ACLU Files For Carnivore Info
Robert J. Berger writes: "A press release from the ACLU says they are using the Freedom of Information Act to seek all of the
codes, records, letters and memorandums related to the FBI programs dubbed 'Carnivore', 'Omnivore' and 'Etherpeek.' "The FBI is saying 'trust us, we're not violating anybody's privacy,"' said Barry Steinhardt, associate director of the ACLU. "With all due respect, we'd like to determine that for ourselves.""
EarthLink will do FBI's surveillances itself.
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Just skimming the Freedom of Information Act, one particular exemption catches my eye --
...would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law
I'd think the FBI might make the case that if the design of the *vore systems shows WHAT it monitors -- how it selects such -- then this clause might apply. Certainly, this would seem to allow the FBI to refuse to describe *which* ISPs are being monitored... But then, I'm neither a lawyer nor a Fed.
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