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Time Warner To Comply With Wiretap Law
rekkanoryo writes "Time Warner Cable is taking steps to comply with the Communications Assistance For Law Enforcement Act, which requires telecommunications providers 'to help police conduct electronic surveilance.' Note that broadband providers are not yet required to comply with the law, but the FBI has stated its desire to force broadband providers under the law's jurisdiction. Invasion of privacy anyone?"
to 1984.
I have over 70 freaks, do you?
That's funny, on my other tabbed paged right now I'm reading about the formalities of moving to Canada
the US is becoming the feared bohemoth, in George Orwell's 1984.
Soon, everyone will have a camera in their homes, and there will be no escaping Big Brother.
no flamebait intended.
We're like rats, in some experiment! -- George Costanza
Now would be the time to get using PGP and similar software.
Broadband providers say the FBI's request would, for the first time, force cable providers that sell broadband to come under the jurisdiction of 1994's Communications Assistance for Law Enforcement Act (CALEA), which further defined the already existing statutory obligations of telecommunications carriers to help police conduct electronic surveillance. Telephone companies that use their networks to sell broadband have already been following CALEA rules.
Ok, fair enough I suppose. But the fact however, as has been pointed out here, is that not all programs are being written in the US. To make IM, VoIP, IRC, and or whatever other type of program that allows communication over IP have backdoors is bad enough. But to expect that every program on the planet has one is just downright silly. But, thats not really the bad part...
Under CALEA, police must still follow legal procedures when wiretapping Internet communications. Depending on the situation, such wiretaps do not always require court approval, in part because of expanded wiretapping powers put in place by the USA Patriot Act.
Bad, bad, bad. Is it so much to ask for due process here? I mean it's part of our own set of friggen laws. Is it so much to ask that the Feds follow the laws before they make new ones?
What happens if they don't comply? This is a serious case of "resistance is futile." Time Warner and the FBI are just playing their proper roles. Congress is the group that needs a clue.
Laws are for people with no friends.
So the article mentions new laws for cable and DSL. I wonder if they have covered their bases with wiretap laws for satellite ISPs?
I know little about how staellite internet access is set up beyond the cost and latency specs. Anyone know if there's less/more/similar difficulty involved something like direcway traffic? I would imagine they can still stick something like our friend "carnivore" at the direcway base station?
I'm really lonely since all I can talk to are my other friends who have VAX & VMS in their basement, but by golly nobody is wiretapping me!
None of this Tee Cee Pee Eye Pee for me!
Thomas
But is this really Time Warners fault? They are making provisions to comply with a law. Yes, it does not yet apply to them, but there is a good chance that it will and they are preparing for that. Shouldn't the real issue here be with the law, not the company?
But instead, they're kowtowing to the government, ensuring that we lose another of the few shreds of privacy we had left.
Organized resistance by individuals is great - but organized resistance by corporations (who should realize that, with all the corporate scandals, may be hurting themselves by giving more wiretap power to the government) would be fantastic and pretty much unstoppable.
Let's see a show of corporate brute force! Who's with me?
So, how do you tap something with 128bit or better encryption???? What happens when it gets to 512bit encryption???? Can the FBI really decrypt that to tap it???
Evolution or ID?
--Mike--
Move along people.
It was possible to wiretap anything 10 years ago. At about that time Cisco started shipping some cards that were too fast for capturing traffic on them in real time.
In 3-4 more years they deployed CEF which made NATing traffic to a remote server for collection not work either. Search the net for people swearing about D.O.S.track not working anymore.
The only reason for doing so was profit and that their gear did not have enough CPU. There was nothing about any bloody privacy.
As for one thing I will be very happy if the routers will be forced to have a working debug mode by law.
Baker's Law: Misery no longer loves company. Nowadays it insists on it
http://www.sigsegv.cx/
Invasion of privacy anyone?
Hurm... a quote from AskCALEA
"The law further defines the existing statutory obligation of telecommunications carriers to assist Law Enforcement in executing electronic surveillance pursuant to court order or other lawful authorization." (Emphasis mine)
Has pretty much the same restrictions as a phone tap, just applied to different media.
