FC: FBI requires ISPs to permit easy surveillance; EFF founder agrees

From: Declan McCullagh (declanat_private)
Date: Thu Oct 18 2001 - 13:54:07 PDT

  • Next message: Declan McCullagh: "FC: Stu Baker replies to Politech post on ISPs and EFF founder"

    [Obviously I'm not saying that Mitch Kapor, who co-founded EFF, is speaking 
    for EFF. He's no longer on the board and has been pretty silent on civil 
    liberty issues since the mid-1990s. But it is nevertheless disappointing to 
    see an early voice for online liberty appearing -- according to the below 
    report, at least -- to have abandoned principles for expediency. --Declan]
    
    ---
    
    National Journal's Technology Daily
    
    PM Edition
    
    October 16, 2001
    
    HEADLINE: PRIVACY: FBI To Require ISPs To Reconfigure E-mail Systems
    
    PHOENIX -- The FBI is in the process of finalizing technical guidelines 
    that would require all Internet service providers (ISPS) to reconfigure 
    their e-mail systems so they could be more easily accessible to law 
    enforcers. The move, to be completed over the next two months, would cause 
    ISPs to act as phone companies do to comply with a 1994 digital-wiretapping 
    law. "They are in the process of developing a very detailed set of 
    standards for how to make packet data" available to the FBI, said Stewart 
    Baker, an attorney at Steptoe & Johnson who was formerly the chief counsel 
    to the National Security Agency (NSA).
    
    The proposal is not a part of the anti-terrorism legislation currently 
    before Congress because the agency is expected to argue that the 
    Communications Assistance for Law Enforcement Act (CALEA) already grants it 
    the authority to impose the requirement, Baker said. He added that some 
    ISPs already meet the requirements.
    
    Baker, who frequently represents Internet companies being asked to conduct 
    electronic surveillance for the FBI, made the revelation Tuesday in a panel 
    discussion at the Agenda 2002 conference here on how the Sept. 11 terrorist 
    attacks are likely to affect the technology industry and civil liberties. 
    He elaborated on the plan in an interview.
    
    [...]
    
    Mitchell Kapor, chairman of the Open Source Application Foundation and a 
    founder of Lotus Development, also spoke on the panel. Kapor also started 
    the Electronic Frontier Foundation (EFF) and has been a vocal advocate of 
    Internet privacy. EFF played a significant role in the CALEA debate, and 
    divisions over whether to support that law led to a split of the 
    organization. [...] "I find myself more in the middle than I used to 
    because my identity in life is not as a civil liberties advocate," Kapor 
    said. "Part is being an American and a world citizen." [...]
    
    Kapor and Baker shared more common ground on the acceptability of new 
    electronic surveillance than they had in the past, with both expressing the 
    view that now is a time for calm reconsideration of positions rather than 
    butting horns over the details of how civil liberties would be curtailed by an
    anti-terrorism bill.
    
    [...]
    
    
    
    
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