CONTENTS STATEMENTS OF SENATE COMMITTEE MEMBERS Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont... Edwards, Hon. Don, Representative in Congress from the State of California ..4, 107 Hyde, Hon. Henry J., Representative in Congress from the State of Illinois ..... Canady, Hon. Charles T., Representative in Congress from the State of Flor- ........ 5, 112 111 FRIDAY, MARCH 18, 1994 Louis J. Freeh, Director, Federal Bureau of Investigation .... Panel consisting of Roy Neel, president, U.S. Telephone Association; and Jerry Berman, executive director, Electronic Frontier Foundation, on behalf of the Digital Privacy and Security Working Group, accompanied by Ronald Expanded protection for online transactional information ............. 166 Representative Don Edwards from John D. Podesta, chair, Privacy and Technology Task Force, May 29, 1991 ........ Final Report to Senator Leahy from the Privacy and Technology Task Samuel F. Shawhan, vice president, GTE Corp., Apr. 5, 1994 John E. Collingwood, inspector, Office of Public and Congressional Letters to: Representative Don Edwards from Charles "Bud" Meeks, executive National Sheriff's Association adopted resolution, June 23, 1993. Letter to Senator Leahy, Apr. 27, 1994 Responses to questions submitted by Senator Leahy Interim report of the Digital Privacy and Security Working Group 102 103 104 Page Letter to Senator Leahy and Representative Edwards from-Continued Lynne Abraham, district attorney, District Attorney's Office, Mar. 28, 1994...... Letter to: 213 Mr. Casimir S. Skrzypczak, president, NYNEX Science and Technologies, Inc. from James K. Kallstrom, Special Agent in Charge, Department of Justice, Jan. 5, 1994 James K. Kallstrom, Special Agent in Charge, Department of Justice, Chairman Edward J. Markey, Committee on Energy and Commerce, National Association of Attorneys General adopted resolution on tele- 214 215 217 229 231 National District Attorneys Association resolution concerning the Digital Telephony and Communications Privacy Improvement Act 231 Analysis of informal survey of technical problems encountered by law enforcement in conducting electronic surveillance 232 Prepared statement of Morton Bromfield on behalf of the American Privacy 235 Letter to Morton Bromfield from: L. Jeffrey Ross, chief, Office of Enforcement Operations, criminal 237 William A. Russell, Jr., director, Office of Congressional and Public 238 Letter from Morton Bromfield to FBI Director William S. Sessions 238 David A. Banisar, Esq., Electronic Privacy Information Center......... Electronic Privacy Information Center statistical analysis report ........ Analysis of the FBI Digital Telephony Proposal by the Electronic Frontier Foundation, Sept. 18, 1992 ..... Department of Justice, Federal Bureau of Investigation summary Draft of the Digital Telephony and Communications Privacy Improvement Act of 1994 243 245 246 251 259 261 Section-by-section analysis of the act 270 Law enforcement requirements for the surveillance of electronic communications....... 279 Glossary 290 ! DIGITAL TELEPHONY AND ADVANCED TELECOMMUNICATIONS TECHNOLOGIES AND SERVICES FRIDAY, MARCH 18, 1994 U.S. SENATE, SUBCOMMITTEE ON TECHNOLOGY AND THE Washington, DC. The subcommittees met, pursuant to notice, at 10:35 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy and Hon. Don Edwards presiding. Also present: Senators Specter, and Cohen (ex officio), and Representatives Edwards, Hyde, and Canady. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Senator LEAHY. We can begin. I am going to make a brief opening statement and then yield to Chairman Edwards and then the ranking Republican on this side and then my good friend, Henry Hyde, from Illinois. I should state before I start, however, that it is a matter of great pride to me to be here with Don Edwards, a man I am going to miss, somebody I have known in all my years in the Senate. He was already a senior member of the Congress when I came here and one person I have worked with very closely on so many issues, far more than I could recount here, in the 20 years I have been here. Mr. Chairman, I am proud that you could join us here, and I am going to miss you when you leave at the end of this year. Representative EDWARDS. Thank you, Pat. Senator LEAHY. The fourth amendment strikes a delicate balance that we have always maintained to protect our personal privacy to the greatest extent possible. At the same time, it provides for law enforcement needs. This balance is what we, Judge Freeh and others, are here to examine today. Law enforcement, as we all know, is our way to help secure our personal safety. I do not think there are any times that I can remember when the American people's concern about crime and our vulnerability to crime has been greater than it is today. We have seen the terrorist bombing of the World Trade Center, something that paralyzed not only a great city but, in many ways, much of (1) |