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Re: FBI is at it again

  • From: Gordon Cook
  • Date: Mon Oct 29 14:55:48 2001

Looks to me like your  take is accurate Steve.

Date: Mon, 29 Oct 2001 11:30:13 -0500
To: [email protected]
From: David Farber <[email protected]>
Subject: IP: Fox News goes overboard
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From: "Baker, Stewart" <[email protected]>
To: "'[email protected]'" <[email protected]>
cc: "Albertazzie, Sally" <[email protected]>


Dave:

I can't remember whether you carried the Fox News story.  If you did, you
might be interested in this.

Stewart



Fox News recently reported that the FBI has a plan to change the
architecture of the Internet, centralizing it and providing "a technical
backdoor to the networks of Internet service providers."  Like many others,
I thought this was big news, and rather surprising.  Until I realized that
the reporter only cited one source and that it was, well, me.  Fox News's
claims go beyond the facts I provided to her, and beyond any that I know
about.

To be clear, I believe that the FBI is at work on an initiative to make
Internet communications, indeed any packet data communications, more
susceptible to intercept and more productive of non-content data about
communications -- the sort of "pen register" data that was expressly
approved for Internet communications in the recent antiterrorism bill.  This
initiative will have architectural implications for packet data
communications systems.  The FBI is likely to press providers of those
services to centralize communications in nodes where interception will be
more convenient, and it is likely to call on packet data services to build
systems that provide more information about the communications of their
subscribers.

The vehicle for this initiative is CALEA, the Communications Assistance for
Law Enforcement Act, a 1994 enactment that actually requires telecom
carriers to redesign their networks to provide better wiretap capabilities.
The act is supposed to exempt information services, but the vagueness of
that provision has encouraged the FBI to expand its mandate into packet-data
communications.  The Bureau is now preparing a general CALEA proposal for
all packet-data systems.  While I have not seen it, the Bureau's past
interventions into packet-data and other communications architecture have
had two characteristics -- they have sought more centralization in order to
simplify interception and they have asked providers to generate new data
messages about their subscribers' activities -- messages that are of value
only to law enforcement.

There are real legal and policy questions that should be raised about this
effort.  In my view, it goes beyond what Congress intended in 1994.  And the
implications for Internet users and technologies deserve to be debated.  But
making these points, as I did with Fox News, is not the same as saying that
the FBI has a firm plan to centralize the Internet and build back doors into
all ISP networks.  If Fox News wants to break that story, it will need a
source other than me.

Stewart Baker
Steptoe & Johnson LLP
1330 Connecticut Avenue, N.W.
Washington, DC 20036
For archives see:
http://www.interesting-people.org/archives/interesting-people/





In message <[email protected]>, "Daniel Golding
" writes:
Are you kidding? The problems with this are numerous. First, the source is
Fox News, which is about a half step up from the Drudge Report.
I tried posting this before, but I don't think my note got out. Basically, from what I've heard this report is indeed inaccurate. The
FBI is holding a meeting on Thursday of this week where they will
explain their new desires, and the legal justification for them; let's
see what they say. (Btw -- this is apparently work that's been going
on for two years; it's not in reaction to September 11.)

--Steve Bellovin, http://www.research.att.com/~smb
Full text of "Firewalls" book now at http://www.wilyhacker.com

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