RE: FBI announcement on email search 'Carnivore'

[Rodger, William]

Meyer wrote:
> 
> I guess this explains the FBI's opposition to the Verio 
> merger. I wonder
> if a colocation company or service provider could be forced 
> to disclose
> its participation in the Carnivore project. 

Not unless compelled by the government.


> There's been speculation about NSA black boxes in such facilities for
> years. The FBI, however, isn't quite as "above the law" as 
> the NSA likes
> to think it is. What would the legality of operation a random email
> sniffer be? 

It wouldn't be. The FBI needs to show a judge that email is at least
relevant to an investigation and, in most cases, there is probable cause to
believe a crime has been commited -- random emails don't fit that
description.

Then again, when email is more than six months old, the law says a judge
"shall" issue a court order for stored emails when subpoenaed by the
government. Many observers consider such language a rubber stamp.


Will Rodger                         Voice +1 703 558 3375 
Technology Reporter                   Fax +1 703 558 3981 
USATODAY.com                     http://tech.usatoday.com 
 PGP 584D FD11 3035 0EC2 B35C  AB16 D660 293F C7BE 3F62 

application/ms-tnef