And you if think ** anything ** going across the internet is private you are quite mistaken.
That kind of thing won't work. At least not for the more sophisticated criminal networks, who will surely use encryption to do away with wiretapping.
It's like banning guns in the hope that criminals won't get them either. They will still do what they are used to do, but by other means.
Good Dog. I'm tired of this erosion of my rights. Yeah, 9-11 was a Bad Thing (tm) and something had to be done, but the situation is getting out of hand. It ain't just GWB, either. The lawmakers as a whole are either reacting to or catering to the fear factor.
Wiretapping has worked pretty well in the past... but with the proper legal steps taken first (court orders, whatever). Even this has been abused, but I can't see how wholesale wiretapping can be a good thing, ever.
So, guys, you prefer an environment where nothing is regulated, where criminals can do their jobs in peace without their privacy being invaded by the 'big bad guys' in law enforcement. Well, come to my country; we are new to democracy, I am sure you would feel more at home!
I'm convinced that a promising business venture would be a non-US ISP which would sell IPSec tunnels to anyone. The termination point would be outside the US and would preserve privacy.
Trolling is a art,
It seems like cable providers are clamping down on a lot of things. Wiretapping, hidden bandwidth limits, etc...
I'm sure all this can be applied to DSL users too, but I haven't ever seen it mentioned anywhere.
--
Real-time deal updates from many sources. About 400 deals a day!
I think it's time to call this section, "Your Lack of Rights Online".
*shakes head*
Sad, frustrated, and furrrrriously angry.
Quote: "Legal experts said the 85-page filing includes language that could be interpreted as forcing companies to build back doors into everything..."
How would they enforce this with regards to encryption technologies?
My point is if people have something to hide, then they will use whatever mechanism there is out there to hide it. Can authorities really achieve their goals by simply imposing wiretapping laws on broadband providers?
You seriously think any democratic candidate is going to CHANGE this? They're getting even bigger kickbacks from the media companies than the current administration.
"Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
prefered when the Illiminati ran the country!
LOL!
You're seriously delluded.
I put that clause in there for the "ballot box, soap box, bullet box" crowd. I don't believe in violent revolution (or non-violent revolution, for that matter) -hence the question.
Given some previous announcements of Time Warner to get into the phone biz (http://www.dslreports.com/shownews/36287 for one example), they would already be required to comply with wiretap laws. Nothing surprising here.
Don't blame the provider for the law. Blame your lawmaker.
Dump the IRS - http://www.fairtax.org
It's none of their business what I or anybody else does with a network. Just another great reason to encrypt your traffic. Seems like their just shooting themselves in the foot to me. My first instinct is to say let them go for it, but then the idea of "your tax dollars at work" comes to mind and on second thought I think it's a rather lame waste of money as all they'll see from me is line noise ;)
Some people are even using 'em to record themselves performing illegal acts. I'm against further invasion of privacy, but if we continue in this declared war without a visible end we'll see more and more of this. At no time in the US does the Executive Branch of government have more time than when the country is at war- hence the "war on drugs" and "war on terror" which cause people to let their common sense blow away on the winds of excessive brain-dead so-called patriotism.
Blech. Ok- now for the backlash!
Turn on those webcams! Stream video of everyone's life into the public domain! Record EVERYTHING YOU SEE and do! The information glut we could generate would overwhelm any monitoring system that could come out, I'm thinking. :) With the increased visibility of conduct and day-by-day infractions, maybe we could effect some reforms. Kind of hard to complain about the splinter in someones eye when you can see the timber in your own on HDTV.
An interesting novel, "Light of Other Days" by Arthur C Clarke and Stephen Baxter, explores the ramifications of such a system- most painful, but generally positive.
Makes ya think, which is almost never a bad thing. :)
Any generalization is a stupid one.
