[NEWS] FBI To Require ISPs To Reconfigure E-mail Systems (fwd)

[Tim May]

On Wednesday, October 17, 2001, at 09:24 AM, Bill Stewart wrote:

> David Lesher <wb8foz at NRK.COM> sent the following to CYBERIA-
> L at LISTSERV.AOL.COM
> -------------------
>
> National Journal's Technology Daily
>
> PM Edition
>
> October 16, 2001
>
> HEADLINE: PRIVACY: FBI To Require ISPs To Reconfigure E-mail Systems
>
> PHOENIX -- The FBI is in the process of finalizing technical
> guidelines that would require all Internet service providers (ISPS) to
> reconfigure their e-mail systems so they could be more easily
> accessible to law enforcers.

I've never understood why this is not recognized by the courts as an 
ipso facto violation of the First Amendment.

Letters are speech, and e-mail is a letter. (There is no confusing stuff 
about "use of the public airwaves" as there is with radio and 
television, the putative reason for FCC regulation of radio and 
television.)

Requiring that a letter be in a certain form, or written in a particular 
language, would be a violation of the First Amendment.

Why is electronic communication any different?

It isn't.

It may be that Carnivore just has not been challenged properly in the 
courts. Sad that it may take such an expensive challenge, with years and 
years of watiing, and with an uncertain outcome (due to the ignoring of 
the C. by the Supremes).

> demonstration that the lack of appropriate law is a problem," Kapor
> said in an interview. But on the whole, Kapor and Baker shared more
> common ground on the acceptability of new electronic surveillance than
> they had in the past, with both expressing the view that now is a time
> for calm reconsideration of positions rather than butting horns over
> the details of how civil liberties would be curtailed by an
> anti-terrorism bill.

Kapor is just another Cathy Young, just another fellow traveller 
supporting the total state.


--Tim May, Corralitos, California
Quote of the Month: "It is said that there are no atheists in foxholes; 
perhaps there are no true libertarians in times of terrorist attacks." 
--Cathy Young, "Reason Magazine," both enemies of liberty.