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Wiretap Overview

Overview Government Surveillance of Telephones and the Internet


Search & Seizure
The Dept. of Justice has written a manual on the rules for seizing evidence stored in computers. "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations"
Carnivore
Carnivore is a computer program designed by the FBI to intercept Internet communications.

CDT's Carnivore Reference Page


CALEA
The Communications Assistance for Law Enforcement Act of 1994 (CALEA) was supposed to preserve law enforcement surveillance capabilities in the face of technological chage, but the FBI has been trying to use it to claim control over the design of the telephone network to enhance its surveillance powers.

CDT's CALEA Reference Page


Roving Wiretaps
A roving wiretap order allows the government to tap any phone lines that a suspect may use.

-Congress Passes "Roving Wiretaps," Expands Surveillance Authority
-E-RIGHTS Bill (S. 854) tightens standard for roving taps


Echelon
Echelon is a secretive international surveillance system that operates outside of the normal limitations of the Constitution.

International Monitoring by US government


FIDNet
FIDNet is a comprehensive monitoring system intended to protect government computers, but it raises serious privacy concerns.

CDT's FIDNet Reference Page


CESA
CESA was a bill proposed by the Clinton Administration that would allow the government to seize decryption keys without notice to the user.

CDT's CESA Reference Page


Articles

   
Response to Sept. 11, 2001 Terrorist Attacks
 

SA 1562. Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. KYL, Mr. DEWINE, Mr. SESSIONS, Mr. THOMPSON, Mr. THURMOND, and Mr. MCCAIN) proposed an amendment to the bill H.R. 2500, making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, and for other purposes; as follows:

On page 116, between lines 9 and 10, insert the following:

TITLE VIIIļæ½TERRORISM

SEC. 801. SHORT TITLE.

This title may be cited as the ``Combating Terrorism Act of 2001''.

SEC. 812. ASSESSMENT OF NATIONAL GUARD CAPABILITIES TO PREEMPTIVELY DISRUPT DOMESTIC TERRORIST ATTACKS INVOLVING WEAPONS OF MASS DESTRUCTION.

(a) REPORT.--Not later than 60 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing an assessment of the capabilities of the National Guard to preemptively disrupt a terrorist attack within the United States involving weapons of mass destruction, and to respond to such an attack.

(b) ELEMENTS.--The report required under subsection (a) shall include--

(1) an assessment of the legal restrictions on the use of the National Guard to contain and capture weapons of mass destruction materials that are discovered by law enforcement agencies within the United States;

(2) an assessment of the physical readiness of the National Guard to carry out a mission to contain and capture such materials;

(3) a description of the modifications in the structure of the National Guard, and in law enforcement intelligence dissemination capabilities, that are necessary to effect a credible, preemptive strike capability for the National Guard against a terrorist attack within the United States involving a weapon of mass destruction; and

(4) an identification of the Federal agency best suited to carry out a preemptive strike against organizations possessing weapons of mass destruction materials in the United States.

SEC. 813. LONG-TERM RESEARCH AND DEVELOPMENT TO ADDRESS CATASTROPHIC TERRORIST ATTACKS.

(a) SENSE OF CONGRESS.--It is the sense of Congress that--

(1) there has not been sufficient emphasis on long-term research and development with respect to technologies useful in fighting terrorism; and

(2) the United States should make better use of its considerable accomplishments in science and technology to prevent or address terrorist attacks in the future, particularly attacks involving chemical, biological, or nuclear agents.

(b) ESTABLISHMENT OF PROGRAM.--(1) Not later than six months after the date of the enactment of this Act, the President shall establish a comprehensive program of long-term research and development with respect science and technology necessary to prevent, preempt, detect, interdict, and respond to catastrophic terrorist attacks.

(2) In establishing the program, the President shall--

(A) establish a comprehensive set of requirements for the program; and

(B) either--

(i) establish in an appropriate Federal agency an element with responsibility for the program; or

(ii) assign to a current element of a Federal agency responsibility for the program.

(c) REPORT ON PROPOSED PROGRAM.--Not later than 60 days before the commencement of the program required by subsection (b), the President shall submit to Congress a report on the proposed program. The report shall set forth the element of the Federal Government proposed to be established or assigned responsibility under subsection (b)(2)(B), including the proposed organization and responsibilities of the element for purposes of the program.

(d) CATASTROPHIC TERRORIST ATTACK DEFINED.--In this section, the term ``catastrophic terrorist attack'' means a terrorist attack against the United States perpetrated by a state, substate, or nonstate actor that involves mass casualties or the use of a weapon of mass destruction.

SEC. 814. REVIEW OF AUTHORITY OF FEDERAL AGENCIES TO ADDRESS CATASTROPHIC TERRORIST ATTACKS.

