IP: out of time order read this first RE: Senate votes to permitwarrantless Net-wiretaps, Carnivore us e (fwd)

[Eugene Leitl]

-- Eugen* Leitl <a href="http://www.lrz.de/~ui22204/">leitl</a>
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---------- Forwarded message ----------
Date: Fri, 14 Sep 2001 20:51:50 -0400
From: David Farber <dave at farber.net>
Reply-To: farber at cis.upenn.edu
To: ip-sub-1 at majordomo.pobox.com
Subject: IP: out of time order read this first RE: Senate votes to permit
    warrantless Net-wiretaps, Carnivore us e


>Date: Fri, 14 Sep 2001 19:59:39 -0400
>To: farber at cis.upenn.edu, ip-sub-1 at majordomo.pobox.com
>From: Declan McCullagh <declan at well.com>
>
>Cc: SAlbertazzie at steptoe.com, SBaker at steptoe.com
>
>Dave,
>I'm glad to see Stu joining the civil libertarian crowd. He's right, of
>course, that there are reasons to be uneasy about the new "Combating
>Terrorism Act."
>
>Current law permits specific Justice Department officials to authorize
>meatspace telephone pen register and trap and trace devices without a
>court order in two circumstances. Here's an excerpt from the U.S. Code:
>
>http://www4.law.cornell.edu/uscode/18/3125.html
>>an emergency situation exists that involves immediate danger of death or
>>serious bodily injury to any person [or] conspiratorial activities
>>characteristic of organized crime
>
>This bill does three things of note:
>
>1. It adds "U.S. Attorney" to the list of officials who can authorize
>warantless surveillance.
>
>2. It expands the "emergency situation" rule beyond serious bodily
>injury/organized crime. I described this in my article:
>http://www.wired.com/news/politics/0,1283,46852,00.html
>>Circumstances that don't require court orders include an "immediate
>>threat to the national security interests of the United States, (an)
>>immediate threat to public health or safety or an attack on the integrity
>>or availability of a protected computer." That covers most computer
>>hacking offenses.
>
>3. It rewrites pen register/trap and trace law and moves it from the
>telephone world to explicitly cover computer networks as well, which would
>permit Carnivore's use under this section (when operated in
>trap-and-trace/pen-register mode). Here are some excerpts from the bill:
>
>http://www.politechbot.com/docs/cta.091401.html
>>The order shall, upon service of the order, apply to any entity providing
>>wire or electronic communication service in the United States...
>>inserting ``, routing, addressing,'' after ``dialing''... by striking
>>``call processing'' and inserting ``the processing and transmitting of
>>wire and electronic communications''...
>
>Now, whether all this is, as Stu blandly suggests, "a bit alarmist," is up
>to IPers to decide. But I think Senator Patrick Leahy, the chairman of the
>Senate Judiciary committee, put it well during the floor debate last
>night. Here's a quote from the Congressional Record.
>
>http://www.fas.org/sgp/congress/2001/s091301.html
>>LEAHY: Maybe the Senate wants to just go ahead and adopt new abilities to
>>wiretap our citizens. Maybe they want to adopt new abilities to go into
>>people's computers. Maybe that will make us feel safer. Maybe. And maybe
>>what the terrorists have done made us a little bit less safe. Maybe they
>>have increased Big Brother in this country.
>
>-Declan



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