will provide funding for CALEA in a way which skirts the public oversight provisions of the law. This is an extremely troubling move by law enforcement which, if enacted, would allow law enforcement essentially unlimited authority to influence the design of telecommunications networks without any accountability. Other provisions which could show up in legislation in the next 72 hours are: o BOMB MAKING MATERIAL ON THE INTERNET In the wake of the recent public concern about terrorism, Senators Dianne Feinstein (D-CA) and Joseph Biden (D-DE) have renewed their efforts to pass legislation to restrict the availability of 'bomb- making' information on the Internet. The Feinstein/Biden amendment was added to the Senate Defense Appropriations bill (S. 1762) in early July, and is not currently part of the new law enforcement initiative. However, the amendment poses a serious threat to chill the the free flow of information on the Internet. o THREATEN TO IMPOSE NEW RESTRICTIONS ON ENCRYPTION TECHNOLOGIES: While no specific legislation has been proposed, the Clinton Administration has circulated an outline to Congress which states: "We will seek legislation to strengthen our ability to prevent terrorists from coming into the possession of the technology to encrypt their communications and data so that they are beyond the reach of law enforcement." This statement marks the first time that the Administration has suggested legislation to restrict encryption. This is especially troubling because it comes at a time of growing Congressional support for legislation to promote privacy and security tools for the Net. Of even more concern, the Administration is clearly attempting to use the recent suspected terrorist incidents to push for a new and more restrictive encryption policy. If the Administration succeeds in passing new restrictions on encryption as part of the new surveillance legislation, the future of the Internet as a secure and trusted platform for commerce and private communication will be threatened. Some or all of these provisions may be included in a package voted on by both houses by August 3rd. It is not clear what a final bill will look like, and some of these provisions may not be considered by Congress until later this summer. ---------------------------------------------------------------------- PARTICIPATING ORGANIZATIONS The following organizations all urge you to take this action to combat the surveillance initiatives. Check their pages for more background information on these issues. American Civil Liberties Union (http://www.aclu.org) American Communication Association Center for Democracy and Technology (http://www.cdt.org) Electronic Frontier Foundation (http://www.eff.org) EF-Austin (http://www.efa.org) Electronic Privacy Information Center (http://www.epic.org) Feminists for Free Expression National Libertarian Party (http://www.lp.org) National Writers Union (http://www.nwu.org/nwu/) People For the American Way (http://www.pfaw.org) Voters Telecommunications Watch (http://www.vtw.org) Wired Ventures Ltd. (http://www.hotwired.com) ======================================================================