'VOR

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".VOR"
Surveillance The Fourth Amendment
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Domestic Surveillance
Privacy has never been absolute Fourth
Amendment requires warrants for
unreasonable searches. - Exclusion rule -
Implicit balance between privacy
and order. - Limits Spying by the
Government
on Americans
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Comint
UKUSA
30 Nations
20 bn Worldwide
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Targets
Traditional Espionage
Russia Mid-East
Espionage Against Allies
French, Italians, Israel, Greeks Turks
Japan Trade Negotiations
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Targets
ctd. . .
Law Enforcement
Narcotics, money laundering,
terrorism, organized crime.
Economic Espionage
Commerce Department/ Office of of Executive
Support.
Leveling The Playing Field. Airbus,
Panavia
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Targets
ctd. . .
Domestic Politics?
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Intercepting Data
Commercial Carriers
Internet ISPs and Wiretaps
Packet Sniffers US Advantages
High Frequency Radio
Satellite downlinks Microwaves Covert
sources Undersea cables
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Intercepting Data
Fiber Optics The End of Wiretap?
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Processing Data
Origins of Echelon
How it Works
The challenge 8 Gbt/s/90,000 phone calls High
speed recorders and preprocessing. 2.5 Gbt/s
recorders 48 Gbt memory LANs and Satellites
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How it Works
Dictionary Computers - Keywords Topic
Analysis - Computer Data - Fax - Internet -
Voice
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Safeguards and Dangers
Safeguards
UKUSA Limitations NSA Statutory
Authority Commercial Use Expense
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Safeguards and Dangers
Dangers
Secrecy Mission Creep and Seductive
Technologies Organizational Imperatives
What Can Be Done?
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European Issues
Common Interests With US Domestic law
enforcement Overlap With UKUSA Competing
Programs Economic Competition - Bribes?
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The End?
Encryption Clipper Chip Hilfsinformationen
- CryptoAG, Microsoft, Netscape
Lotus Hacking Growth of Fiber Optic Networks
More Human Intelligence?
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Domestic Surveillance
Other Remedies Political and civil sanctions.
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Today's Ground Rules
What Can Todays Cops Do Without a Warrant? -
Informants Wearing a Wire - Following and
videotaping people. - Seizing
incident to arrest.
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Today's Ground Rules
Warrants Requirements - Shopping List -
Reasonable Cause - Why its there
and why its relevant. - Minimization -
Intrusiveness Duration
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Some 4th Amendment History
Early 20th Century Adjunct to 5th 1928
Olmstead Trespassing Analogy 1967 Katz
Subject Reasonable Expectation - The
Circularity Problem - Cell phone and baby
monitor intercepts government
trapdoors bank deposits over
15K. 2001 Kyllo
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Kyllo v. US
US Supreme Ct. 2001
To withdraw protection of this minimum
expectation would be to permit police technology
to erode the privacy guaranteed by the Fourth
Amendment. Ban is not tied to the quality or
quantity of information obtained.
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Wiretaps
Historical Abuses World War I The
Twenties DoJ Tries to Set Rules Harlan Stone
bans wiretaps (1924) William Mitchell lifts the
ban (1932) FCC Act (1934) Robert Jackson
FDR (1940) Hoover Bobby Kennedy
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Wiretaps
Legislation Omnibus Crime Control and Safe
Streets Act (1968) Foreign Intelligence
Surveillance Act (1980s)
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Wiretaps
Requires A Warrant - Article III Judge -
Least dangerous way to proceed -
Minimization - Judge reviews tapes within 10
days. - Much Harder Than . . . Breaking Down
Doors Wiretap in Europe
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Seizing Data
Personal Computers Bank Records Warrants,
Federal Grand Jury, Subpoenas. Consumer
Credit Records
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Carnivore
Design Goals - A Fallback Solution for ISPs
that cant provide real-time intercepts for 30
days at a stretch. - Packet Sniffing
Technology - Control Audit Trail - Chain of
Custody
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Carnivore
Nuts and Bolts - One Way Ethernet Tap -
Pentium Computer in Locked Space - Phone Line
PC Anywhere - Locked Jazz Disk - Packeteer,
CoolMiner Dragonware
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Minimization Software Options Message
Type Pen Register Fixed or Dynamic IP
Addresses Trap Trace Full Text Operator
Procedures Discarding Irrelevant Data
Carnivore
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Carnivore
Safeguards Mechanical - Access to Unit -
Access to Disk Hardware limitations - Cannot
Monitor entire networks - Does not affect ISP
performance - Cannot send or overwrite packets
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Carnivore
- Passwords - Access to unit - Access to
data files - Access to setting controls -
Audit Functions - Institutional Safeguards -
Who Can Apply for a Wiretap. - Technically
Trained Agents - TTAs
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Carnivore
Judicial Role - Authorization - Oversight -
Notice to Targets - Criminal and Civil
Sanctions The Exclusion Rule
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Carnivore
Limitations Vulnerable to encryption,
non-standard protocols. Limited to 60 Mbps
Cannot handle high throughput environments.