Everyone talks about the DTII Act's allowing the monitoring of 'call setup information' without a warrant. I can't seem to find where exactly in the text of the Act is this stated. All paragraphs about call setup information mention the requirement of 'court order or lawful authorization,' exactly as required for interception. These include Section 3a(1)-(4) defining the 'assistance requirements' of common carriers, as well as 3i(7), which defines 'call setup information':
(7) 'call set up information' shall mean the information generated which identifies the origin and destination of a wire or electronic communication placed to, or received by, the facility or service that is the subject of a court order or lawful authorization, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ including information associated with any telecommunication system dialing or calling features or services;
In the EFF's section-wise analysis of the draft bill last month, there was no indication of any loopholes in the 'lawful authorization' bit. The only thing I noticed was the 'routability exceptions' in Section 3a(4) allowing monitoring at the common carrier's premises about which the EFF analysis said:
The exceptions to this "routability requirement" occur when a criminal or intelligence emergency pre-empts the normal process of seeking an order, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ or when there is an attempt by the person committing an offense to thwart interception by changing facilities. These types of situations are provided for under current law.
However, it seems clear that (a) this is exceptional and (b) it is equally applicable to *both* call setup as well as interception. What I want to know is whether I'm missing any basis *in the Act itself* for this assumption of CS information without authorization? If not, is there any other *specific* basis, such as that for the possible outlawing of encryption in the statement that "there is no constitutional guarantee to unbreakable crypto?" -------------------------------------------------------------------------------- Rishab Aiyer Ghosh "What is civilisation rishab@doe.ernet.in, rishab@dxm.ernet.in but a ribonucleic Voicemail +91 11 3760335; Vox/Fax/Data 6853410 hangover?" H-34C Saket New Delhi 110017 INDIA --------------------------------------------------------------------------------