Date: Thu, 09 Mar 2000 15:09:21 -0700 From: weavert@PRIMENET.COM (Tim) Subject: [LONG] That Pesky Constitution To: AZRKBA@asu.edu
Not directly RKBA related, but if the Feds think you might be involved in some sort of "cybercrime" then they want a Federal warrant to search your stuff, not just those pesky state-issued things...
Tim
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http://www.theregister.co.uk/000309-000011.html
Posted 09/03/2000 12:23pm by Thomas C. Greene in Washington
Janet Reno would curb press freedom on line
Constitutional protections of the press are getting in the way of cyber-crime prosecutions and may have to be reconsidered, a White House committee chaired by US Attorney General Janet Reno believes.
"With the advent of the Internet and widespread computer use, almost any computer can be used to 'publish' material. As a result, the [Privacy Protection Act of 1980 (PPA)] may now apply to almost any search of any computer," the committee's report laments.
The act in question protects the freedom of American journalists, scholars and writers to publish freely by prohibiting all law enforcement agencies from searching for or seizing "any work product materials" or any related "documentary materials....possessed by a person....with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication," [42 U.S.C. '2000aa].
Under those circumstances, the Feds would be forced to find some gizmo or technique to copy only those portions of a suspect journalist's hard disk which might pertain to a crime, and do it without interrupting the work in progress; or, failing that, rely on the suspect himself to turn over the relevant files.
It's a formidable technical challenge, as the Feds must not seize, or even examine, data meant for publication, and its supporting, documentary information such as notes, transcripts and related research materials.
The Reno Department of Justice (DoJ) apparently finds this an intolerable burden, especially while the precious life of an innocent child kidnapped by rogue chemistry professors could hang in the balance.
"Because computers now commonly contain enormous data storage devices, wrongdoers can use them to store material for publication that the PPA protects while simultaneously storing child pornography, stolen classified documents, or other contraband or evidence of crime," the report warns.
We may joke about rogue professors, but we're only covering up the chill we feel in contemplating the way Internet superstition and Reno's relentless child-protective hype might give the Feds the excuse they've been waiting for to do an end-run around the PPA.
It appears that this is exactly what Reno has in mind. "Features of the Internet that make it different from prior technologies may justify the need for changes in laws and procedures that govern the detection and investigation of computer crimes," the committee notes ominously.
The committee's report, "The Electronic Frontier: The Challenge of Unlawful Conduct Involving the Use of the Internet" is due to be released in final form this month. A draft copy obtained by Wired News is available on line here. <http://www.politechbot.com/docs/unlawfulconduct.txt>
It's a disturbing read. .
Story 2: DOJ study proposes expanded policing of Net crime
By Jim Hu Staff Writer, CNET News.com March 9, 2000, 11:05 a.m. PT URL: http://news.cnet.com/category/0-1005-200-1568285.html Law enforcement officials are testing the waters for new entitlement to fight cybercrime, an effort that is drawing close scrutiny from civil liberties groups.
U.S. Attorney General Janet Reno today released a much anticipated report calling for a modification of established laws to help officials combat Internet crimes.
Separately, Assistant Attorney General Eric Holder told a congressional committee yesterday that the Justice Department may seek the ability to issue national warrants to facilitate cybercrime investigations. Currently, law enforcement officers must get warrants state by state.
The study, which has been circulating in draft form since last week, already has drawn criticism from privacy and civil liberties groups.
The American Civil Liberties Union sent a letter to Reno yesterday criticizing the report's conclusions and warning that the DOJ's recommendations would undermine constitutionally guaranteed privacy rights.
In particular, the group took issue with the report's characterization of online anonymity as "a thorny issue" for law enforcement.
"Anonymity on the Internet is not a thorny issue; it is a constitutional right," the letter reads.
The report comes in the aftermath of a spate of Web attacks against popular sites such as Yahoo, eBay, Amazon.com and CNN. The so-called distributed denial of service attacks (DDoS) that brought down the sites involved software that takes over a host of computers to inundate a target computer system with packets of useless information.
The round of attacks has raised concern about online security and has caused government to rethink its role in investigating and combating attacks. President Clinton has taken steps to meet with lawmakers and Internet executives to stress the need to boost security measures.
The DOJ report, slated to be posted online tomorrow, is an analysis of policies and laws related to crimes on the Internet, according to a Justice Department spokeswoman.
The study concludes that current laws for the Internet are appropriate for cases involving fraud, child pornography, prescription drug sales, firearms, gambling, alcohol, securities fraud and intellectual property. But it also calls for ways to give law enforcement officials more methods of tracking down suspected Internet criminals, including giving investigators more resources for training and investigating online crimes.
"The inability to track down sophisticated criminals who hide their identities online, the need for better coordination among law enforcement agencies, and the need for trained and well-equipped personnel at all levels of law enforcement is critical to fighting cybercrime," a DOJ statement about the report reads.