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Why Did The FBI Retire Carnivore?

We posted earlier this week that the FBI has officially dropped Carnivore, its "privacy respecting" eavesdropping program. Now reader Throtex writes "Professor Orin Kerr at the George Washington University Law School, a member of the Volokh Conspiracy discusses why Carnivore came to be in the first place and why it really was terminated (about two years ago). Essentially, the media (as usual) got a bit carried away with a non-story: Carnivore was designed to protect your rights from being invaded while sniffing only suspect data. Carnivore was dropped because, as of two years ago, the available tools met the necessary privacy standards, as Prof. Kerr noted in his article about the PATRIOT Act published at the time."

23 of 321 comments (clear)

  1. ECHELON by the_mad_poster · · Score: 5, Insightful

    I would be more concerned about things like ECHELON anyway.

    Speaking of ECHELON, maybe the reason people get so carried away with conspiracy theories is that our government is so bloody set against telling its own people what it does. AFAIK, even though a couple of European countries on the ECHELON project have admitted their membership, the U.S. government continues to deny such a thing even exists.

    If this were a truly free country, we wouldn't have a government that's so hellbent on keeping things a secret. You can talk about the practical reasons behind keeping things secret to protect our interests and the people involved in the operations, but that doesn't change the fact that it makes the country non-free in the actual sense, and it gives people a very good reason to be jittery about snooping projects.

    When the government is known to clam up and hide things, how can you ever be sure it's telling you the truth about its projects and that they really do what they're saying they do?

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:ECHELON by chris09876 · · Score: 2, Insightful

      The problem is, if the government told people everything they did, everyone would revolt :) It's easy for governments to spend money, since it's other peoples money they're spending. Funding goes to all sorts of things that it shouldn't. It's too bad that countries are managed the way they are. You're right though, it is hilarious how governments continuously deny things that clearly exist. (Area 51?) It just makes people make up crazy stories try and have some idea of what they're hiding.

    2. Re:ECHELON by DaHat · · Score: 4, Insightful

      In some cases... albeit limited ones. Secrets must be kept in order to remain safe. Should Osama and crew learn all of the ways that we spy on them, they are liable to change their tactics and make it that much harder for us to try to foil them.

      Same goes for the Russians of years past. Had they known everything we were doing and knew about them, their view and response to us over time would be radically different.

      In short, for ANY government to function, it must have secrets and be able to keep them.

    3. Re:ECHELON by mirko · · Score: 5, Insightful

      Should Osama and crew learn all of the ways that we spy on them, they are liable to change their tactics and make it that much harder for us to try to foil them.
      Maybe they rebel because they don't like feeling they're being treaten like foes ?

      BTW, I try to contribute to your masters' information indigestion : for example, when they said they'd monitor who'd take the kosher menu on the planes, I began taking it. Later, my boss told they'd monitor the proxy activity, I just began leaving my webmail window open with a 1 minute refresh so that he'd get 20x60 hits every hour (there are 19 images on my webmail window) even when I was in meeting.

      Funny how he ended admiting this metric was just useless...

      Now, believe me : if people believe in metrics and figure to assert how criminally you act, just give them enough for their money.

      This police-state crap is just areason to off sucha system (insert Benjamin Franklin Gates quote here).

      --
      Trolling using another account since 2005.
    4. Re:ECHELON by Anonymous Coward · · Score: 1, Insightful

      Okay, mad_poster, since you're a trusted citizen of this country, here you go.

      We have a listening device hidden in the chair rail of an auxiliary conference room in the foreign ministry office of Kreblakistan in Prague. Through this device, we find out that there will be a black market sale of sarin gas to a group with loose ties to Hezbollah. The Kreblakistani government is unwilling to prevent this because, directly or indirectly, their government will get a cut.

      With this information in hand, a team of undercover CIA operatives (true names Mary Jones, John Robinson, and Bill Lucas, operating out of a small apartment at 14 Villa Piazza, Rome) are able to inflict a series of subtle logistical difficulties and are able to queer the deal, preventing terrorists from getting their hands on poison gas and making the Kreblakistani government squirm.

