Re: CRIME Wiretapping WiFi

From: Duane Nickull (duane@private)
Date: Wed Oct 15 2003 - 11:11:15 PDT

  • Next message: Marcus: "Re: CRIME Wiretapping WiFi"

    Without sounding like a conspiracy theory nut, the Patriot act gives the 
    US government almost immutable and far reaching powers.
    
    Some are worried about the potential for a "sneak and peak" type search, 
    where an agency may probe into a communication to look for evidence of 
    some allegation without alerting any judicial body
    
    Sections 201 to 216 of the Act (*HR3162) define and grant such powers to 
    US agencies:
    
    Sec. 201. Authority to intercept wire, oral, and electronic 
    communications relating
    to terrorism.
    Sec. 202. Authority to intercept wire, oral, and electronic 
    communications relating
    to computer fraud and abuse offenses.
    Sec. 203. Authority to share criminal investigative information.
    Sec. 204. Clarification of intelligence exceptions from limitations on 
    interception
    and disclosure of wire, oral, and electronic communications.
    Sec. 205. Employment of translators by the Federal Bureau of Investigation.
    Sec. 206. Roving surveillance authority under the Foreign Intelligence 
    Surveillance
    Act of 1978.
    Sec. 207. Duration of FISA surveillance of non-United States persons who are
    agents of a foreign power.
    Sec. 208. Designation of judges.
    Sec. 209. Seizure of voice-mail messages pursuant to warrants.
    Sec. 210. Scope of subpoenas for records of electronic communications.
    Sec. 211. Clarification of scope.
    Sec. 212. Emergency disclosure of electronic communications to protect 
    life and
    limb.
    Sec. 213. Authority for delaying notice of the execution of a warrant.
    Sec. 214. Pen register and trap and trace authority under FISA.
    Sec. 215. Access to records and other items under the Foreign 
    Intelligence Surveillance
    Act.
    Sec. 216. Modification of authorities relating to use of pen registers 
    and trap and
    trace devices.
    
    
    Section 225 is particularly interesting to the original question since 
    it seemingly absolves all parties of liability to provide wiretap 
    information, including electronic sureillance against encrypted data (as 
    defined elsewhere int he act).
    
    (h) No cause of action shall lie in any court against any
    provider of a wire or electronic communication service, landlord,
    custodian, or other person (including any officer, employee, agent,
    or other specified person thereof) that furnishes any information,
    facilities, or technical assistance in accordance with a court order
    or request for emergency assistance under this Act..
    
    Duane Nickull
    
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