Internet Wiretapping

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Internet Wiretapping

• By Joe Howard Bart Wagner

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Internet Wiretapping

• The Patriot Act was formed after the events of
  9/11 in 2001
• The large and complex law received little
  Congressional oversight and debate, and was
  signed into law by President Bush Oct. 26, 2001
• It allowed for easier surveillance of email and
  phone conversations by federal authorities

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Carnivore

• FBIs 1st system for internet wiretapping
• Developed specifically to monitor all of a target
  users internet traffic
• Very controversial, people viewed it as Big
  Brother of the internet
• As of 2005 the FBI has since dropped Carnivore
  preferring to use commercial surveillance
  products

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Getting to Work

• May 14th 2007, official deadline for cable modem
  companies, DSL providers, broadband over power
  line, satellite internet companies and some
  universities to finish wiring up their networks
  with FBI-friendly surveillance gear
• Companies were made to comply with federal
  agencies as the phone companies were in 94
  complying with CALEA (Communications Act for Law
  Enforcement Assistance)

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Basic Idea of a Wiretap

• Internet

Ethernet Switch
Hub
Tap
Remote
Other Network Segments
Analysis
Hub
Target
Bystander
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Why Wiretapping on the Internet?

• Surveillance plays a legitimate and crucial role
  in criminal justice and national security
• As opposed to a telephone, interactions on the
  internet are through multiple outputs

• The internet is a vast world with millions of
  users
• Capabilities online are endless

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• Internet wiretapping is not a constant action as
  opposed to e-monitoring where persons are
  constantly being watched
• FCC commissioner stated, "It is clearly not in
  the public interest to allow terrorists and
  criminals to avoid lawful surveillance by law
  enforcement agencies

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Why not?

• Wiretapping can help monitor one of the biggest
  communications resource in the world
• The government should do whatever possible to
  protect the people
• Being On the Offensive

• Agencies/Government will only monitor what is
  necessary, no random wiretapping
• Will not abuse power
• If multiple persons are targeted and surveyed but
  only one is found, is that not worth it?

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Against Internet Wiretapping

• I would rather have the government crawl under
  barbed wire with a flashlight to install a
  listening device in my basement than to have them
  click a mouse in an office and gain access to my
  most private conversations.
• Phil Zimmermann
• Inventor, Pretty Good Privacy

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Legislative Background

• Fourth Amendment
• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures
• Shall not be violated and no warrants shall issue
  unless upon probable cause
• Supported by oath or affirmation, and
  particularly describing the place to be searched,
  and the persons or things to be seized.

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Legislative Background

• Federal Communications Act of 1934
• Prohibited the interception and disclosure of any
  communication without the consent of at least one
  of the parties to the communication.
• Title III of the Omnibus Crime Control and Safe
  Streets Act of 1968
• Electronic surveillance made illegal, except
  pursuant to a court order.

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• How to get a court order for electronic
  surveillance
• Prove probable cause that an indictable crime has
  been, is being, or is about to be committed.
• Specifically describe the communications to be
  intercepted.
• Other investigative procedures have failed or are
  too dangerous.

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FISA

• Foreign Intelligence Surveillance Act of 1978
• prescribes procedures for the physical and
  electronic surveillance and collection of
  "foreign intelligence information" between or
  among "foreign powers". (including terrorism)

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• Communication Assistance for Law Enforcement Act
  (CALEA) of 1994
• Requires telecommunications carriers to ensure
  the ability of law enforcement agencies to
  intercept communications.
• ISPs required to abide by law enforcement orders

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Executive Background

• FBI shows a judge the relevance of the
  information
• FBI shows a judge why traditional enforcement
  methods are insufficient
• FBI submits a request with information such as
  target ISP, e-mail address, etc.
• FBI waits 4-6 months

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A Common Outlook
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Perils of Wiretapping

• Wiretapping is already easy enough
• Just because it can be tapped doesnt mean it
  should
• Tappability Principle
• The cost of CALEA will be passed on to Consumers
• Innovation will suffer (Xbox, box of
  surveillance)
• Internet much different than phone system
• CALEA could make the internet less secure
• Points of vulnerability into the system
• Not just workplace E-monitoring

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• Discussion.