      The guy that puts these listening devices in is a CIA operative by the name of Steve Mann, alias Dieter Glockenspiel, who usually passes himself off as an employee of Deutsch Telecom. If you look him up on anywho.com, you'll see he lives at 3328 Falling Leaf Lane in Springfield, Virginia.

      Now, I'm sure you, as a resident of this country, understand how important it is that these details not reach the guys we're spying on. Sssssh....

    5. Re:ECHELON by Anonymous Coward · · Score: 5, Insightful

      Um, Osama got away with his attack in spite of any spying we were doing on him because when the president was notified of the threat he did nothing. Bush ignoring the August 6, 2001 Daily Briefing (more than a month before the attack) is one of the most ghastly mistakes in American history.

      Anyways, postulating that threats make secrets necessary is just fearmongering. It also doesn't explain why Dick Cheney still refuses to release the energy task force records. Nor does it account for the long list of information Bush is withholding from the American electorate.

    6. Re:ECHELON by Ironsides · · Score: 2, Insightful

      So tell me what he could have done that clinton couldn't have done. I also see nothing on there that says there was a terror attack iminent or that they planned on doing a suicide crashing of a plane into the world trade center.

      As for refusing to release records, EVERY administration has refused to release records.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    7. Re:ECHELON by AviLazar · · Score: 1, Insightful

      Great, so you like tying up the governments resources (read: waste our money) by giving them false leads.

      So while a government agent is checking you out, because you like to try and be suspicious, they cannot check out potential real criminals.

      The gov't needs its secrets to help protect its people - because guess what - the bad guy has secrets and they are out there. If you think the system is so corrupt and that no politicians can be trusted - maybe you should become one and start setting things straight WITHIN the system.
      Try working within the system to fix it, instead of hindering it. Your wannabe anarchist philosphy sucks.

      --

      I mod down so you can mod up. Your welcome.
    8. Re:ECHELON by Elwood+P+Dowd · · Score: 3, Insightful
      Should Osama and crew learn all of the ways that we spy on them, they are liable to change their tactics and make it that much harder for us to try to foil them.
      Maybe they rebel because they don't like feeling they're being treaten like foes ?
      Ok, that's some horseshit. There are many, many good and bad reasons that some people are terrorists. None of them are that after they become terrorists, we are secretive about the way we spy on them. What the fuck were you talking about? Is this just a nonsequitor?
      --

      There are no trails. There are no trees out here.
    9. Re:ECHELON by Dolly_Llama · · Score: 3, Insightful

      The major theme in the first part of the Bush presidency was the wholesale overturning of everything Clinton. Entire bodies of work were tossed aside because the Republicans saw them a priori to be incorrect. While it might be good to clean house, nothing was done in the counter-terrorism arena to set a better, or even new policy. How much effort was expended in the counter-terrorism effort between the inauguration and 9/11 even in the face of memos like the PDB. Not enough apparently.

      As far as records go, some are more secretive than others. Bush pegs the meter. Everything is considered national security or otherwise privileged. Even more suspicious is the extending of secrecy in the Presidential Records Act of 2001 just as the juicy bits of the Reagan Administration would have come to light. At the same time, some of the more questionable members of the Reagan Administration were getting new jobs in the Bush Administration. Poindexter comes to mind immediately, but is not the only one.

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

    10. Re:ECHELON by teromajusa · · Score: 2, Insightful

      Imagine what would have happend if Saddam knew we were going to look for him in the area he got caught? He would have probably moved to a new hole in the ground.

      Which would in turn have lead to continued instability in Iraq. There would still be roadside bombings, kidnappings, assasinations...uh...wait a minute!

      In the comic book world where the world is troubled by a handful of evil men, doing everything you can to catch them makes sense. In the real world, where many bad things happen in pursuit of good causes, you need to proceed cautiously or you may create evils worse than those you try to solve.

    11. Re:ECHELON by Hatta · · Score: 2, Insightful

      Your right I presume a lot. Please tell me which of the presumptions you do not believe in? Do you not believe there are evil people out there trying to hurt us?

      Yes, I do.

      Do you not believe we should stop them?

      Yes, I do.

