-Caveat Lector-

Civil liberties in the US threatened on two electronic fronts
By James Brookfield
31 August 1999
Use this version to print

Two US government initiatives made public over the past two weeks pose
dramatic threats to civil liberties. First, the Justice Department has
drafted proposed legislation to allow police to break into homes and
businesses in order to “wiretap” computers, capture passwords and install
devices to override security and encryption programs. Second, the Federal
Communications Commission has adopted new standards for cellular telephones
that will allow police to gather more information about callers, including
their approximate location and the nature of their discussions.

Word leaked out about the Justice Department legislation, the “Cyberspace
Electronic Security Act,” in a news report in the Washington Post of August
20. The report indicates that the proposed legislation will allow police to
obtain a warrant and enter a home or business unbeknownst to the those living
or working there. (Presently, most search warrants require notification to be
given before police enter.) Once the tapping device is installed and court
approval obtained, computer data files may be captured. According to the
article, the plan has already been reviewed by several government agencies
and is ready to be introduced for consideration by Congress.

The proposed law is intended to circumvent popular encryption programs that
are used to keep electronic communications private. These programs use “keys”
to scramble and unscramble messages sent over the Internet. At present, the
government is not able to crack the code used by the keys, so that even if it
intercepted a message, it could not read it. By installing a device on a
computer, government agents will be able to compromise this method of
encryption.

Earlier, the Clinton administration wanted to find an electronic means to
facilitate the interception and decryption of messages. But various proposals
under consideration involved measures that clearly undermined the security of
nearly all computer users (e.g., only allowing companies to distribute
encryption keys that could be cracked by the government, requiring computers
to use chips that could be accessed by the police, etc.). A new approach was
needed. Because the latest proposal (physical break-ins) requires a judge's
approval of a warrant, it will be presented as an “anti-crime” initiative
that will affect only those under investigation.

The proposal has already been condemned by civil liberties and electronic
privacy groups. The Center for Democracy and Technology said in a statement
on its web site: “The proposal is intended to eliminate a core element of our
civil liberties.” A senior staff counsel at the CDT, James Dempsey, told the
Post, “They have taken the cyberspace issue and are using it as justification
for invading the home.”

The cellular telephone decision came as part of a Federal Communications
(FCC) ruling on August 27. The FCC was empowered by a 1994 law, the
Communications Assistance for Law Enforcement Act (CALEA), to set down
technical standards that all cell phone companies must obey. The intent of
the law was to facilitate monitoring of cellular telephone calls by the
Federal Bureau of Investigations.

Prior to the new FCC decision, federal agents had already been able to
monitor calls, but the new rules give them additional wide-ranging powers.
These include: the ability to identify all participants in a conference call
in which a cell phone user is participating, the ability to listen in on such
conversations even after the cell phone user has hung up, and the ability to
track the physical location of the transmitter nearest the cell phone at the
beginning and end of a call, thereby turning the phone into a rough tracking
device. The ruling was seen as a clear victory for the FBI.

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