The "Carnivore" Controversy: Electronic Surveillance and Privacy in the Digital Age : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, Second Session, September 6, 2000, Volume 4

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U.S. Government Printing Office, 2001 - 97 pages

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Page 37 - Subtler and more far-reaching means of invading privacy have become available to the Government. Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet.
Page 13 - In one example, convicted terrorist Ramzi Yousef, the mastermind of the World Trade Center bombing, stored detailed plans to destroy United States airliners on encrypted files on his laptop computer. While we have not yet seen these groups employ cyber tools as a weapon to use against critical infrastructures, their reliance on information technology and acquisition of computer expertise are clear warning signs.
Page 50 - A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.
Page 94 - Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect.
Page 13 - Terrorist groups are increasingly using new information technology (IT) and the Internet to formulate plans, raise funds, spread propaganda, and communicate securely. In his statement on the worldwide threat in the year 2000, Director of Central Intelligence George Tenet testified that terrorist groups, "including Hezbollah, HAMAS, the Abu Nidal organization, and Bin Laden's al Qa'ida organization are using computerized files, E-mail, and encryption to support their operations.
Page 51 - Indeed, a law enforcement official could not even determine from the use of a pen register whether a communication existed. These devices do not hear sound. They disclose only the telephone numbers that have been dialed — a means of establishing communication. Neither the purport of any communication between the caller and the recipient of the call, their identities, nor whether the call was even completed is disclosed by pen registers.
Page 9 - Mr. Chairman, members of the committee. I am grateful for the opportunity to discuss with you today the SALT agreements and their interrelationship to our strategic force posture.
Page 13 - Even as far back as 1986, before the worldwide surge in Internet use, the KGB employed West German hackers to access Department of Defense systems in the well-known "Cuckoo's Egg
Page 26 - FT!, in order to obtain a court order to capture communications as they occur, the government must show that normal investigative techniques for obtaining information about a serious felony offense have been or are likely to be inadequate or are too dangerous, and that any interception will be conducted so as to ensure that the intrusion is minimized.
Page 25 - Amendment, the government must demonstrate probable cause before obtaining a warrant for a search, arrest, or other significant intrusion on privacy. Congress and the courts have also recognized that lesser intrusions on privacy should be permitted under a less exacting threshold. The Electronic Communications Privacy Act ("ECPA") establishes a three-tier system by which the government can obtain stored information from electronic communication service providers.

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