Privacy - Surveillance & Wiretapping Archive

NSA Spying Program Information

See the PATRIOT page for USA PATRIOT Act and the Terrorism directory for "anti-terrorism" surveillance legislation.

» US v. Councilman

Files in this Archive

• 20040427_CALEA_reply_comments.pdf (59k)
  Final Draft of comments as filed
• 20040413_EFF_CALEA_comments.php
  EFF Files Comments on FBI Plan to Surveil Net
• surveillancemonitor.html
  EFF report on Surveillance and Monitoring
• 20020919_eff_FISCR.html
  Collection of documents filed in the Foreign Intelligence Surveillance Court of Review
• EFF CSEA Analysis
  EFF Analysis of the Cyber Security Enhancement Act
• 20000607_s2448_cdt.comments
  CDT comments to Senate Judiciary Committee Chairman Orrin Hatch about problems in S. 2448, "Internet Integrity and Critical Infrastructure Protection Act of 2000", a bill relating principally to enhancing law enforcement ability to investigate computer crimes. It includes a number of troubling provisions, included expanded wiretapping authority, snooping on citizens who've violated no laws, vagueness that could result in criminalization of political expression, and weaker privacy standards for satellite as opposed to cable subscribers. Also criticizes S. 2092.
• s2448_net_security_2000_bill.html
  S. 2448, "Internet Integrity and Critical Infrastructure Protection Act of 2000", a bill relating principally to enhancing law enforcement ability to investigate computer crimes. It includes a number of troubling provisions, included expanded wiretapping authority, snooping on citizens who've violated no laws, vagueness that could result in criminalization of political expression, and weaker privacy standards for satellite as opposed to cable subscribers. A.k.a. "International Computer Crime Enforcement Assistance Act of 2000"
• s2092_net_security_2000_bill.html
  S. 2092, untitled Net security/surveillance bill. Includes many problematic provisions, one of the worst of which is a vague and open-ended expansion of wiretapping authority.
• s2430_net_security_2000_bill.html
  S. 2430, "Internet Security Act of 2000", a bill relating principally to enhancing law enforcement ability to investigate computer crimes. It includes modifications to wiretapping rules (pen register and tap-and-trace authority) that both increase law enforcement authority in this area but also tighten the requirements for doing wiretaps a little.
• hr833_s625_bankruptcy_2000_bill.html
  A huge "Bankruptcy Reform Act" (H.R. 833/S. 625) that has passed both houses and as of July 2000 was in joint conference committee. The Senate version of the bill passed with most of the S. 486 "Methamphetamine Anti-Proliferation Act" attached as a rider. This language is in the joint conference version, and includes dangerous censorship and privacy invasion provisions. Essentially replaced earlier Senate and House versions such as S. 1428 and H.R. 2987. The independent S. 486 has indepently passed the Senate and could pass the House.
• s486_meth_2000_bill.html
  A later version (S. 486) of the "Methamphetamine Anti-Proliferation Act", as passed by the Senate. Includes dangerous censorship and privacy invasion provisions. Replaced earlier Senate and House versions such as S. 1428 and H.R. 2987. Not (yet) passed by House as of July, 2000. Most of its provisions were also attached to the H.R. 833/S. 625 "Bankruptcy Reform Act" as a highly inappropriate "rider" amendment in conference committee after the 833/625 BRA bill passed both houses. (NOTE: This yr. 2000 version of S. 486 as amended, should NOT be confused with the original 1999 version of S. 486 as introduced. That version, the "DEtermined and Full Engagement Against the Threat of Methamphetamine Act" or "DEFEAT Meth Act", did NOT contain any censorship or privacy-invasion provisions.)
• hr4553_clubdrug_2000_bill.html
  "Club Drug Anti-Proliferation Act" (H.R. 4553), the House version of the Senate's "Ecstasy Anti-Proliferation Act" (S. 2612). Basically a clone of the dangerous "Methamphetamine Anti-Proliferation Act" which exists in various forms. The CDAPA, as of July 2000, appears to be stalled.
• s2612_ecstasy_2000_bill.html
  "Ecstasy Anti-Proliferation Act" (S. 2612), the Senate version of the House's "Club Drug Anti-Proliferation Act" (H.R. 4553). Basically a clone of the dangerous "Methamphetamine Anti-Proliferation Act" which exists in various forms. The EAPA, as of July 2000, appears to be stalled.
• decrypting_puzzle_palace.article
  John Perry Barlow's July 1992 article "Decrypting the Puzzle Palace," describing how the NSA seeks to dominate cyberspace. A wealth of early background material on FBI and NSA surveillance, political moves to oppose general public possession and use of strong encryption, and erection of export controls against encryption.
• hr1501_sp1344_1999_bill.html
  Bloated and threatening Juvenile Justice bill, as passed by the Senate. Numerous free speech, privacy and other problems. Considered by many the most anti-democratic legislation introduced in this country in decades. Bill numbers: H.R. 1501 (House), S.P. 1344 (Senate). Senate version was originally S. 254. (Oct. 1999)
• 19990927_armey_reno_let.html
  Letter from Dick Armey to Janet Reno following the administration's "relaxation" of the export control rules. Asks for clarification and intent in proposing the Cyberspace Electronic Security Act of 1999 (CESA) and asking questions that still remain after the administration apparently has given up its ambition to have FIDnet monitor civilian as well as government networks.
