Eprivacy II: Recent Eprivacy Laws

1
Eprivacy II Recent Eprivacy Laws
2
Recap Clarifications (Umm. Corrections)
3
(Topics covered on blackboard)

• Review of Packet-switched network
• Why security at edges of network not enough
• Denial of Service and Distributed Denial of
  Service Attacks
• Packets as address and content
• Metaphor of envelope (visible) and contents
  (hidden)
• Address beyond IP address in content
• Metaphor of letter in letter
• Metaphor of messages between military bases

4
Wiretapping National Security The other side

• In Katz v. United States, the Supreme Court
  explicitly declined to extend its holding to
  cases "involving the national security."
• Congress in Title III stated that "nothing in
  Title III shall . . . be deemed to limit the
  constitutional power of the President to take
  such measures as he deems necessary to protect
  the United States against the overthrow of the
  Government by force or other unlawful means, or
  against any other clear and present danger to the
  structure or existence of the Government."

5
Foreign Intelligence Surveillance Act (1978)

• Electronic surveillance of foreign agents
  allowed under secret court order, given probable
  cause that target is agent of foreign power.
• No notice need be given
• Last time Evidence cannot be used in criminal
  proceedings.
• Correct Evidence can be used in criminal
  proceedings with qualifications. Under current
  law, any FISA investigation must have foreign
  intelligence information collection as its
  primary purpose. Crossing the primary purpose
  line for information collection (from
  counterintelligence to law enforcement) subjects
  the investigation and evidence to extensive legal
  scrutiny and policy concerns. (Source EFF)

6
Secret Court Says F.B.I. Aides Misled Judges in
75 Cases

• By PHILIP SHENON (NYT)
• WASHINGTON, Aug. 22, 2002 The nation's secret
  intelligence court has identified more than 75
  cases in which it says it was misled by the
  Federal Bureau of Investigation in documents in
  which the bureau attempted to justify its need
  for wiretaps and other electronic surveillance,
  according to the first of the court's rulings to
  be released publicly.
• The opinion by the Foreign Intelligence
  Surveillance Court, which was issued in May but
  made public today by Congress, is stinging in its
  criticism of the F.B.I. and the Justice
  Department, which the court suggested had tried
  to defy the will of Congress by allowing
  intelligence material to be shared freely with
  criminal investigators.

7
Pen Registers Packets
8
ECPA (1986)

• Electronic Communications Privacy Act (ECPA)
  (1986)
• Extends Title III wiretap protections to wireless
  phones, email, and computer-computer
  communications
• Extends requirement for subpoena (but not
  warrant) to pen registers
• Are Subject Headers Content or Address?
• Are URLs Content or Address?

9
CALEA (1994)

• Communications Assistance for Law Enforcement Act
  of 1994 (CALEA)
• Govt cannot mandate design of communications
• Companies must expedite wiretapping.
• FBI interprets to require that phone companies
  must add location tracking.
• FBI interprets to require a message channel must
  provide FBI with messages about target, even on
  unnamed equipment, beyond conversations.
• FBI proposes giving FBI all info, including
  content, of packets, with FBI promising to ignore
  content.

10
CARNIVORE Searching data packets
Source FBI (Carnivore animation)