      Please help me out with this

      I believe the people in question are in charge of multinational corporations and the US government.

      --
      Give me Classic Slashdot or give me death!
  2. Why Did The FBI make you think by Anonymous Coward · · Score: 1, Insightful


    who said they have retired anything ?, you might think its been retired hence its public knowledge, of course the truth is they havent retired anything

    the US gov is like a crack smoker when it comes to surveillance info, a few hits and they cant put the pipe down

  3. I'm not sure about the rest of you but... by b00st · · Score: 5, Insightful

    When I stop using a system it is usually because I have something better.

  4. Re:The reason why Carnivore failed... by hcdejong · · Score: 2, Insightful

    And how many developers would a. work on surveillance tools in their spare time, b. admit to doing a.?

  5. RTFA...this is not a good thing by Slightly+Askew · · Score: 5, Insightful

    You're rejoicing that the FBI retired Carnivore. What Carnivore allowed was the collection of information, then the decryption and analysis of that data with a court order. They retired it because USA PATRIOT allows them to just collect it the good old fashioned way...no encryption, no court order. Whomever, whenever they want. The difference is that now they can look for suspicious activity via eavesdropping instead of first having a suspicion and confirming it via eavesdropping. You are celebrating that the FBI has thrown away their lock picks and not realizing that Congress has removed all your doors.

    --
    Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
  6. The gist of his argument is that... by gillbates · · Score: 4, Insightful

    If you don't encrypt your email and web traffic, you have no "reasonable expectation" of privacy. Apparently, "addressing information" - that is, packet headers - are not a part of confidential communications, and as such, it does not represent an invasion of privacy to read them.

    While I understand his argument that PATRIOT merely made pre-existing wiretap laws apply to the internet, this fact alone doesn't make the existing laws right. For example, just knowing who called who when, even without revealing the details of content, does significantly invade one's privacy. In these times when someone can be detained simply because they "may have knowledge of a criminal act", divulging the websites a person visits is still too dangerous. Someone concerned about the rise of radical Islam could easily be detained as a "potential terrorist" simply because they did some independent research on Islam using the internet. Even scanning addressing information alone is too much power for a government in which the mere declaration that one is an "enemy combatant" can be used to arbitrarily deny one's civil liberties.

    --
    The society for a thought-free internet welcomes you.
  7. Conspiracy Theorists? by DuBey79 · · Score: 2, Insightful

    Please tell me that the owners of this site are not only hosting the site as a place for conspiracy theory... It disturbes me that one of the first article on the site references The Onion. -M@

  8. Wasn't used very much by rufey · · Score: 5, Insightful
    According to MSNBC, the FBI wouldn't have used Carnivor all that much if they were still using it.

    he FBI performed only eight Internet wiretaps in fiscal 2003 and five in fiscal 2002; none used the software initially called Carnivore and later renamed the DCS-1000, according to FBI documents submitted to Senate and House oversight committees. The FBI, which once said Carnivore was "far better" than commercial products, said previously it had used the technology about 25 times between 1998 and 2000.

    Carnivor was not a system designed to watch Internet traffic 24/7/365 and flag stuff that looked like potential usefull data on random people. It was used to monitor people who were already under investigation.

    I don't hear many people cry foul over a regular telephone wiretap, which is done for the same reasons under the same circumstances - they wiretap telephones of people who are already under investigation (I realize that Eschelon is different, but Eschelon is not a telephone wiretap on a suspect's phone. Its a wiretap on all communications, or so some people claim).

    And the Patriot Act does require a court order to do most things. Its just that its not the courts that we think about. Its a secret court. There have been articles on the very subject.

    I don't believe that the FBI simply randomly picks people to monitor and do searches of houses at random, etc. There is some "oversight", although to most of us, that "oversight" is secret (yes, that can lead to abuse).