(a) REVIEW REQUIRED.--The Attorney General shall conduct a review of the legal authority of the agencies of the Federal Government, including the Department of Defense, to respond to, and to prevent, preempt, detect, and interdict, catastrophic terrorist attacks.

(b) REPORT.--Not later than six months after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the review conducted under subsection (a). The report shall include any recommendations that the Attorney General considers appropriate, including recommendations as to whether additional legal authority for any particular Federal agency is advisable in order to enhance the capability of the Federal Government to respond to, and to prevent, preempt, detect, and interdict, catastrophic terrorist attacks.

(c) CATASTROPHIC TERRORIST ATTACK DEFINED.--In this section, the term ``catastrophic terrorist attack'' means a terrorist attack against the United States perpetrated by a state, substate, or nonstate actor that involves mass casualties or the use of a weapon of mass destruction.

SEC. 815. GUIDELINES ON RECRUITMENT OF TERRORIST INFORMANTS.

The Director of Central Intelligence shall rescind the provisions of the 1995 Central Intelligence Agency guidelines on recruitment of terrorist informants that relate to the recruitment of persons who have access to intelligence related terrorist plans, intentions and capabilities.

SEC. 816. DISCLOSURE BY LAW ENFORCEMENT AGENCIES OF CERTAIN INTELLIGENCE OBTAINED BY INTERCEPTION OF COMMUNICATIONS.

(a) REPORT ON AUTHORITIES RELATING TO SHARING OF CRIMINAL WIRETAP INFORMATION.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a report on the legal authorities that govern the sharing of criminal wiretap information under applicable Federal laws, including section 104 of the National Security Act of 1947 (50 U.S.C. 403-4).

(b) ELEMENTS.--The report under subsection (a) shall include--

(1) a description of the type of information that can be shared by the Department of Justice, or other law enforcement agencies, with other elements of the intelligence community; and

(2) any recommendations that the President considers appropriate, including a proposal for legislation to implement such recommendations, to improve the capability of the Department of Justice, or other law enforcement agencies, to share foreign intelligence information or counterintelligence information with other elements of the intelligence community on matters such as counterterrorism.

(c) DEFINITIONS.--In this section:

(1) FOREIGN INTELLIGENCE, COUNTERINTELLIGENCE.--The terms ``foreign intelligence'' and ``counterintelligence'' have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).

(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.--The term ``element of the intelligence community'' means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947.

SEC. 817. JOINT TASK FORCE ON TERRORIST FUNDRAISING.

(a) SENSE OF CONGRESS.--It is the sense of Congress that--

(1) many terrorist groups secretly solicit and exploit the resources of international nongovernmental organizations, companies, and wealthy individuals; and

(2) the Federal Government is not fully utilizing all the tools available to it to prevent, deter, or disrupt the fundraising activities of international terrorist organizations, and it should do so.

SEC. 818. IMPROVEMENT OF CONTROLS ON PATHOGENS AND EQUIPMENT FOR PRODUCTION OF BIOLOGICAL WEAPONS.

(a) REPORT ON IMPROVEMENT OF CONTROLS.--(1) Not later than 60 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the means of improving United States controls of biological pathogens and the equipment necessary to develop, produce, or deliver biological weapons.

(2) The Attorney General shall prepare the report under paragraph (1) in consultation with the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Health and Human Services, the Secretary of Agriculture, the Director of Central Intelligence, the Commissioner of Customs, and other appropriate Federal officials.

[Page: S9402]
(3) The report under paragraph (1) shall include--

(A) a list of the equipment identified under that paragraph as critical to the development, production, or delivery of biological weapons;

(B) recommendations, if any, for legislation to make illegal the possession of the equipment identified under subparagraph (A), for other than a legitimate purpose, including attempts and conspiracies to do the same;

(C) recommendations, if any, for legislation to control the domestic sale and transfer of the equipment identified under subparagraph (A); and

(D) recommendations, if any, for legislation to require the tagging or other means of marking of the equipment identified under subparagraph (A).

(b) IMPROVED SECURITY OF FACILITIES.--(1) Commencing not later than 60 days after the date of the enactment of this Act, the President shall undertake appropriate actions to enhance the standards for the physical protection and security of the biological pathogens described in subsection (a) at the research laboratories and other government and private facilities in the United States that create, possess, handle, store, or transport such pathogens in order to protect against the theft or other wrongful diversion of such pathogens.

(2) Not later than six months after the date of the enactment of this Act, the President shall submit to Congress a report on the actions undertaken under paragraph (1).

SEC. 819. REIMBURSEMENT OF PERSONNEL PERFORMING COUNTERTERRORISM DUTIES FOR PROFESSIONAL LIABILITY INSURANCE.

(a) REQUIREMENT FOR FULL REIMBURSEMENT.--(1) Notwithstanding any other provision of law and subject to paragraph (2), the head of an agency employing a qualified employee shall reimburse the qualified employee for the costs incurred by the employee for professional liability insurance.