• 19990730_armey_reno_let.html
  Letter from Dick Armey to Janet Reno asking clarification on the Clinton Administration position on encryption and the possibility of the Federal Intrusion Detection Network which would not only monitor federal networks but also make possible a "desktop" monitoring system for all phone and data traffic in the U.S.
• 19990421_leahy_electr_rghts.bill
  This is a bill introduced by Senator Leahy some sections of which were eventually incorporated in other bills and in the FCC implementation order relevant to CALEA. This bill was read twice on the floor and referred to committee and never was voted on in this form. The titles were: Title I: Privacy Protection for Communications and Electronic Information Title II: Promoting Use of Encryption Title III: Privacy Protection for Library Loan and Book Sale Records Title IV: Privacy Protection for Satellite Home Viewers
• 15usc1681u.law
  recent amendment to the Fair Credit Reporting Act, adding a new section covering FBI obtaining and use of consumer credit information, and providing for penalties for abuse of this information.
• 200001_us_fed_wiretap_laws.html
  US federal wiretapping statutes as of Jan. 2000, in full text: 18 USC 2510-2522, 18 USC 2701-2711, 18 USC 3117, 18 USC 3121-2127, 47 USC 1001-1021. (Includes CALEA's amendments to older statutes.)
• 960722_deadbeat_databases_article.excerpt
  Excerpt from Reuters article regarding Clinton Administration and Congressional plans to increase databasing of citizen information, in an effort to catch more "deadbeat parents" avoiding child support duties. Both houses of Congress are (as of July 1996) considering legislation to create a "central unit" that will automatically "register" child support data, "track deadbeat parents who cross state lines", and maintain "directories to track new hires", with no longer than a 20-day turnaround, so that states can "establish paternity and enforce child support orders". The White House plan, already set into motion with an Executive Order, establishes a "computer database to track [parents] behind on their payments as they move from job to job", again by tracking employment. These frightening plans would almost certainly be extended very quickly to allow law enforcement to monitor the populace based on any enforcement criteria, not just deadbeat parenthood. Yet another ugly example of how the rhetoric of "protecting children" is being used as a very sharp weapon to undermine American privacy and other civil liberties.
• cpsr_fincen.paper
  CPSR's December 1991 article describing FinCEN as an ambitious office dedicated on paper to fighting drug trafficking and other financial crime but warning that in reality FinCEN smacks of big brother.
• crypto_abernathy.article
  Joe Abernathy's June 1992 cryptography article "Promising technology alarms government - Use of super-secret codes would block legal phone taps in FBI's crime work"
• denning_wiretap.paper
  Dr. Dorothy Denning's September 1993 article "WIRETAP LAWS AND PROCEDURES WHAT HAPPENS WHEN THE U.S. GOVERNMENT TAPS A LINE"
• nsa_library_database.notes
  Notes on NSA's Digital Librarian, an online library database, and the surveillance implications of the National Security Agency getting into the field of library information systems.
• pen_reg_18usc3121.law
  18 USC S. 3121 Pen Registers (as of 4/93), S. 3121. General prohibition on pen register and trap and trace device use; exception, S. 3122. Application for an order for a pen register or a trap and trace device, S. 3123. Issuance of an order for a pen register or a trap and trace device, S. 3124. Assistance in installation and use of a pen register or a trap and trace device, S. 3125. Emergency pen register and trap and trace device installation, S. 3126. Reports concerning pen registers and trap and trace devices
• s266_91.comments
  comments from the Senate Bill 266 (1991), Sen. Biden's predecessor to the Digital Telephony bill.
• s1948_natl_security.bill
  Full text of the "Counterintelligence and Security Enhancements Act of 1994" which would amend the National Security Act of 1947 to improve the counterintelligence and security posture of the United States intelligence community and to enhance the investigative authority of the Federal Bureau of Investigation in counterintelligence matters, and for other purposes. (In short, it's a bill to enable increased surveillance of govt. employees to prevent national security leaks.)
• us_crypto-policy.faq
  January 1994 FAQ of data encryption software and technical data controls in the US. Also goes into many details on FBI and NSA surveillance in general.
• wiretap_cost_hanson.paper
  Robin Hanson's May 1993 article "CAN WIRETAPS REMAIN COST-EFFECTIVE?"...SUMMARY: Compared to an average monthly phone bill of seventy dollars, the option to wiretap the average phone line is probably worth less than twelve cents a month to police and spy agencies. Claims that this option is worth over a dollar a month ignore the basic economics of law enforcement. Thus recently proposed government policies to preserve wiretap abilities in the face of technological change must raise phone costs by less than one part in seven hundred to be cost-effective. Why not let a market decide if wiretaps make sense?

