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Wiretap Overview

Overview Government Surveillance of Telephones and the Internet


Search & Seizure
The Dept. of Justice has written a manual on the rules for seizing evidence stored in computers. "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations"
Carnivore
Carnivore is a computer program designed by the FBI to intercept Internet communications.

CDT's Carnivore Reference Page


CALEA
The Communications Assistance for Law Enforcement Act of 1994 (CALEA) was supposed to preserve law enforcement surveillance capabilities in the face of technological chage, but the FBI has been trying to use it to claim control over the design of the telephone network to enhance its surveillance powers.

CDT's CALEA Reference Page


Roving Wiretaps
A roving wiretap order allows the government to tap any phone lines that a suspect may use.

-Congress Passes "Roving Wiretaps," Expands Surveillance Authority
-E-RIGHTS Bill (S. 854) tightens standard for roving taps


Echelon
Echelon is a secretive international surveillance system that operates outside of the normal limitations of the Constitution.

International Monitoring by US government


FIDNet
FIDNet is a comprehensive monitoring system intended to protect government computers, but it raises serious privacy concerns.

CDT's FIDNet Reference Page


CESA
CESA was a bill proposed by the Clinton Administration that would allow the government to seize decryption keys without notice to the user.

CDT's CESA Reference Page


Articles

   
Response to September 11, 2001 Terrorist Attacks
 
CDT joins the nation in grief and anger over the devastating loss of life resulting from the terrorist hijackings and attacks against the World Trade Center and the Pentagon. Responding to these attacks and the threat of future ones is testing our collective resolve to maintain the freedom, openness and diversity that defines and enriches our society. CDT believes that surrendering freedom will not purchase security, that democratic values are strengths not weaknesses, and that open communications networks are a positive force in the fight against violence and intolerance. more
USA PATRIOT Act
 
  • Final Version of the USA-PATRIOT Act [pdf] Oct. 26, 2001
     
  • Redlines prepared by the Electronic Commerce & Privacy Practice Group of the Washington, DC law firm of Piper Marbury Rudnick & Wolfe LLP, and others showing how existing law was modified by the USA PATRIOT Act
     
    • Changes to the posse comitatus law and to IEEPA, made by Title I of the USA PATRIOT Act [pdf]
       
    • Changes to the electronic surveillance laws (ECPA, FISA, and the Communications Act) and the federal anti-hacking statute (the Computer Fraud and Abuse Act), made by Title II and sections 814 and 815 of the USA PATRIOT Act [pdf]
       
    • Changes to the Bank Secrecy Act made by Title III, Subtitle B of the USA PATRIOT Act [pdf]
       
    • Changes to the forfeiture, counterfeiting, and other currency crimes statutes, made by Title III, Subtitle C of the USA PATRIOT Act [pdf]
       
    • Changes to the immigration laws made by Title IV of the USA PATRIOT Act [pdf]
       
    • Changes to the Right to Financial Privacy Act, the Fair Credit Reporting Act, the Computer Fraud and Abuse Act, 18 USC 2709, educational records privacy laws, the DNA Identification Act, and FISA, made by Title V of the USA PATRIOT Act [pdf]
       
    • Change to the statute concerning the RISS program, made by Title VII of the USA PATRIOT Act [pdf]
       
    • Changes to the criminal code, made by Title VIII of the USA PATRIOT Act [pdf]
       
    • Changes to miscellaneous statutes, including FISA, made by Title X of the USA PATRIOT Act [pdf]
       
  • Department of Justice's Section-by-Section Summary of the USA PATRIOT ACT (one phrase or sentence on each section)
     
CDT Summaries of Key Provisions of USA PATRIOT Act
 
Implementation of the USA PATRIOT Act and Other Anti-Terrorism Measures
 
  1. Analysis of USA PATRIOT Act by CDT and others - includes:
    • Analyses of USA PATRIOT Act as enacted
    • Analyses of Earlier Drafts of USA PATRIOT Act

  2. Implementation of Other Anti-Terrorism Measures [DOJ memos, government documents, analyses by CDT and others]. Includes:
  3. Homeland Security Department
     
  4. Congressional Oversight, Hearings and Legislation Introduced after the USA-PATRIOT Act - Nov. 2001 to present
    • Hearings, Questions and Legislation
    • Other Legislation

  5. Statements and Articles [mostly before enactment of USA PATRIOT Act on Oct. 26, 2001 - more recent materials are under Implementation, above]
     
  6. Testimony on USA PATRIOT Act
     
  7. Legislative History of the USA PATRIOT Act [early drafts and analyses]
     
  8. Groups Monitoring Implementation of Anti-Terrorism Measures
     
  9. Council on Foreign Relations Web Resource on Terrorism
1996 Anti-Terrorism Legislation
 


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