-Caveat Lector-

From:

http://search.washingtonpost.com/wp-srv/WPlate/1999-11/10/110l-111099-idx.html


A Wiretap-Friendly Net?

Group Weighs Aid to Law Enforcement

By John Schwartz
Washington Post
11/10/99


The programmers and engineers who design and maintain the
Internet are heading for a showdown with the FBI over whether the
global computer network should be made wiretap-friendly.

The issue comes up tonight in meeting of the Internet Engineering
Task Force (IETF) in Washington. The group has been debating just
how far it should go to help law enforcement officials conduct
wiretaps--especially now that some telephone traffic is moving
onto the Internet.

Internet leaders have urged the task force to avoid taking action
that might make it easier to eavesdrop on the Internet. An open
letter signed by officials of such high-tech companies as Sun
Microsystems Inc. and PSINet Inc., as well as by privacy
advocates, cryptography experts and legal scholars, urged the
group not to build wiretapping capabilities into the network: "We
believe that such a development would harm network security,
result in more illegal activities, diminish users' privacy,
stifle innovation, and impose significant costs on developers of
communications,"  they wrote.

"It is not a good decision for the future of the Internet," said
Austin Hill, founder of Internet privacy company Zero-Knowledge
Systems and author of the anti-wiretap letter.

Also weighing in was Rep. Robert L. Barr Jr. (R-Ga.), who wrote a
letter to the task force's chairman, Fred Baker, calling on the
group to turn away any effort to allow wiretapping "for the sake
of protecting freedom, commerce, and privacy on the Internet."

Standing up to the FBI does not mean that the groups are
"anti-law enforcement," Barr said yesterday. "I don't think the
FBI should be able to dictate their technology simply because the
FBI wants to make it easier to tap into the Net," he said.

A working group within the task force kicked off the debate last
summer with an e-mail discussion of what features might be
necessary to make the Internet comply with wiretap laws. Baker
said the impetus for the discussion came not from the FBI but
from the companies that make equipment used in telephone
networks; those companies fretted that their products would have
to comply with federal wiretap laws for telecommunications
companies to buy them.

The debate has raged since then, with participants espousing
views across the political spectrum. Some take a view that
governments are inherently corrupt and wiretapping is evil;
others have suggested that compliance with government demands for
legal wiretap capabilities is inevitable, and that smooth
functioning of the Internet will be best served by designing
those capabilities in now instead of having them imposed by force
at a later date.

The task force's job is "to minimize harm to the Net as people
impose their requirements or work out their destinies on it,"
said Stewart Baker, a former general counsel for the National
Security Agency whose clients now include communications and
Internet companies grappling with wiretap issues.  "I think
nothing will come of it, and I think that's probably the right
result at this stage."

In fact, the group is likely to vote tonight against building in
the extra wiretapping capabilities, said one member of the task
force, Scott O.  Bradner of Harvard University. "The consensus on
the mailing list has certainly been against the IETF
participating in any special features," he said.

That action will almost certainly set the group on a collision
course with law enforcement. The federal law that requires makers
of high-tech telephone networks to design in wiretap
capabilities--a law known as CALEA--specifically excluded the
Internet. It was "one of the central compromises of CALEA," said
James X. Dempsey of the Center for Democracy and Technology, who
helped negotiate the law.

But FBI spokesman Barry Smith said that exception was written
into the laws after Internet service providers promised to
provide such capability, and said that pre-CALEA wiretap
provisions of Title 18 of the U.S. Code require the companies to
comply with legal wiretap requests.

Smith said those setting the standards should understand that
federal wiretap laws do in fact require them to design in wiretap
capabilities. "We have every confidence that the
technical-standards-setting bodies will fulfill that statutory
requirement," Smith said.

Baker said that the United States is not the only government that
wants the Internet to be wiretap-friendly. "There's similar
legislation driving this in other countries--and a lot more
invasive than CALEA . . . whatever we do has to stand on a global
stage," he said.

� Copyright 1999 The Washington Post Company

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