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Burglary and Bribery Problems Persist at Local DMV Offices - Internal fraud and physical security have been a consistent problem at State Motor Vehicle Offices around the Country. CDT believes that this issue needs to be the top priority in driver's license security since it has posed the greatest threat and will continue to undermine all other security reforms at the DMV. CDT has created a new page tracking selected cases of burglary and bribery since September 11, 2001. Jan. 30, 2003
September 11 Terror Attacks Require Balanced Governmental Response. USA PATRIOT Act, Other Measures Miss the Mark. - Terrorism tests 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 on gov't responses to Sept. 11 CDT Statement on Sept. 11 attacks
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Homeland Security Law Threatens Privacy; CDT Pursues Oversight, Guidelines - Legislation to create the new Department of Homeland Security (DHS) passed by the House on November 13 and by the Senate on November 19 gives the new Department considerable authority for data collection and analysis, raising numerous privacy concerns. While ensuring national security is a critical priority, it can and should be done in a manner that upholds the principles of privacy and openness in American society. The proposed legislation includes provisions for the protection of privacy, including the creation of a Privacy Office, but will require rigorous oversight from Congress and the public in order to ensure that its implementation will be effective and well-focused. "Powerful intelligence agencies require powerful checks and balances," said CDT Director Jerry Berman. "This new department is part of a trend that involves more surveillance and sweeps of data about innocent people. Neither the President nor the Congress have answered any of the fundamental questions, including how this is going to work, what are the checks and balances, how will we know if it is effective, what data will be collected, and who will have access to it."November 20, 2002
Carnivore Oversight Measure Becomes Law - A special law has been enacted requiring the US Justice Department to report to Congress on use of the surveillance program known as Carnivore. Carnivore, which is supposed to sift large quantities of email looking for specific communications, generated a storm of concern when its existence became known in 2000. The new reporting provision requires reports for the years 2002 and 2003 on a wide range of details, including the number of times Carnivore is used, both to collect transactional data and to intercept the content of communications, and the number of persons whose communications are intercepted. The reporting requirement became law in Section 305 of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. No. 107-273, signed by the President on Nov. 2, 2002. The report for 2002 should be issued sometime in the Spring of 2003. November 18, 2002
Secretive Appeals Court Permits Wider Use of FISA - A special Foreign Intelligence Surveillance Court of Review ruled on November 18, 2002 that the USA PATRIOT Act gave the Justice Department the authority to use in criminal cases the special and in some ways looser rules created for foreign intelligence investigations. The court, which rejected arguments made by CDT, ACLU and others in a friend of the court brief, nevertheless emphasized that the law still required a finding of probable cause to believe that the target of the surveillance was an agent of a foreign power and was engaged in terrorism or activities in preparation therefore. But oversight is difficult, as many targets are never told they were the subject of surveillance. November 18, 2002
Markle Task Force Addresses Role of IT in Fight Against Terror - A national task force of experts in national security, information technology, and privacy organized by the Markle Foundation issued a major report, Protecting America's Freedom in the Information Age, on October 7. The report explores ways in which information technology can contribute to the fight against terrorism. Recognizing that the government needs to improve its intelligence analytic capability, the report recommends that privacy guidelines be developed for the expanded forms of data analysis (such as "data mining") that a number of government agencies are adopting in an effort to prevent terrorist attacks. The report also recommends that a privacy office be created at the Department of Homeland Security if it is established and that the new Department's data-handling practices be subject to ongoing privacy audits to ensure that data is responsibly handled. October 7, 2002
CDT, Other Privacy Groups Challenge Government Grab for Broad Wiretap Powers - In a groundbreaking court case, CDT, the American Civil Liberties Union and other leading civil liberties groups have urged a special panel of federal appeals judges to reject a Justice Department claim for broader surveillance authority in the name of fighting terrorism. The groups filed a "friend of the court" brief in a case in which the government is seeking judicial permission to conduct criminal investigations of terrorism suspects under the weaker rules reserved for foreign intelligence gathering. The public interest brief calls the DOJ theory an end-run around the Constitution. September 20, 2002
FBI Guideline Changes Promise More Surveillance, Less Purpose - On May 30, Attorney General John Ashcroft issued revised guidelines for FBI investigations. The new guidelines, which apply to all FBI investigations, lift restrictions on FBI data-gathering and allow investigations to continue for up to a year without any indication of criminal activity. The guidelines expressly allow the FBI to use Web surfing and data-mining, long applied in the course of criminal investigations, before any criminal activity is suspected, to generate suspicions and leads, threatening the innocent and potentially chilling political speech. May 30, 2002
CDT Testifies on CyberSecurity, Raises Concerns About Email Disclosures - Associate Director Alan Davidson testified Tuesday Feb. 12 before the House Judiciary Committee's Crime Subcommittee on HR 4382, The Cybersecurity Enhancement Act of 2001. The bill does not raise the sort of urgent privacy concerns of this Fall's anti-terrorism legislation, with one exception: Its "emergency disclosure" provision would dramatically expand the ability of government to obtain private emails without a court order. more February 14, 2002
House Passes Cybersecurity Funding Bill - The House of Representatives on February 7 passed H.R. 3394, the Cyber Security Research and Development Act. The bill authorizes funding for the National Science Foundation to create new cybersecurity research centers, undergraduate program grants, community college grants and fellowships. The bill also directs the National Institute of Standards and Technology to create new program grants for partnerships between academia and industry, new post-docs, and a new program to encourage senior researchers in other fields to work on computer security. The Act would authorize $880 million over five years for these new programs. At this time, there is no companion measure in the Senate. February 7, 2002
Computer Security Bill Approved by House - The U.S. House of Representatives on Nov. 27, 2001 approved H.R.1259, the Computer Security Enhancement Act. The legislation would put the National Institute of Standards and Technology (NIST) in charge of assisting federal agencies in protecting their computer networks. It would require NIST to promote federal compliance with computer information security and privacy guidelines, and assist in the federal response to unauthorized access to federal computer systems. In addition, the bill authorizes appropriations to fund fellowships for students in the field of computer security. The bill has no direct implications for Internet freedom, and its prospects in the Senate are uncertain, but its passage by the House represents the start of Congressional efforts to boost computer security in the wake of September 11. November 29, 2001
Thirty Nations Sign COE Convention on Cybercrime - On November 23, 30 nations, including the US, signed a cybercrime treaty at a ceremony in Budapest. The signing is a largely symbolic act, but it signals the finalization of the treaty and its opening for ratification or adoption by individual countries. The treaty, drafted by the Council of Europe with the participation of the US Justice Department, takes effect when ratified by 5 countries. In the US and other countries, the ratification process, by national legislatures, is likely to generate controversy over the treaty's surveillance provisions. In addition, the treaty is likely to be viewed as a model by countries outside of the 43-member Council of Europe. more November 26, 2001
Congress Passes Final Version of Surveillance Bill - The Senate today approved and sent on to the President an anti-terrorism package that would dismantle many privacy protections for communications and personal data. Many of the provisions are not limited to terrorism investigations, but would apply to all criminal or intelligence investigations. "This bill has been called a compromise," said Jerry Berman, CDT Executive Director, "but the only thing compromised is our civil liberties." more October 25, 2001
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