FC: U.S. House overwhelmingly approves Carnivore review

From: Declan McCullagh (declanat_private)
Date: Mon Jul 23 2001 - 19:08:36 PDT

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    [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.
    
    ***********
    
    
    
    
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