OK, I'm officially the crackpot at work, because I tell them to USE ENCRYPTION! Encryption costs basically nothing, there's no reason why anyone would host a website that didn't use, or at least offer SSL. Everyone out there should use encryption for everything. Get rid of telnet, use ssh, and sftp rather than ftp. Use SSL on your websites, etc.... Encryption literally costs nothing, there is no advantage to not using it, WHY DON'T YOU USE IT? If you're too stupid to protect yourself when doing costs you nothing, then maybe you never really needed rights to begin with.
I just don't understand. It's so incredibly easy to protect your rights in this area, do you want someone else to do it for you. Clicking a button renders all their BS moot. With the effort you spend complaining you could solve the problem, it's just a button click away.
If you want untappable phones, use VPN to run your VOIP from another jurisdiction, simple as that.
Privacy is your own responsibility. Even without the concern of government wiretaps, you have to assume that all your packets which pass through the public internet, may be watched by someone. Take away the government wiretap threat, and it's still irresponsible and reckless to not be using encryption.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
AOLTIMEWARNER: We are AOLTIMEWARNER. Resistance is futile.
FBI: Exterminate! Exterminate!
AOLTIMEWARNER: Your unique markets will be added to our own until all media is an even gray mass of mediocrity.
FBI: Exterminate! Exterminate!
AOLTIMEWARNER: And, um, we, uh, you know. Customer privacy and, um.
FBI: The only interest we have in privacy is its total extermination!
AOLTIMEWARNER: Yeeeah. Um, look, we're going to go over there for a while and-
FBI: Obey all FBI commands! Obey instantly! Obey without question! Obey! Obey! Obey! Obey! Obey! Obey! Obey!
AOLTIMEWARNER: Uh, OK.
FCC: Breasts are evil!
To quote the great Kurt Vonnegut, "...and so on."
--- Ban humanity.
...Gary Winston to spy on me now when I'm writing code. Then he's going to steal my work so he can finish Synapse.
--Mike--
C'mon people.
The internet is a PUBLIC network of public content. Where the hell does anyone get the idea that there is a concept of privacy involved here?
(This is not intended to be sarcastic, rhetorical, nor trolling.)
If you have (or seek) private information, encrypt it (or have it encrypted), (have it) wrap(ped) it in a
If you don't want the Government to watch what you are saying and/or doing, then don't give them anything to watch.
This isn't a Bush or Ashcroft thing... this is a technology thing. Any time technology is seen as capable of doing something, ANYTHING, you can bet someone will try do do so... without regard to whom is in charge.
The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
You have got to be kidding. It takes a court ordered search warrant just like it always has. This is merely the government keeping up with the technology criminals are using.
is there any actual way to encrypt your traffic so it can't be read? as for me I'm not disguising my voice on all phone calls using wave shifting and modulation algorithms. Prove that in court!
The words 'megacorporations' and 'good' do not belong together. That is like meeting your anti-self in a difference universe.. don't touch or the universe will explode!
Geez, with a nickname like that, you hardly have to tap his phone, eh? Bwah ha ha haaaa! Heee! I crack me up! I think I'll be Harvey "Destroyer Of Worlds" Birdman. Woo hoo!
I need to know one thing. Will all of this lead to me having phone sex with hot FBI babes? If so, then I support this product and/or service.
Yeah. Hot federal agentette on federal agentette action. Want me summa dat stuff. kupo.
--- Ban humanity.
A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order -
(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and
(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.This is stronger than the laws on wiretapping. This applies to both cable TV and "other services" provided by a cable TV operator.
If the cable operator owns its own ISP, then that ISP may also be subject to these restrictions.
Interesting.. It seemed so wrong when it was happening to my grandparents in Cuba. As a child, I was told to watch what I say (I was nine) when writing to my grandparents because my mail would be read by the Cuban government. At the time, I thought it was the craziest thing in the world--but it seems Americans are getting used to this sort of thing. Unfortunately, encryption wasn't an option. The Cuban government took my grandfather's secret decoder ring.
Invasion of privacy anyone?
Use Freenet.
Flame me if you want, but...
Half of the posts for this story go "It's none of their business! I'll just use encryption!"
