IP: U.S. House overwhelmingly approves Carnivore review

[David Farber <dave@farber.net>]

>Date: Mon, 23 Jul 2001 22:08:36 -0400
>To: politech@politechbot.com
>From: Declan McCullagh <declan@well.com>
>
>
>[This is part of a larger Justice Department bill, approved by at least 
>2/3 voice vote this afternoon. Background: 
>http://www.politechbot.com/cgi-bin/politech.cgi?name=carnivore --Declan]
>
>SEC. 306. REPORT ON DCS 1000 (`CARNIVORE').
>
>Not later than 30 days after the end of fiscal years 2001 and 2002, the 
>Attorney General and the Director of the Federal Bureau of Investigation 
>shall provide to the Judiciary Committees of the House of Representatives 
>and Senate a report detailing--
>
>(1) the number of times DCS 1000 (or any similar system or device) was 
>used for surveillance during the preceding fiscal year;
>
>(2) the Department of Justice official or officials who approved each use 
>of DCS 1000 (or any similar system or device);
>
>(3) the criteria used by the Department of Justice officials to review 
>requests to use of DCS 1000 (or any similar system or device);
>
>(4) a complete description of the process used to submit, review, and 
>approve requests to use DCS 1000 (or any similar system or device);
>
>(5) the specific statutory authority relied on to use DCS 1000 (or any 
>similar system or device);
>(6) the court that authorized each use of DCS 1000 (or any similar system 
>or device);
>(7) the number of orders, warrants, or subpoenas applied for, to authorize 
>the use of DCS 1000 (or any similar system or device);
>
>(8) the fact that the order, warrant, or subpoena was granted as applied 
>for, was modified, or was denied;
>(9) the offense specified in the order, warrant, subpoena, or application; and
>(10) the nature of the facilities from which, or the place where the 
>contents of, electronic communications were to be disclosed; and
>
>(11) any information gathered or accessed that was not authorized by the 
>court to be gathered or accessed.
>
>***********
>
>House to Place Reporting Requirement on Cybersnooping System
>
>         House Majority Leader Dick Armey lauded today's expected passage 
> of legislation that will bring accountability to the Internet 
> cybersnooping system formerly known as Carnivore.
>
>         "I'm pleased that Attorney General Ashcroft is performing a 
> thorough legal review of Carnivore," said Armey. "But I'm even more 
> pleased that today's legislation will provide additional accountability."
>
>         H.R. 2215, the Department of Justice (DOJ) reauthorization bill 
> is expected to pass in the House today.  The bill includes a committee 
> amendment authored by Rep. Bob Barr (R-GA) requiring the Attorney General 
> and FBI Director to provide Congress with a detailed report on all uses 
> of Carnivore.  The report must document the exact circumstances of the 
> system's use, including the statutory authority upon which the Department 
> relied.
>
>         In response to the privacy concerns raised by Carnivore, Attorney 
> General John Ashcroft recently appointed a senior DOJ official, Daniel P. 
> Collins, to examine the legal problems associated with the 
> system.  Collins is a former law clerk to Supreme Court Justice Antonin Scalia.
>
>         "Although this is not the end of the story, these are two steps 
> in the right direction," said Armey.
>
>         Carnivore is device that gives the FBI the capability of sorting 
> through all of the electronic communications that pass through a 
> commercial Internet service provider to which it is attached.  A year 
> ago, thirty-two Members of Congress joined in a letter to former Attorney 
> General Janet Reno asking her to suspend use of the system.
>
>***********
>
>FOR IMMEDIATE RELEASE                                           CONTACT: 
>Brian Walsh
>MONDAY JULY 23, 
>2001                                                     202-225-2931; 
>(877) 836-1325
>
>House Passes Barr Amendment Addressing Privacy Concerns
>
>Legislation Requires Justice Department to Disclose Use of
>
>Carnivore Surveillance System
>
>        WASHINGTON D.C. -- The House of Representatives earlier today 
> passed an amendment offered by Congressman Bob Barr (GA-7), requiring the 
> Justice Department to disclose use of the Department's Carnivore 
> surveillance system; an eavesdropping mechanism designed to monitor 
> Internet traffic.  Barr's amendment, which was offered to address 
> citizens' growing privacy concerns, passed as part of the annual 
> Department of Justice appropriations bill.
>
>         "With the rapid expansion of communications technology, more 
> private conversations than ever before are open to government 
> surveillance," Barr said.  "Over the past several years, I, and many 
> other citizens, have repeatedly expressed concern over the use of 
> expanded government surveillance systems, such as Carnivore.  Under the 
> Department of Justice's interpretation of current law, the FBI is allowed 
> to access virtually any e-mail, without probable cause.  That concerns me 
> a great deal, and this amendment will require the Justice Department to 
> fully disclose its use of this invasive surveillance technology."
>
>         The Barr Amendment directs the Attorney General to provide a 
> report at the end of Fiscal Years 2001 and 2002 to the Congress, 
> detailing: the scope of the Carnivore program; how many times it has been 
> approved for use during FY 2002; who at the Justice Department reviews 
> surveillance requests; and the criteria used for approving such requests.
>
>
>Barr, a former federal prosecutor, represents Georgia's Seventh 
>District.  He serves on the House Financial Services, Judiciary, and 
>Government Reform Committees.



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