Feds seek review of controversial Carnivore software

By MICHAEL J. SNIFFEN, Associated Press

WASHINGTON (August 24, 2000 10:03 p.m. EDT
http://www.nandotimes.com) - The Justice Department formally asked
outside experts Thursday to review whether the FBI's "Carnivore" e-mail
surveillance system has adequate protections against abuse.

The department posted a 63-page description of the technical review on its
Web site for bids by outside contractors. It hopes a major university will
undertake and complete the task this fall.

The technical review, to be followed by public comment and an internal
Justice Department review, is designed to present Attorney General Janet
Reno with recommendations by Dec. 8 on how to respond to criticism of
the system from Congress and privacy advocates.

David Sobel, counsel for the Electronic Privacy Information Center, a civil
liberties group, said that, while the review would be "a good exercise to
add to the knowledge about Carnivore, this review will not be able to
resolve all the questions, either technical or legal."

The Carnivore system, installed by the FBI on the network of Internet
service providers, has software that scans Internet traffic as it moves
through that provider's network. The FBI says it configures the software to
capture e-mail to or from someone under investigation and that court
orders limit which e-mails agents can see.

But privacy advocates say only the FBI knows what Carnivore can do, and
Internet providers are not allowed access to the system. They ask why the
FBI retains remote control of Carnivore equipment and doesn't just give it
to Internet providers so they can comply with court orders.

The government's review description said it wants to know:

- If the operators obey the law, will Carnivore provide agents with all the
information they ought to see, but only that information?

- Will Carnivore risk harming an internet service provider's network?

- Does Carnivore introduce new risks that FBI agents or others will gain
intentional or unintentional access to electronic communications they have
no right to see?

- Are Carnivore's operational procedures and built-in protections adequate
to prevent such unauthorized access?

Sobel said those questions "underscore the other question: Why is the
government refusing to suspend use pending review when there are all
these serious about its use? It seems irresponsible to keep using a system
that raises this many questions."

Assistant Attorney General Steve Colgate, head of the internal review
team, said the system remains in operation, under court orders and
general oversight by Justice Department lawyers.

Last month, FBI officials told Congress that Carnivore has been used 25
times, including in 10 national security and six domestic criminal cases this
year. None of the cases has gone to trial, so the FBI has not disclosed
details.

Prospective contractors were asked to submit proposals by Sept. 6. Reno
will pick one by Sept. 15. The contract is to be awarded Sept. 25. A report
is due by Nov. 17. And a final version of the report, incorporating public
comment, is due Dec. 8.

Sobel noted, however, that the entire technical review will not be made
public for comment. "There's a real question how much the public will see,"
he said.

The department said that as much of the report would be released as
possible, but not trade secrets of the contractors who developed it or
anything that would undermine "the effectiveness of Carnivore as a tool" for
law enforcement.

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