So, if you don't want your junk being peeped just use encryption.Slashdot is one of the few communities that can handle advice like "encrypt your data". But it doesn't work both ways. I can't call up the parents and pull the ol' "Mom, it's time to start encrypting everything." And those same people are the people at risk the most for things like credit card fraud, etc.
So let the government look out for those that can't look out for themselves. And for those of you who are capable, what are you complaining about?
Sorry but no, just hands down no. There are billions of people in the world, so we all run around going "SIEG HITLER!" "YAY 9-11 ROCKED!"? No. It may sound amazing but some of us arn't out to bomb American, but we're being accused of being criminals when we have done nothing. If I look at porn or play a game, it's MY business, I'm not looking at little girls, I'm not looking at anything illegal. Leave me be with your laws because I upset some cop in the street so he wants to try and get me back for it. Also note that if this happens then RIAA get more ammo then they ever need, they could accuse everyone of downloading music (alot of cases would be true). They take it to court, they get a phonetap put on, you just got busted and are paying them for more lawsuits..
--- [Insert intresting Sig here]
The ease of wiretaps coupled with the ability for any government official to read the results makes the Patriot Act the strongest tool the government has ever had to monitor the population.
Check out the EFF Analysis Of The Provisions Of The USA PATRIOT Act for some more detailed information. Blame your Senators and Representatives who rushed this through to the president.
This ship has sailed. And it took away with your freedom, citizens of the U.S.!
The FBI is starting to come forward to claim its spoils...
Have you Meta Moderated t
Yeah, it's bullshit that they think they can get away with this, but this is where technology kicks them in the ass. See, there's a nice little something called encryption, and everything *CAN* be effectively encrypted.
Even standard HTTP browsing like Slashdot... just get a cert (no, don't get it signed), bam, encrypted. Besides, if you're just browsing different sites here and there, you don't really need a *signed* cert.
AIM has encryption now, and there's also WASTE. Email can be encrypted. So on.. so forth.
I'm sure there will be a lot of protocol changes that will introduce encryption if this retarded idea ever gets passed. And when they do.. the law will be useless.
We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
"access to communications infrastructure they need to protect our nation."
This phrase has been used before. Interesting - I thought the terrorist threat came from outside - not inside?
Could it be because of the old lame Shogun effect? The common enemy. Protect yourself by paying me to find problems that should worry you.
Are we still free? Are we still allowed to think that we are free?
Beware of the killer tomatoes.....
Because getting bush out will certainly chance the effects of a 1994 law right?
T Money
World Domination with a plastic spoon since 1984
*sigh* guess its time to break out the tin-foil hats...
This is my sig. There are many like it, but this one is mine.
As long as government officials can justify the comm. monitor there is no issue. The bigger issue is now it takes heresay rather than tangible proof. If this is allowable, why not allow home video monitoring, and vehicle monitoring? Then, when all the cameras are everywhere, no crime could go unpunished since it would conceivably be stored somewhere. And I prefer video phone sex, anyway. "It's time to start skimming the gene pool"
Wouldn't it be great if we could trust the US govt. that much? Unfortunately I feel hoodwinked by the entire Patriot trojan. There is no trust here...
Linux Forum
If they have a court order. Privacy isn't an ultimate and unbreachable right. Your home is private and the police have to stay out, unless they get a warrant. Then they are allowed to come in and search.
Wiretaps are likewise. They need a warrant, then they can breach the privacy of your communication. Now looking at this law, it's no different except that it applies to broadband. No problems there, laws need to be updated to meet the times.
The only problem would be if it allowed taps without a warrant, but I don't see that.
Unless you are participating in some criminal activity violating federal rules of electronic transmission and a variety of other schemes, how does this affect you? You use email, don't you? Carnivore already sniffs through that. Do you use a mobile phone or a landline? Echelon already snoops on you. BFD.
"Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
Isn't this exactly what AnonX promises? For $6/month, you can tunnel all of your traffic over an encrypted VPN to Vanatua and then to the Internet at large. Vanatua has excellent privacy protection, and AnonX doesn't keep any logs, anyway. The FBI's pressure on ISP's makes AnonX seem even more attractive.