Subdirectories in This Archive

• biometrics/
  Information on Biometrics
• CALEA/
  Directory of information on the Communications Assistance to Law Enforcement Act of 1996 (CALEA, a.k.a. the "Digital Telephony" Surveillance Bill), and resistance to related FBI attempts to gain new KGB-style surveillance powers.
• Carnivore/
  Directory of information relating to the FBI Internet surveillance system known as "Carnivore".
• Foreign_and_local/
  Directory of files about surveillance in US states and other countries besides the US.
• ICPPA/
  directory of info on H.R. 1029, the Insurance Claims Privacy Protection Act (ICPPA), a piece of legislation introduced in 1997 by US Rep. Ed Towns (D-NY) to preclude a "crime bureau" from establishing an "all-claims" database to which law enforcement officers have easy access for privacy-invasive "fishing expeditions" in which data on all insurance claimants is treated as if it belonged to crime suspects.
• Know_Your_Customer_FDIC_banks/
  directory of info on bank surveillance, government financial privacy invasion, and the draft FDIC "Know Your Customer" regulations.
• Radio Frequency Identification (RFID)
  Directory of information on RIFD
• Terrorism/
  Directory of information on privacy concerns, surveillance, and censorship and free expression issues as they relate to media and political responses to terrorism and fears of terrorism.

Related On-Site Resources

• Total Information Awareness - Directory of of information relating to the DARPA TIA project.
• Key_escrow - Directory of information relating to encryption "key escrow", the Clipper/Capstone/Tessera surveillance/encryption scheme, and the Escrowed Encryption Standard.
• Digital_Telephony_FBI - Directory of files pertaining to the FBI and their 'Digital Telephony' or "Communications Assistance to Law Enforcement' legislation
• Profiling_cookies_webbugs - [currently offline] Directory of information on online (and offline, but computer-related) profiling (dossier-building) on individuals. Cookies are one of the major ways people are tracked on the web and webbugs aka web bugs are another way one can be tracked. Cookies can be turned off and refused, and if you want to avoid personal tracking by webbugs they should be turned off as webbugs are dependent on cookies already in your system.

Links to Related Off-Site Resources

• EPIC's Wiretapping & Privacy Archive
• Fidnet Eases Up on Net Plan A Declan McCullagh on fIDNET monitor private nets, only the government net. This is a big about face. (Sept. 1999) [currently offline]
• Rachel Bobrow's "Big Brother Is Watching You..."
  a study of surveillance technology and personal privacy protection. [currently offline]
• Wiretapping includes huge list of links to articles about illegal wiretapping around the world. [currently offline]