[Fwd: FPC-News - Senate OKs FBI Net Spying]
From: Zot O'Connor (zot@private)
Date: Mon Sep 17 2001 - 14:59:29 PDT
Next message: George Heuston: "FW: NIPC Advisory 01-021, "Potential DDoS Attacks""
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Zot O'Connor
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Here we go! Are you watching what is really going on or are you still
focused on the who did it of the media? Expect congress to give "law
enforcement" more freedom to do what it wants and less rights for USA
Citizens. Watch what Congress does in the next few weeks and who in
Congress that does it! Expect the UN to offer its services in the very near
future as well. We are headed for the One World Order at an accelerated
pace!
-- cut here --
Senate OKs FBI Net Spying
By Declan McCullagh
12:55 p.m. Sep. 14, 2001 PDT
WASHINGTON -- FBI agents soon may be able to spy on Internet users legally
without a court order.
On Thursday evening, two days after the worst terrorist attack in U.S.
history, the Senate approved the "Combating Terrorism Act of 2001," which
enhances police wiretap powers and permits monitoring in more situations.
The measure, proposed by Orrin Hatch (R-Utah - originator of the outrageous
"one bullet theory" of the JFK assassination) and Dianne Feinstein
(D-California), says any U.S. attorney or state attorney general can order
the installation of the FBI's Carnivore surveillance system. Previously,
there were stiffer restrictions on Carnivore and other Internet surveillance
techniques.
Its bipartisan sponsors argue that such laws are necessary to thwart
terrorism. "It is essential that we give our law enforcement authorities
every possible tool to search out and bring to justice those individuals who
have brought such indiscriminate death into our backyard," Hatch said during
the debate on the Senate floor.
Thursday's vote comes as the nation's capital is reeling from the
catastrophes at the World Trade Center and the Pentagon, and politicians are
vowing to do whatever is necessary to preserve the safety of Americans.
This week, Sen. Judd Gregg (R-New Hampshire) called for restrictions on
privacy-protecting encryption products, and Carnivore's use appears on the
rise. In England, government officials have asked phone companies and
Internet providers to collect and record all their users' communications --
in case the massive accumulation of data might yield clues about Tuesday's
terrorist attacks.
Under the Combating Terrorism Act, prosecutors could authorize surveillance
for 48-hour periods without a judge's approval.
Warrantless surveillance appears to be limited to the addresses of websites
visited, the names and addresses of e-mail correspondents, and so on, and is
not intended to include the contents of communications. But the legislation
would cover URLs, which include information such as what Web pages you're
visiting and what terms you type in when visiting search engines.
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.
During Thursday's floor debate, Sen. Patrick Leahy (D-Vermont), head of the
Judiciary committee, suggested that the bill went far beyond merely
thwarting terrorism and could endanger Americans' privacy. He also said he
had a chance to read the Combating Terrorism Act just 30 minutes before the
floor debate began.
"Maybe the Senate wants to just go ahead and adopt new abilities to wiretap
our citizens," Leahy said. "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."
By voice vote, the Senate attached the Combating Terrorism Act to an annual
spending bill that funds the Commerce, Justice and State departments for the
fiscal year beginning Oct. 1, then unanimously approved it. Since the House
has not reviewed this version of the appropriations bill, a conference
committee will be created to work out the differences.
Sen. Jon Kyl (R-Arizona), one of the co-sponsors, said the Combating
Terrorism Act would give former FBI Director Louis Freeh what he had lobbied
for years ago: "These are the kinds of things that law enforcement has asked
us for. This combination is relatively modest in comparison with the kind of
terrorist attack we have just suffered."
"Experts in terrorism have been telling us for a long time and the director
of the FBI has been telling us (to make) a few changes in the law that make
it easier for our law enforcement people to do their job," Kyl said.
It's unclear what day-to-day effects the Combating Terrorism Act would have
on prosecutors and Internet users. Some Carnivore installations apparently
already take place under emergency wiretap authority, and some civil
liberties experts say part of this measure would give that practice stronger
legal footing.
"One of the key issues that have surrounded the use of Carnivore is being
addressed by the Senate in a late-night session during a national
emergency," says David Sobel, general counsel of the Electronic Privacy
Information Center.
A source close to the Senate Judiciary committee pointed out that the
wording of the Combating Terrorism Act is so loose -- the
no-court-order-required language covers "routing" and "addressing" data --
that it's unclear what its drafters intended. The Justice Department had
requested similar legislation last year.
"Nobody really knows what routing and addressing information is.... If
you're putting in addressing information and routing information, you may
not just get (From: lines of e-mail messages), you might also get content,"
the source said.
The Combating Terrorism Act also expands the list of criminal offenses for
which traditional, court-ordered wiretaps can be sought to explicitly
include terrorism and computer hacking.
Other portions include assessing how prepared the National Guard is to
respond to weapons of mass destruction, handing the CIA more flexibility in
recruiting informants and improving the storage of U.S. "biological
pathogens."
___ Last updated: 6/17/2000 __________________________________________
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