FC: Did FBI director Mueller lie to Senate about key logging?

From: Declan McCullagh (declanat_private)
Date: Fri Aug 10 2001 - 08:10:13 PDT

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    I'm a big fan of Thomas' work, but I don't think his article below makes 
    the case that our new FBI director lied to Congress.
    
    The 1992 CERT advisory -- Robert Mueller is listed in the acknowledgements 
    -- talks about keystroke logging of the form done by system and network 
    administrators. (http://www.cert.org/advisories/CA-1992-19.html) The 
    obvious methods at the time to do so were tools like tcpdump and even 
    printers hooked up in the way Cliff Stoll documents in the Cuckoo's Egg. 
    There's a big difference between monitoring what users are doing on a 
    multi-user, networked Unix system accessed entirely remotely and recording 
    what one person is typing locally on a Windows PC.
    
    Last week I posted the transcript of Mueller's comments before the Senate 
    Judiciary committee. In response to a question about the Scarfo monitoring 
    technology, which the FBi developed internally in the last few years, he 
    replied:
    
    http://www.politechbot.com/p-02341.html
    >MR. MUELLER: I'm not familiar with that new technology, have not had 
    >occasion to use it in our district. I read the same article that the 
    >senator read, with interest, because it was the first I'd ever heard if 
    >it. Until I know more about it, I really don't think I can commit one way 
    >or the other.
    
    Those comments seem to be truthful. I don't think the Scarfo technology -- 
    based on what we know of it -- is anything near what the CERT advisory is 
    talking about.
    
    -Declan
    
    *********
    
    From: "Thomas C. Greene" <tcgreeneat_private>
    Subject: FBI chief Mueller lied to Senate about key-logging
    Date: Wed, 8 Aug 2001 15:06:07 -0700
    
    
    http://www.theregister.co.uk/content/6/20894.html
    
    FBI chief Mueller lied to Senate about key-logging
    By Thomas C Greene in Washington
    mailto:thomas.greeneat_private
    
    New FBI chief Robert Mueller's testimony before the US Senate during his
    confirmation hearing last week, to the effect that he had no understanding
    of key-logging technology, sounded very wrong to us.
    
    We were hoping that he was just exhibiting naiveté when, under questioning
    from US Senator Maria Cantwell (Democrat, Washington State) about the FBI's
    prosecution of mobster Nicodemo Scarfo, Jr. by means of a black-bag job
    involving a key logger, Mueller claimed that he's "not familiar with that
    new technology, and [had] not had occasion to use it in [his] district."
    
    We figured that little gem had to be either a bald-faced lie, or evidence of
    his technical incompetence and consequent unfitness to lead the FBI in the
    21st Century.
    
    Naturally, we all prefer honest incompetence to active deceit, and we were
    hoping that the second explanation would prove right; but we're sorry to
    report that we've got evidence that actually Mueller knows a great deal
    about key-logging technology.
    
    If we consult the following advisory
    http://www.cert.org/advisories/CA-1992-19.html from the Computer Emergency
    Response Team (CERT) Coordination Center at Carnegie Mellon University, we
    find that Mueller contributed to a report on the legalities of installing
    key-logging technology on a network.
    
    The bulletin advises systems administrators that because key logging could
    be controversial (as the courts had yet to rule on its legality), it would
    be best to put a prominent banner warning users and intruders alike that
    their comings and goings will be monitored.
    
    The bulletin is dated December 1992, revised September 1997. Clearly,
    Mueller has been well acquainted with the technology he told Congress he
    knows nothing about.
    
    Sadly, it appears he lied to Congress. And even if he was splitting hairs,
    i.e., speaking of a very specific implementation of key-logging technology
    which he himself hasn't yet played with, he's still deceitful.
    
    He might have been a man about it, and declined to answer on grounds that
    the technology in question is currently being tested in the courts -- that
    is, in the Scarfo case. At least he would have shown some spine. But by
    fobbing off the question with a lie, or with a split-hair statement
    calculated to mislead the Senate, he's demonstrated that he's afraid of
    tough questions, and eager to take the coward's path out.
    
    It's a very sad symbol of his brand-new tenure, and a most horrible way to
    start it. ®
    
    
    
    
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