CONTENTS STATEMENTS OF SENATE COMMITTEE MEMBERS Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont Specter, Hon. Arlen, U.S. Senator from the State of Pennsylvania DeConcini, Hon. Dennis, U.S. Senator from the State of Arizona Pressler, Hon. Larry, U.S. Senator from the State of South Dakota STATEMENTS OF HOUSE COMMITTEE MEMBERS 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 ..... 4 Canady, Hon. Charles T., Representative in Congress from the State of Flor- Glickman, Hon. Dan, Representative in Congress from the State of Kansas 52 Coble, Hon. Howard, Representative in Congress from the State of North 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 L. Plesser, Piper & Marbury ... William C. O'Malley, district attorney for Plymouth County, MA, and presi- Louis J. Freeh, Director, Federal Bureau of Investigation Hazel Edwards, Director, Information Resources Management/General Gov- ernment, General Accounting Office ....... Roy Neel, president, U.S. Telephone Association Thomas E. Wheeler, president, Cellular Telecommunications Industry Asso- Jerry Berman, executive director, Electronic Frontier Foundation Senator Leahy and Representative Edwards from the Electronic Frontier Foundation, Inc., Aug. 11, 1994 ........ Expanded protection for online transactional information 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 Attachment: List of organizations contacted by GAO Letter to Senator Leahy from Louis J. Freeh, May 10, 1994 Response to questions submitted by Senator: Letters from Digital Privacy and Security Working Group to: William J. Clinton, President of the United States and Al Gore, Vice President of the United States, Mar. 9, 1994 Letter to Louis J. Freeh from Senator Leahy and Representative Ed- Technology-based problems encountered by Federal, State, and local Letter to Representative Edwards from: Samuel F. Shawhan, vice president, GTE Corp., Apr. 5, 1994 ........... 122 John E. Collingwood, inspector, Office of Public and Congressional Responses to questions submitted by Representative Edwards Letter to Mr. Charles A. Bowsher, Comptroller General, General Account- Letters to: Representative Don Edwards from Charles "Bud" Meeks, executive 102 104 Letter to Senator Leahy, Apr. 27, 1994 Responses to questions submitted by Senator Leahy Interim report of the Digital Privacy and Security Working Group 103 The U.S. President from the Computer Specialist for Social Responsibil- Senator Leahy from Matt L. Rodriguez, superintendent of police, Chicago Police Department, Mar. 17, 1994 Letter to Representative Edwards from: Chief Sylvester Daughtry, Jr., president, International Association of Chiefs of Police, Mar. 17, 1994 John N. Rose, executive vice president, OPASTCO, Sept. 22, 1994 Letter to Senator Leahy and Representative Edwards from: Hubert H. Humphrey III, president, National Association of Attorneys Marc Rotenberg, director, and David Sobel, legal counsel, Computer Spe- Page 213 214 215 217 Crime .... 229 231 231 232 Letter to Senator Leahy and Representative Edwards from-Continued Lynne Abraham, district attorney, District Attorney's Office, Mar. 28, 1994 ..... Letter to: Mr. Casimir Ş. 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, from Mr. Casimir S. Skrzypczak, ATIS chairman, Telecommunications Industry Solutions, Mar. 1, 1994 Chairman Edward J. Markey, Committee on Energy and Commerce, House of Representatives, from Ralph V. Carlone, Assistant Comptrol ler General, General Accounting Office, July 17, 1992 ........ Organized crime appendix of The President's Commission on Organized National Association of Attorneys General adopted resolution on tele communications companies and law enforcement responsibilities, July 8 11, 1992 .......... National District Attorneys Association resolution concerning the Digital Telephony and Communications Privacy Improvement Act ....... Analysis of informal survey of technical problems encountered by law enforce ment in conducting electronic surveillance L. Jeffrey Ross, chief, Office of Enforcement Operations, criminal division Affairs ........ Telecommunications Industry Association Electronic Privacy Information Center statistical analysis report Foundation, Sept. 18, 1992 ..... Draft of the Digital Telephony and Communications Privacy Improve- Section-by-section analysis of the act ....... tions .... Glossary 235 ......... 237 238 238 239 240 243 245 246 251 259 261 270 279 290 DIGITAL TELEPHONY AND TECHNOLOGIES AND SERVICES FRIDAY, MARCH 18, 1994 U.S. SENATE, SUBCOMMITTEE ON TECHNOLOGY AND THE LAW, COMMITTEE ON THE JUDICIARY, JOINTLY WITH 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 |