Sometimes I worry that I'll develop Alzheimer's disease, but no one will notice.
Fifty bucks.
Perhaps PGP Freeware would fit the bill for the budget-minded slashdotter. (Also integrates with popular mail clients.)
American Megacorporations may own American politicians, but you still have a choice in where you spend your money.
use https, scp, rsync over ssh, stunnel. really the only thing i do that is not encrypted is read slashdot. when i send mail, i ssh to a server which i control. it's easy enough to set up your web server to use https, and i transfer everything using scp or rsync over ssh. i dont know much about irc.
-- john
Face it people, all this surveillance is going to happen. The government is going to have complete information about you and contrl over you in a few short years. The Internet can be a great tool for communication and education, just like television could have been. It can also be a tool for control, just like television is.
America is in the hands of the bad guys, and within our lifetimes we will have a totalitarian government ruling a flock of consumer/workers who generate wealth for the top 2%. Just like in the good old days, only with HDTV. It's pretty much that way now, but in the future it won't be a secret, and people won't really care as long as the can buy cheap gas, eat Big Macs and watch American Idol on a 42-incher.
I've come to the conclusion that it's just the way the human race works. Some people take charge because the rest let them. Unless you are one of those take-charge types, the best thing you can hope to do is take care of yourself, your family and other people you care about, stay under the radar and live as well as possible. Democracy is like every other good thing that survives until They Who Must Own Everything figure out how to hack it.
People are so quick to give up privacy for convience. Maybe people should read the agreements that they agree to. They (the people) regularly give up thier privacy everyday. If you don't have anything to hide; who cares?
Hand them over ofcourse. Despite the fact people in america do not get a fair trial. If you believe they do look a little bit closer at the system of plea bargaining, people are in jail in america without ever having been found guilty or even have had a trial in front of a jury or judge. Nice eh? Oh sure you can refuse the plea bargain. couple of years in jail vs life when you got no money and no experience with the legal system.
No I am afraid that the worst thing in the world that ever happened was the collapse of the soviet union. At least when they were around america had some opposition. Sure sucked if you lived in the soviet union but now the whole world is living in the US.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
I am afraid there are three kinds of people who don't like this. Criminals, loonies and people who think wiretapping is fine as long as their is a ton of paperwork signed by a judge and that is put out in the open after a certain period and that period being no more then a year.
Wiretapping is no different from them intercepting mail, phone tapping or bugging a place. All needed for them to do the job the normal people want them to do. Just make sure that it is open and in the public eye.
Digital wiretapping would make it too easy just to do a blanket sweep. Me being investigated because they think I killed someone is good, me being investigated because my income is in a certain target is bad.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
if you want "No More Hiroshimas" then I say "You First. No More Pearl Harbors."
Wiretapping falls under surveillance. Getting you to appear before the judge to defend yourselve against being tapped would be rather pointless. Surveillance works on the premise that the suspect doesn't know about it.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
--Mike--
Well, the good news is we all have access to encryption software-- but then again, the govt may already have quantum computing or something. Yeah, we're all screwed.
That is the crux of the issue. Yes it should be Ok to tap, if you get a signed court order from a judge. ( ie, having to make a case for the tap )
The problem is with these new 'taps' is that all the FBI/CIA/etc have to do is claim it has something to do with national security ( they dont even have to explain why ) and they get full access to your private transactions, papers, home, etc.
---- Booth was a patriot ----
This is a bad idea for several reasons, but the main one is that it may ( will ) attract attention to your self. Which in this day and age is NOT a good idea, regardless of how straight you are.
Once they 'notice' you, they will just bring out the big guns, and just tap your PC before its encrypted..
Eventually i can see general encryption becoming illegal and it wont matter what you are saying, even if its 'have a nice day' you get tossed in the can.
Remember, now the system operates on presumed guilt...
---- Booth was a patriot ----
bomb, plane, terrorist, nuclear, osama, arab, isreal, pakastan, iraq, sadam, bilogical weapons, anarchy.... *waits for knock on door by the FBI...*
presmike
The law was passed in 1994, the same year as the election the Republicans won the Congress. The new Congress began in January 1995, after the law was passed.