(2) Reimbursement of a qualified employee under paragraph (1) shall be contingent on the submission by the qualified employee to the head of the agency concerned of such information or documentation as the head of the agency concerned shall require.

(3) Amounts for reimbursements under paragraph (1) shall be derived from amounts available to the agency concerned for salaries and expenses.

(b) QUALIFIED EMPLOYEE.--In this section, the term ``qualified employee'' means an employee of an agency whose position is that of--

(1) a law enforcement officer performing official counterterrorism duties; or

(2) an official of an element of the intelligence community performing official counterterrorism duties outside the United States.

(c) DEFINITIONS.--In this section:

(1) AGENCY.--The term ``agency'' means any Executive agency, as that term is defined in section 105 of title 5, United States Code, and includes any agency of the legislative branch of Government.

(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.--The term ``element of the intelligence community'' means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(3) LAW ENFORCEMENT OFFICER; PROFESSIONAL LIABILITY INSURANCE.--The terms ``law enforcement officer'' and ``professional liability insurance'' have the meanings given those terms in section 636(c) of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. prec. 5941 note).

Subtitle B--Criminal Matters

SEC. 831. LAUNDERING OF PROCEEDS OF TERRORISM.

Section 1956(c)(7)(D) of title 18, United States Code, is amending by inserting ``or 2339B'' after ``2339A''.

SEC. 832. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.

(a) GENERAL LIMITATION ON USE BY GOVERNMENTAL AGENCIES.--Section 3121(c) of title 18, United States Code, is amended--

(1) by inserting ``or trap and trace device'' after ``pen register'';

(2) by inserting ``, routing, addressing,'' after ``dialing''; and

(3) by striking ``call processing'' and inserting ``the processing and transmitting of wire and electronic communications''.

(b) ISSUANCE OF ORDERS.--

(1) IN GENERAL.--Subsection (a) of section 3123 of that title is amended to read as follows:

``(a) IN GENERAL.--(1) Upon an application made under section 3122(a)(1) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order shall, upon service of the order, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order.

``(2) Upon an application made under section 3122(a)(2) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court if the court finds that the State investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.''.

(2) CONTENTS OF ORDER.--Subsection (b)(1) of that section is amended--

(A) in subparagraph (A)--

(i) by inserting ``or other facility'' after ``telephone line''; and

(ii) by inserting before the semicolon at the end ``or applied''; and

(B) by striking subparagraph (C) and inserting the following new subparagraph (C):

``(C) a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and''.

(3) NONDISCLOSURE REQUIREMENTS.--Subsection (d)(2) of that section is amended-

(A) by inserting ``or other facility'' after ``the line''; and

(B) by striking ``, or who has been ordered by the court'' and inserting ``or applied, or who is obligated by the order''.

(c) EMERGENCY INSTALLATION.--

(1) AUTHORITY FOR UNITED STATES ATTORNEYS.--Section 3125(a) of that title is amended in the matter preceding paragraph (1)--

(A) by striking ``or any Deputy Assistant Attorney General,'' and inserting ``any Deputy Assistant Attorney General, or any United States Attorney,''.

(2) EXPANSION OF EMERGENCY CIRCUMSTANCES.--Section 3125(a)(1) of that title is amended--

(A) in subparagraph (A), by striking ``or'' at the end;

(B) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and

(C) by inserting after subparagraph (B) the following new subparagraphs:

``(C) immediate threat to the national security interests of the United States;

``(D) immediate threat to public health or safety; or

``(E) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under section 1030(c)(2)(C) of this title,''.

(d) DEFINITIONS.--

(1) COURT OF COMPETENT JURISDICTION.--Paragraph (2) of section 3127 of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A):

``(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''.

(2) PEN REGISTER.--Paragraph (3) of that section is amended--

(A) by striking ``electronic or other impulses'' and all that follows through ``is attached'' and inserting ``dialing, routing, addressing, or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted''; and

(B) by inserting ``or process'' after ``device'' each place it appears.

(3) TRAP AND TRACE DEVICE.--Paragraph (4) of that section is amended--

(A) by inserting ``or process'' after ``a device''; and

(B) by striking ``of an instrument'' and all that follows through the end and inserting ``or other dialing, routing, addressing, and signalling information relevant to identifying the source of a wire or electronic communication;''.

SEC. 833. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM OFFENSES.

Section 2516(1) of title 18, United States Code, is amended--

(1) by redesignating paragraph (p), as so redesignated by section 434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and

(2) by inserting after paragraph (p) as so redesignated by section 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-565), the following new paragraph:

``(q) any criminal violation of sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or''.

SEC. 834. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE.

Section 2516(1)(c) of title 18, United States Code, is amended by striking `and section 1341 (relating to mail fraud),' and inserting `section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),'.





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