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FBI requires ISPs to permit easy surveillance; EFF founder agrees
- Date: Thu, 18 Oct 2001 13:54:07 -0700
- To: politech@politechbot.com
- Subject: FC: FBI requires ISPs to permit easy surveillance; EFF founder agrees
- From: Declan McCullagh <declan@well.com>
[Obviously I'm not saying that Mitch Kapor, who co-founded EFF, is speaking
for EFF. He's no longer on the board and has been pretty silent on civil
liberty issues since the mid-1990s. But it is nevertheless disappointing to
see an early voice for online liberty appearing -- according to the below
report, at least -- to have abandoned principles for expediency. --Declan]
---
National Journal's Technology Daily
PM Edition
October 16, 2001
HEADLINE: PRIVACY: FBI To Require ISPs To Reconfigure E-mail Systems
PHOENIX -- The FBI is in the process of finalizing technical guidelines
that would require all Internet service providers (ISPS) to reconfigure
their e-mail systems so they could be more easily accessible to law
enforcers. The move, to be completed over the next two months, would cause
ISPs to act as phone companies do to comply with a 1994 digital-wiretapping
law. "They are in the process of developing a very detailed set of
standards for how to make packet data" available to the FBI, said Stewart
Baker, an attorney at Steptoe & Johnson who was formerly the chief counsel
to the National Security Agency (NSA).
The proposal is not a part of the anti-terrorism legislation currently
before Congress because the agency is expected to argue that the
Communications Assistance for Law Enforcement Act (CALEA) already grants it
the authority to impose the requirement, Baker said. He added that some
ISPs already meet the requirements.
Baker, who frequently represents Internet companies being asked to conduct
electronic surveillance for the FBI, made the revelation Tuesday in a panel
discussion at the Agenda 2002 conference here on how the Sept. 11 terrorist
attacks are likely to affect the technology industry and civil liberties.
He elaborated on the plan in an interview.
[...]
Mitchell Kapor, chairman of the Open Source Application Foundation and a
founder of Lotus Development, also spoke on the panel. Kapor also started
the Electronic Frontier Foundation (EFF) and has been a vocal advocate of
Internet privacy. EFF played a significant role in the CALEA debate, and
divisions over whether to support that law led to a split of the
organization. [...] "I find myself more in the middle than I used to
because my identity in life is not as a civil liberties advocate," Kapor
said. "Part is being an American and a world citizen." [...]
Kapor and Baker shared more common ground on the acceptability of new
electronic surveillance than they had in the past, with both expressing the
view that now is a time for calm reconsideration of positions rather than
butting horns over the details of how civil liberties would be curtailed by an
anti-terrorism bill.
[...]
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