Clairfying that fact does not mean I support the Republicans. I say a pox on both their houses.
www.lp.org
Today, people question the American government -- except that a majority is either too apathetic to decide, or agree with what the government is doing.
With all the pressure on ISPs, doesn't it make you wonder how an ISP promising terrorist/pedophile grade anonymity can survive? You do the math.
Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.
Well to date many Americans have lost many freedoms in the name of a false sense of security. So that "Big Brother" can keep us safe. Instead of closing borders, and checking the imigrant population hell lets just become socialist. Thats what has happened to this country.
/. readers aware that under the Patriot Act any US born citizen suspected of terrorism can be held unjustly and indefinitely without being charged. How would you like it if some screw up landed you in the pokey for the next 20 years? It could happen.
I wanna know. Is the broadband wiretap so they can track "terrorists"? Who are these terrorists? Are
I hate politics. It'll start a fight quiker than a your mamma joke. But I think it's time the American people tell our leaders that enough is enough. Washington needs a check up from the neck up.
If the people don't follow then who do the leaders lead?
I am Bennett Haselton! I am Bennett Haselton!
because soon enough, we the citizens of the United States, will no longer be able to make our own decisions. We can leave it all up to our government, but whats new, we don't vote on sending our troops to war, we are relatively uninformed about what our government is doing, and our public officials are puppets to large corporations. But why should I worry, our economy is doing great, gas prices are going through the roof, thousands of professional jobs are moving to asia and our middle class has be disseminating for thirty years. I think the government is doing a great thing, thank you Bush for putting oil first. If it wasn't for our protectionalist attitude maybe other countries wouldn't hate us so much, and maybe our soldiers could be mothers and fathers to their children.
Math
Since when has the needs of the public mattered to the government?
Look around you, how many modern laws actually are *for* the people, instead of restricting them. Not many.
Especially lately, since its been a free for all attack on citizens rights.
---- Booth was a patriot ----
I'm not so sure. What would be the threat to an offshore ISP, based in a carefully chosen country (like Vanatua or SeaLand)? The FBI has no jurisdiction over the out-of-country ISP, so the FBI can't get anything useful from them, if the provider even logs anything useful. Remember, AnonX isn't bound by the CALEA regulations. The local, US-based ISP can open all of a subscriber's traffic to the FBI, but it's all encrypted packets from that perspective. The raw equipment and software to run the offshore ISP are basically fixed costs, and the cost of bandwidth roughly scales with the number of subscribers. On the contray, I think the encrypted VPN/IPSec providers may thrive. Of course, at least part of the new susbscribers may be pedofiles and terrorists, but that's just one of those consequences of secure anonymity.
Sometimes I worry that I'll develop Alzheimer's disease, but no one will notice.
-cp-
I disagree. How was 1984 about a war on society? Despite what we've been told, the word "war" has an actual meaning. Society was part of the problem in 1984. The loss of the individual in favor of the collective. Furthermore, we're all illiterate. We no longer understand the meaning of the word "war". We no longer understand the meaning of the word "patriot". The phrase "clean air" certainly doesn't mean what I was taught it meant. Certainly, the current meaning of the word "freedom" eludes me. I think Iraq would have come up with a constitution much more quickly if they had known they're completely meaningless.
Why do we let a couple hundred of people make all the decisions for billions? It seems to me the majority is apposed to what is happening lately around the world with invasion of privacy. And all us little ones still slave to capitolism and are slowly letting it become our one day prision. What has made all of us become so frightened of coming together? The only reason the ones on top wont join us is because if they dont have money, they have nothing. Option 1: Do nothing, and soon wont be able to do anything. Option 2: Do something, and at least you can do something.
How Section 220 Changed the Law
Before PATRIOT, the FBI could execute a search warrant for electronic evidence only within the geographic jurisdiction of the court that issued the warrant - for example, the FBI couldn't get a New York court to issue a warrant for email messages stored by your ISP in California.
