FOIA

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Wiretap Overview

Overview Government Surveillance of Telephones and the Internet

Search & Seizure
The Dept. of Justice has written a manual on the rules for seizing evidence stored in computers. "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations"

Carnivore
Carnivore is a computer program designed by the FBI to intercept Internet communications.

CDT's Carnivore Reference Page

CALEA
The Communications Assistance for Law Enforcement Act of 1994 (CALEA) was supposed to preserve law enforcement surveillance capabilities in the face of technological chage, but the FBI has been trying to use it to claim control over the design of the telephone network to enhance its surveillance powers.

CDT's CALEA Reference Page

Roving Wiretaps
A roving wiretap order allows the government to tap any phone lines that a suspect may use.

-Congress Passes "Roving Wiretaps," Expands Surveillance Authority
-E-RIGHTS Bill (S. 854) tightens standard for roving taps

Echelon
Echelon is a secretive international surveillance system that operates outside of the normal limitations of the Constitution.

International Monitoring by US government

FIDNet
FIDNet is a comprehensive monitoring system intended to protect government computers, but it raises serious privacy concerns.

CDT's FIDNet Reference Page

CESA
CESA was a bill proposed by the Clinton Administration that would allow the government to seize decryption keys without notice to the user.

CDT's CESA Reference Page

Articles

Jerry Berman and Lara Flint, Guiding Lights: Intelligence Oversight and Control for the Challenge of Terrorism Criminal Justice Ethics, Vol. 22, No. 1 (Winter/Spring, 2003)
Critical Infrastructure Protection: Threats to Privacy and Other Civil Liberties and Concerns with Government Mandates on Industry DePaul Business Law Journal (1999-2000)
Communications Privacy In The Digital Age: Revitalizing The Federal Wiretap Laws To Enhance Privacy Albany Law Journal of Science & Technology (1997)
CIO Cyberthreat Response and Reporting Guidelines Guidelines for responding to attacks on computer systems endorsed by the F.B.I. and the Secret Service, published in CIOmagazine, a trade publication, Feb 2002.

FOIA

John Podesta, America's Secret History: Securing Our Future By Embracing Open Government, March 10, 2004
DOJ materials on current topics in FOIA policy explored in a Justice Department conference for government FOIA officers, July 2003
Genevieve Knezo, Congressional Research Service, "'Sensitive But Unclassified' and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy," [pdf] April 2003
HR 2526, "Restoration of Freedom of Information Act of 2003," introduced June 2003 by Reps. Frank and Udall, corresponds to a similar Senate measure, S. 609, introduced in March by Senators Leahy and Levin
Justice Department interpretation of the requirements of the Homeland Security FOIA exemption January 27, 2003
House debate on the FOIA exemption, July 26, 2002
Press release from Sen. Patrick Leahy on the Senate FOIA exemption, July 25, 2002
ACLU press release and letter to Senate Governmental Affairs Committee outlining practical examples of the kind of information that might be at risk under the overbroad House approach, July 24, 2002
OMB Watch's Homeland Security Page - materials on FOIA issues in the Homeland Security Bill
Letter from CDT and others opposing broad FOIA exemption, July 10, 2002
Letter from journalists, editors and publishers opposing FOIA exemption [pdf], July 10, 2002

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