[iwar] [fc:DOJ.brewing.expansive.anti-terror.proposal]

From: Fred Cohen (fc@all.net)
Date: 2001-09-21 18:41:51


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Subject: [iwar] [fc:DOJ.brewing.expansive.anti-terror.proposal]
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DOJ brewing expansive anti-terror proposal 
By Doug Brown, Interactive Week, 9/21/01
<a href="http://www.zdnet.com/eweek/stories/general/0,11011,2813652,00.html">http://www.zdnet.com/eweek/stories/general/0,11011,2813652,00.html>

The U.S. Department of Justice wants its wiretapping and other
surveillance capabilities vastly expanded, with the Internet and other
modern communications technologies among the targets of the government's
new war on terrorism, according to experts who are familiar with a new
Department of Justice proposal. 
The proposal should be officially released on Thursday said a DOJ
official. It would apply telephone wiretapping rules to the Internet and
it would formally endorse Carnivore, the e-mail surveillance tool of the
department that has been vehemently denounced by civil liberties
advocates since its discovery last year, said David Sobel, general
counsel for the Electronic Privacy Information Center. 
Until now, Attorney General John Ashcroft had not announced whether he
would permit the use of Carnivore. 
The pending proposal has spawned the birth of an unlikely confederation
of organizations ranging from the left-leaning American Civil Liberties
Union to the staunchly conservative Free Congress Foundation called the
In Defense of Freedom coalition. 
Alarmed by the fevered race toward passing anti-terrorism legislation,
much of which could affect civil liberties, coalition members have
banded together to try to persuade lawmakers to slow down. 
Sobel said he had been studying drafts of the document throughout the
day Wednesday. Late Wednesday, he said sources in the department told
him the drafts were "changing hourly." 
"I think it's going to take some time to see the final introduced
version and to fully analyze the potential impact on communications
privacy," he said. "But the early indications are that the proposal is
far reaching, and it remains to be seen whether a need for these
sweeping changes can be demonstrated." 
Particularly troubling, said Sobel, are attempts to remove the
traditional line between domestic law enforcement and foreign
intelligence. 
One lawmaker, Sen. Patrick Leahy, D-Vt., chairman of the Judiciary
Committee, plans to submit legislation this week with the dual aim of
protecting civil liberties while still giving law enforcement sufficient
surveillance rights, said spokesman David Carle. 
Carle said Leahy is "working as rapidly as humanly possible" on
proposals to temper the Aschcroft proposal, but added that "it's a
mistake to set artificial deadlines on this legislation, particularly
with the delicate balance between civil liberties and law enforcement"
under enormous pressure to shift. 
The Senate has already passed one anti-terrorism amendment to the
Commerce-Justice-State appropriations bill that expands the wiretapping
and cybersurveillance powers of law enforcement officers. 
"There's a lot of stuff here that needs to be publicly debated," said
Mike Godwin, a policy analyst with the Center for Democracy and
Technology. He said the package of legislative proposals was highly
complex, and he was taking it home with him after work to read. 
Civil liberties activists like Sobel and Godwin are frantically trying
to obtain and digest updated versions of the document before it
captivates lawmakers, who could pass the legislation as quickly as they
choose. Earlier this week, Ashcroft urged lawmakers to pass the
legislation by the end of the week. But Sobel said that's unlikely to
happen. "I'm hearing late [Wednesday] that the attempt to rush this
through has subsided," said Sobel. "It sounds like they have backed off,
and there will in fact be hearings."

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