FC: U.S. House overwhelmingly approves Carnivore review

[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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