Recognizing its potential threat to individual privacy, Congress is in the process of requiring the FBI to report exactly how and when Carnivore, the controversial Internet-snooper system, is being used.
Officially named DCS 1000, Carnivore is the FBI's high tech hardware and software system capable of tapping directly into and recording terabytes of Internet traffic.
To install a Carnivore device, the FBI must first obtain warrants or court orders naming the targets of the investigation. Once installed in a cooperating Internet service provider's (ISP) facility, Carnivore collects all internet traffic. This mass of collected data is then "filtered" for evidence tied to the suspects named in the warrant.
According to the FBI, Carnivore is a "diagnostic tool" providing the Agency with "a 'surgical' ability to intercept and collect the communications which are the subject of the lawful order while ignoring those communications which they are not authorized to intercept."
The FBI further contends that its use of Carnivore as being, "subject to intense oversight from internal FBI controls, the U. S. Department of Justice (both at a Headquarters level and at a U.S. Attorney's Office level), and by the Court." [From: FBI's Carnivore - Diagnostic Tool]
Carnivore's threat to personal privacy and civil liberty, say its critics, is the fact that it collects information about every person -- not just the suspects -- accessing the Internet through the host ISP's connection.
Carnivore can collect copies of every email sent through the ISP's system, track the Web travels of every user logged on, and discover the IP addresses of all users, suspects or not.
The threat to individual privacy from the potential misuse of such a device is of great concern to many people, including the House and Senate Judiciary Committees of the U.S. Congress.
As a result of Judiciary hearings, Congress is acting to require the FBI to provide them with detailed reports on the use of Carnivore, or similar devices. Included as part of the 21st Century Department of Justice Appropriations Authorization Act are the following orders to the FBI:
SEC. 306. REPORT ON DCS 1000 (`CARNIVORE').
Not later than 30 days after the end of fiscal years 2001 and 2002, the Attorney General and the Director of the Federal Bureau of Investigation shall provide to the Judiciary Committees of the House of Representatives and Senate a report detailing--
(1) the number of times DCS 1000 (or any similar system or device) was used for surveillance during the preceding fiscal year;
(2) the Department of Justice official or officials who approved each use of DCS 1000 (or any similar system or device);
(3) the criteria used by the Department of Justice officials to review requests to use DCS 1000 (or any similar system or device);
(4) a complete description of the process used to submit, review, and approve requests to use DCS 1000 (or any similar system or device);
(5) the specific statutory authority relied on to use DCS 1000 (or any similar system or device);
(6) the court that authorized each use of DCS 1000 (or any similar system or device);
(7) the number of orders, warrants, or subpoenas applied for, to authorize the use of DCS 1000 (or any similar system or device);
(8) the fact that the order, warrant, or subpoena was granted as applied for, was modified, or was denied;
(9) the offense specified in the order, warrant, subpoena, or application;
(10) the nature of the facilities from which, or the place where the contents of, electronic communications were to be disclosed; and
(11) any information gathered or accessed that was not authorized by the court to be gathered or accessed.
The 21st Century Department of Justice Appropriations Authorization Act, including the Carnivore reporting requirements, has strong bipartisan support in Congress. The House approved the bill by a simple voice vote on July 23, and little or no opposition is anticipated in the Senate.
Included as part of the same bill, is a measure creating a special deputy inspector general assigned to provide special oversight of all programs and operations of the FBI through September 2004. [See: House Slaps Special Oversight on FBI]
So much for Congressional concerns about threats to individual privacy.