On Wed, 02 Aug 2000 15:03:32 -0700 Claudia K White <[EMAIL PROTECTED]> wrote:
Activist Mailing List - http://get.to/activist



Its a Federal Offense for someone to steel and open regular mail, although the FBI 
frequently rips-off US Cititzens mail,  so why should it be LEGAL for them to read 
email... I know personally my email is regularly messed with including being read (as 
you can tell when someone opens an email the print changes color) and font viruses 
added as to cut-off the message enclosed.. It will be interestion to see how the court 
rules.

Judge Orders Emergency Hearing on Carnivore
Forwarded fom Lycos News
Wednesday, August 02, 2000


By Jim Wolf

WASHINGTON (Reuters) - A federal judge ordered an emergency hearing on Wednesday on a 
privacy rights group's request for the immediate release of details on Carnivore, the 
Federal Bureau of Investigation's e-mail surveillance tool.

The Electronic Privacy Information Center (EPIC), in its application to the judge, 
accused the FBI and the U.S. Justice Department of breaching the law by failing to act 
on a request for fast-track processing of a Freedom of Information Act query about the 
snooping system.

In July the FBI told Congress Carnivore is designed to intercept data from the 
electronic mail of a criminal suspect by monitoring traffic at an Internet service 
provider. EPIC wants the FBI to disclose how it works.

U.S. District Judge James Robertson set the hearing for 3:30 p.m. (1930 GMT) at the 
federal courthouse in Washington.

Attorney General Janet Reno said last week that technical specifications of the system 
will be disclosed to a "group of experts."

In an open letter, 27 House Republicans and one Democrat urged Reno last week to 
suspend use of Carnivore until the privacy issues it raised were resolved.

"People should feel secure that the federal government is not reading their e-mail, no 
matter how worthy the objective," House Republican leader Rep. Dick Armey of Texas and 
co-signers wrote.

The FBI had no immediate comment on the emergency hearing. The Justice Department did 
not immediately respond to requests for comment on the move to compel release of "all 
records" on Carnivore. The American Civil Liberties has also filed a FOIA request for 
details on Carnivore, including the software code.

The FBI has likened the system to a traditional wiretap in that both require a court 
finding of probable cause before surveillance may be undertaken.

At least three bills have been introduced in Congress that would clarify legal 
standards applying to interception of e-mail.

David Sobel, general counsel of the Washington-based privacy center known by its 
acronym EPIC, said there was no substitute for a full and open public review of the 
Carnivore system.

"Unless the public gets access to relevant information, we will not have a fully 
informed debate on these issues," he said in a telephone interview.

EPIC filed its initial FOIA request on July 12. Six days later it asked the Justice 
Department to expedite the pending query on the ground that it had become a matter of 
exceptional news media concern raising questions about "the government's integrity 
which affect public confidence" -- one of the legal standards that qualifies a request 
for "expedited processing."

Despite a 10-day statutory time limit to answer requests for accelerated processing, 
Sobel said the Justice Department failed to respond to EPIC's request. The 10 days ran 
out on Friday, he said.

"If there was ever a request that qualified for expedited treatment, this is it," 
Sobel added.

Although Carnivore reportedly "sniffs" or scans all traffic at an Internet Service 
Provider once it is installed by court order, the FBI says only the data or messages 
relevant to a criminal investigation get stored and reviewed.

All other information it sifts through is discarded, Donald Kerr, director of the FBI 
lab that developed Carnivore, told Congress at a July 24 hearing.

Some lawmakers suggested the tool may infringe on the Fourth Amendment to the 
Constitution, which protects Americans from unreasonable search and seizure.




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