*DISTRIBUTE WIDELY* EPIC Statement on Digital Telephony Wiretap Bill The digital telephony bill recently introduced in Congress is the culmination of a process that began more than two years ago, when the Federal Bureau of Investigation first sought legislation to ensure its ability to conduct electronic surveillance through mandated design changes in the nation's information infrastructure. We have monitored that process closely and have scrutinized the FBI's claims that remedial legislation is necessary. We have sponsored conferences at which the need for legislation was debated with the participation of the law enforcement community, the telecommunications industry and privacy advocates. We have sought the disclosure of all relevant information through a series of requests under the Freedom of Information Act. Having thus examined the issue, EPIC remains unconvinced of the necessity or advisability of the pending bill. As a threshold matter, we do not believe that a compelling case has been made that new communications technologies hamper the ability of law enforcement agencies to execute court orders for electronic surveillance. For more than two years, we have sought the public disclosure of any FBI records that might document such a problem. To date, no such documentation has been released. Without public scrutiny of factual information on the nature and extent of the alleged technological impediments to surveillance, the FBI's claims remain anecdotal and speculative. Indeed, the telecommunications industry has consistently maintained that it is unaware of any instances in which a communications carrier has been unable to comply with law enforcement's requirements. Under these circumstances, the nation should not embark upon a costly and potentially dangerous re-design of its telecommunications network solely to protect the viability of fewer than 1000 annual surveillances against wholly speculative impediments. We also believe that the proposed legislation would establish a dangerous precedent for the future. While the FBI claims that the legislation would not enhance its surveillance powers beyond those contained in existing law, the pending bill represents a fundamental change in the law's approach to electronic surveillance and police powers generally. The legislation would, for the first time, mandate that our means of communications must be designed to facilitate government interception. While we as a society have always recognized law enforcement's need to obtain investigative information upon presentation of a judicial warrant, we have never accepted the notion that the success of such a search must be guaranteed. By mandating the success of police searches through the re-design of the telephone network, the proposed legislation breaks troubling new ground. The principle underlying the bill could easily be applied to all emerging information technologies and be incorporated into the design of the National Information Infrastructure. It could also lead to the prohibition of encryption techniques other than government-designed "key escrow" or "Clipper" type systems. In short, EPIC believes that the proposed digital telephony bill raises substantial civil liberties and privacy concerns. The present need for the legislation has not been established and its future implications are frightening. We therefore call upon all concerned individuals and organizations to express their views on the legislation to their Congressional representatives. We also urge you to contact Rep. Jack Brooks, Chairman of the House Judiciary Committee, to share your opinions: Rep. Jack Brooks Chair, House Judiciary Committee 2138 Rayburn House Office Bldg. Washington, DC 20515 (202) 225-3951 (voice) (202) 225-1958 (fax) The bill number is H.R. 4922 in the House and S. 2375 in the Senate. It can be referred to as the "FBI Wiretap Bill" in correspondence. Electronic Privacy Information Center 666 Pennsylvania Avenue, S.E. Suite 301 Washington, DC 20003 (202) 544-9240 (voice) (202) 547-5482 (fax) <info@epic.org> EPIC is a project of the Fund for Constitutional Government and Computer Professionals for Social Responsibility. =======================================================================