IP: GROUPS CHALLENGE FBI WIRETAP STANDARDS;

[Dave Farber <farber () cis upenn edu>]

http://www.eff.org/calea/2000/20000120_eff_calea_pr.html


Thursday, January 20, 2000

GROUPS CHALLENGE FBI WIRETAP STANDARDS;
SAY FCC DECISION THREATENS COMMUNICATIONS PRIVACY

WASHINGTON, DC -- Leading Internet privacy advocates today asked a federal 
appeals court to block new rules that would enable the FBI to dictate the 
design of the nation's communication infrastructure. The challenged rules 
would enable the Bureau to track the physical locations of cellular phone 
users and potentially monitor Internet traffic.
In a brief filed with the U.S. Court of Appeals for the District of 
Columbia Circuit, the Electronic Privacy Information Center (EPIC), 
American Civil Liberties Union (ACLU) and Electronic Frontier Foundation 
(EFF) say that the rules -- contained in a Federal Communications 
Commission (FCC) decision issued last August -- could result in a 
significant increase in government interception of digital communications.

The court challenge involves the Communications Assistance for Law 
Enforcement Act (CALEA), a controversial law enacted by Congress in 1994, 
which requires the telecommunications industry to design its systems in 
compliance with FBI technical requirements to facilitate electronic 
surveillance. In negotiations over the last few years, the FBI and industry 
representatives were unable to agree upon those standards, resulting in the 
recent FCC ruling. EPIC, ACLU and EFF participated as parties in the FCC 
proceeding and argued that the privacy rights of Americans must be protected.

Today's court filing asserts that the FCC ruling exceeds the requirements 
of CALEA and frustrates the privacy interests protected by federal statutes 
and the Fourth Amendment. Among other things, the Commission order would 
require telecommuni- cations providers to determine the physical locations 
of cellular phone users and deliver "packet-mode communications" -- such as 
those that carry Internet traffic -- to law enforcement agencies.
According to EPIC's General Counsel, David L. Sobel, "The FBI is seeking 
surveillance capabilities that far exceed the powers law enforcement has 
had in the past and is entitled to under the law. It is disappointing that 
the FCC resolved this issue in favor of police powers and against privacy."

Sobel said that the appeals court challenge "raises fundamental privacy 
issues affecting the American public. This case will likely define the 
privacy standards for the Nation's telecommunication networks, including 
the cellular systems and the Internet."
In a report issued last year, the ACLU warned that the Clinton 
Administration is using scare tactics to acquire vast new powers to spy on 
all Americans.

"If the FBI has its way, the only communications medium invulnerable to 
government snooping will consist of two soup cans and some string -- and 
even then, I'd be careful," said Barry Steinhardt, Associate Director of 
the ACLU.

"We are now at a historic crossroad," Steinhardt added. "We can use 
emerging technologies to protect our personal privacy, or we can succumb to 
scare tactics and to exaggerated claims about the law enforcement value of 
electronic surveillance and give up our cherished rights, perhaps -- forever."

"The government has been asking for more wiretapping authority than it has 
ever had before," explained EFF Director of Legal Services, Shari Steele. 
"Just as more of our communications are becoming digital, law enforcement 
is getting even greater access. Whatever privacy balance we may have 
achieved in the past is completely decimated by the FCC's interpretation of 
CALEA."

The privacy groups are being represented on a pro bono basis by Kurt Wimmer 
and Gerard J. Waldron, attorneys at the Washington law firm of Covington & 
Burling, and Carlos Perez-Albuerne, an attorney at the Boston law firm of 
Chaote, Hall & Stewart.

Oral argument in the court challenge to the CALEA standards is scheduled 
for May 17, 2000.

The Electronic Privacy Information Center (http://www.epic.org) is a 
non-profit research and advocacy organization based in Washington, DC. It 
was established in 1994 to focus public attention on emerging civil 
liberties issues and to protect privacy, the First Amendment, and 
constitutional values in emerging communications media.

The American Civil Liberties Union (http://www.aclu.org) is the nation's 
largest and oldest civil liberties organization. In its defense of the 
principles of the Bill of Rights, it advocates for both free speech and 
privacy rights.

The Electronic Frontier Foundation (http://www.eff.org) is a leading global 
nonprofit organization linking technical architectures with legal 
frameworks to support the rights of individuals in an open society. Founded 
in 1990, EFF actively encourages and challenges industry and government to 
support free expression, privacy, and openness in the information society. 
EFF maintains one of the most-linked-to Web sites in the world.

Background materials on CALEA, including documents filed by EPIC, ACLU and 
EFF with the Federal Communications Commission, are available at EPIC's 
website:

http://www.epic.org/privacy/wiretap/
As well as EFF's website:
http://www.eff.org/pub/Privacy/CALEA/1999/
More information about wiretapping, and the report "Big Brother in the 
Wires," can be found at the ACLU's website:
http://www.aclu.org/issues/cyber/wiretap_brother.html