  9. Or perhaps it has served its purpose. by porpnorber · · Score: 3, Insightful
    ...Or perhaps it has served its purpose. By now an entire generation of mathematical and computational linguists have been diverted, through government control of funding and its indirect global effects, from looking at language structure and semantics (using verifiable models, unlike, I am sad to say, many 'theoretical' linguists) that might eventually lead to plausible natural language understanding, into surfacy statistical methods useful for scanning vast amounts of text efficiently. Call me paranoid, but in my mind this serves a number of potential purposes:
    • it tightens government control of research in general
    • it shifts focus away from 'obscure' languages and promotes isolationism and (ironically) thereby supports cultural imperialism
    • likewise, it diverts effort away from tools that might be useful in translation
    • it diverts from work that could in principle radically improve text compression ratios (which is mathematically more important for secrecy than improved crypto algorithms, though this is rarely pointed out)
    • it helps refocus academia on providing short term benefits to military, intelligence and industrial applications and away from its own programme of building abstract and enabling knowledge.
    (At the risk of antagonising the community here I should also point out that Carnivore and its successors probably share with slashdot a huge problem that is widely perceived as a feature: that it actively reinforces its user community's notions of relevance. Surfacy, automated filtering is of course even more likely than human moderation to classify material by its rhetorical style than its actual content. In politics, indeed in support of any culture or subculture, this is perhaps a wonderful thing; in intelligence, a two edged sword of the worst kind - one that may explain how a number of things manage to slip under the radar.) But I can only leave you to judge.
  10. Maybe. by jd · · Score: 3, Insightful
    Part of the problem with that line of reasoning is that it becomes much harder to recognise when a problem has arisen. When problems ARE detected, it also becomes much harder to correct them, because you can't admit what it is you are correcting.


    The whole thing eventually comes down to security through obscurity - a somewhat dangerous philosophy.


    The British followed such a philosophy for years, not even admitting that MI5 and MI6 existed. Eventually, they realised that this offered zero additional protection. Those who were a threat already knew they existed and had probably infiltrated both, so the only ones being kept in the dark were the voters/taxpayers. They abandoned the cloak of secrecy and even published the name of the head of MI6. The world didn't explode, civilization didn't collapse, and people carried on pretty much as normal.


    In the case of Echelon, stating whether or not it exists wouldn't seriously hurt US national security. Those with secrets to hide are likely to already use a wide range of evasion and encryption techniques. Knowing that Echelon is out there, without knowing the details of how it works, wouldn't provide any information they wouldn't already be assuming to be true.


    What it does do is make it possible to correct any flaws in the system, as it currently exists. it wouldn't require anyone to say what those flaws were, or how the system works, but it would allow them to bill for fixing things.


    Carnivore, by all accounts, was superceded by commercial tools. Why? Did the FBI sack all of its software engineers, the day after the product went into service? Probably not. The official figures suggest that the product saw a steady decline in usefulness, which suggests that there was little or no maintenance or development. This likely started when the project was classified, as the available data suggests it had reached terminal decline by the time it was admitted to.


    There was absolutely nothing preventing the FBI from keeping Carnivore up-to-date. If they started ahead of everyone else, they should have remained ahead of everyone else. In fact, if they had programmers so good that they COULD start ahead of those who'd been working on the problem for some time, they should have INCREASED the gap between themselves and commercial vendors.


    They didn't. Well, you can hardly hire a contractor to fix an unacknowledged bug in a system you won't admit exists. The more secret you make these things, the harder it gets to get the bug reports from the users to the programmers.


    The problem with GOTS software (or hardware) is that there is an unstated assumption that problems will fix themselves if you bury them deep enough. That is why Carnivore became outdated, not some magical advancement by the commercial sector.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  11. For the same reason the CIA retired the Blackbird by karlandtanya · · Score: 2, Insightful

    They have something better. (Sattelites in the case of the SR-71).

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  12. Re:Why, exactly, should we believe this? by gad_zuki! · · Score: 2, Insightful

    Not to mention that blog is famous for leaning on the right side of politics, so its no surprise they would praise the Carnivore system and call the complaints of civil libertarians trivial.

    Its just some mostly Republican law junkies posting their opinions in a very fast and loose style. No citations, very little to oversight, no comments, etc. Its how not to run a political blog, but right wing blogs tend to have that kind of format (just tell us what to think!) as open commenting tends to hurt their carefully crafted strawmen and absurd ideological positions.