After PATRIOT, courts can issue warrants for electronic evidence -- your email messages, your voice mail messages and the electronic records detailing your web-surfing -- anywhere in the country. Notably, Section 220 isn't reserved for terrorism-related investigations, despite the fact that PATRIOT was sold to the American public as a necessary anti-terrorism measure. Instead, it applies in any kind of criminal investigation whatsoever.
Why Section 220 Should Sunset
Section 220 significantly increases the chances that search warrants that fail to meet Constitutional standards will be used to search and seize your electronic communications:
* Section 220 allows the FBI to pick and choose which courts it can ask for a search warrant. This means it can "shop" for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no -- even if the warrant doesn't satisfy the strict requirements of the Fourth Amendment to the Constitution.
* By allowing courts to issue warrants to be served on communications providers in far-away states, Section 220 reduces the likelihood that your ISP or phone company will try to protect your privacy by challenging the warrant in court, even if the warrant is clearly unconstitutional. A small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it. Yet because you won't be notified if the FBI uses a warrant to get your electronic communications, your ISP is the only entity in a position to fight for your rights.
The FBI argues that having to secure search warrants from more than one court during an investigation is a waste of time. But local judicial oversight is a key check against unreasonable searches. Further, the FBI already has the ability to conduct emergency searches without a warrant when it doesn't have time to go to a local judge.
Even worse, Section 220 isn't necessary even to help combat terrorism -- PATRIOT section 219 already allows nationwide search warrants in terrorism-related investigations. In fact, the only practical result of Section 220 is less paperwork for the FBI -- at the expense of your Constitutional rights.
Conclusion
Section 220 threatens your Fourth Amendment right against unreasonable searches and seizures. EFF strongly opposes its renewal, and we urge you to oppose it, too. We also support the Security and Freedom Ensured Act (SAFE Act, S 1709/HR 3352) and encourage you to visit EFF's Action Center today to let your representatives know you support the bill.
I have thus far relied upon summaries, such as EFF's analysis of the USAPA, which obviously tends towards a particular viewpoint.
An even more brief summary seems to suggest at least two points you might be interested in:andIt looks like it might be section 202 of the USAPA that deals with "computer fraud and abuse offenses," which is one of those "fragment amendments" which I'm not up to copying/pasting/parsing.
So, as I understand it, the USAPA does not do away with the courts in the general case, but rather provides exceptions for requiring court approval including being "proximate" to a person under investigation and being suspected of "computer fraud and abuse offenses."
I also found a site called Slate that has an evaluation of the USAPA which might interest you.
It is also curious that your interpretation of the quoted passages seems very similar to how I understood the process to work prior to the Patriot Act, which begs the question of why this portion of the Patriot Act is necessary at all?
The word "patriotic" became meaningless as well when it took on the form of waving flags and singing the Star Spangled Banner. When dissent became "unpatriotic", patrotism was cheapened, left to describe only those who hold back on criticizing government.
Certainly, the current meaning of the word "freedom" eludes me.
Does the same to me. I'd like to define freedom as the ability and right to do anything one pleases without infringing on the rights of others. However, it is not really practiced that way in the U.S.
between this and the good, old-fashioned phone tap? They're just trying to keep up with technology.
Evil is the money of root.
Regardless, that still doesn't show where the police can get a wire tap without going to the courts first.
These were the courts before that could issue:
(2)
the term ''court of competent jurisdiction'' means -
(A)
any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals having jurisdiction over the offense being investigated; or
(B)
a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;
and this is what it is in the patriot act (bold mine)
(3) the term `court of competent jurisdiction' has the meaning assigned by section 3127(quoted above), and includes any Federal court within that definition, without geographic limitation.
So even courts without geographical limitation have to still fall under the definitions of section 3127.
But again, as I said, there is nothing which gives them permission to tap without court order.
T Money
World Domination with a plastic spoon since 1984
Wish I still had a moderator point for this post. This would be a +1 insightfull.
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ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
I would love to see encryption and anonymity thrive, but I doubt seriously that it will be allowed to become commonplace for U.S. citizens.
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