[This is part of a larger Justice Department bill, approved by at least 2/3 voice vote this afternoon. Background: http://www.politechbot.com/cgi-bin/politech.cgi?name=carnivore --Declan] SEC. 306. REPORT ON DCS 1000 (`CARNIVORE'). Not later than 30 days after the end of fiscal years 2001 and 2002, the Attorney General and the Director of the Federal Bureau of Investigation shall provide to the Judiciary Committees of the House of Representatives and Senate a report detailing-- (1) the number of times DCS 1000 (or any similar system or device) was used for surveillance during the preceding fiscal year; (2) the Department of Justice official or officials who approved each use of DCS 1000 (or any similar system or device); (3) the criteria used by the Department of Justice officials to review requests to use of DCS 1000 (or any similar system or device); (4) a complete description of the process used to submit, review, and approve requests to use DCS 1000 (or any similar system or device); (5) the specific statutory authority relied on to use DCS 1000 (or any similar system or device); (6) the court that authorized each use of DCS 1000 (or any similar system or device); (7) the number of orders, warrants, or subpoenas applied for, to authorize the use of DCS 1000 (or any similar system or device); (8) the fact that the order, warrant, or subpoena was granted as applied for, was modified, or was denied; (9) the offense specified in the order, warrant, subpoena, or application; and (10) the nature of the facilities from which, or the place where the contents of, electronic communications were to be disclosed; and (11) any information gathered or accessed that was not authorized by the court to be gathered or accessed. *********** House to Place Reporting Requirement on Cybersnooping System House Majority Leader Dick Armey lauded today's expected passage of legislation that will bring accountability to the Internet cybersnooping system formerly known as Carnivore. "I'm pleased that Attorney General Ashcroft is performing a thorough legal review of Carnivore," said Armey. "But I'm even more pleased that today's legislation will provide additional accountability." H.R. 2215, the Department of Justice (DOJ) reauthorization bill is expected to pass in the House today. The bill includes a committee amendment authored by Rep. Bob Barr (R-GA) requiring the Attorney General and FBI Director to provide Congress with a detailed report on all uses of Carnivore. The report must document the exact circumstances of the system's use, including the statutory authority upon which the Department relied. In response to the privacy concerns raised by Carnivore, Attorney General John Ashcroft recently appointed a senior DOJ official, Daniel P. Collins, to examine the legal problems associated with the system. Collins is a former law clerk to Supreme Court Justice Antonin Scalia. "Although this is not the end of the story, these are two steps in the right direction," said Armey. Carnivore is device that gives the FBI the capability of sorting through all of the electronic communications that pass through a commercial Internet service provider to which it is attached. A year ago, thirty-two Members of Congress joined in a letter to former Attorney General Janet Reno asking her to suspend use of the system. *********** FOR IMMEDIATE RELEASE CONTACT: Brian Walsh MONDAY JULY 23, 2001 202-225-2931; (877) 836-1325 House Passes Barr Amendment Addressing Privacy Concerns Legislation Requires Justice Department to Disclose Use of Carnivore Surveillance System WASHINGTON D.C. -- The House of Representatives earlier today passed an amendment offered by Congressman Bob Barr (GA-7), requiring the Justice Department to disclose use of the Department's Carnivore surveillance system; an eavesdropping mechanism designed to monitor Internet traffic. Barr's amendment, which was offered to address citizens' growing privacy concerns, passed as part of the annual Department of Justice appropriations bill. "With the rapid expansion of communications technology, more private conversations than ever before are open to government surveillance," Barr said. "Over the past several years, I, and many other citizens, have repeatedly expressed concern over the use of expanded government surveillance systems, such as Carnivore. Under the Department of Justice's interpretation of current law, the FBI is allowed to access virtually any e-mail, without probable cause. That concerns me a great deal, and this amendment will require the Justice Department to fully disclose its use of this invasive surveillance technology." The Barr Amendment directs the Attorney General to provide a report at the end of Fiscal Years 2001 and 2002 to the Congress, detailing: the scope of the Carnivore program; how many times it has been approved for use during FY 2002; who at the Justice Department reviews surveillance requests; and the criteria used for approving such requests. Barr, a former federal prosecutor, represents Georgia's Seventh District. He serves on the House Financial Services, Judiciary, and Government Reform Committees. *********** ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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