FOR IMMEDIATE RELEASE Thursday, January 20, 2000 GROUPS CHALLENGE FBI WIRETAP STANDARDS; SAY FCC DECISION THREATENS COMMUNICATIONS PRIVACY WASHINGTON, DC -- Leading Internet privacy advocates today asked a federal appeals court to block new rules that would enable the FBI to dictate the design of the nation's communication infrastructure. The challenged rules would enable the Bureau to track the physical locations of cellular phone users and potentially monitor Internet traffic. In a brief filed with the U.S. Court of Appeals for the District of Columbia Circuit, the Electronic Privacy Information Center (EPIC), American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) say that the rules -- contained in a Federal Communications Commission (FCC) decision issued last August -- could result in a significant increase in government interception of digital communications. The court challenge involves the Communications Assistance for Law Enforcement Act (CALEA), a controversial law enacted by Congress in 1994, which requires the telecommunications industry to design its systems in compliance with FBI technical requirements to facilitate electronic surveillance. In negotiations over the last few years, the FBI and industry representatives were unable to agree upon those standards, resulting in the recent FCC ruling. EPIC, ACLU and EFF participated as parties in the FCC proceeding and argued that the privacy rights of Americans must be protected. Today's court filing asserts that the FCC ruling exceeds the requirements of CALEA and frustrates the privacy interests protected by federal statutes and the Fourth Amendment. Among other things, the Commission order would require telecommunications providers to determine the physical locations of cellular phone users and deliver "packet-mode communications" -- such as those that carry Internet traffic -- to law enforcement agencies. According to EPIC's General Counsel, David L. Sobel, "The FBI is seeking surveillance capabilities that far exceed the powers law enforcement has had in the past and is entitled to under the law. It is disappointing that the FCC resolved this issue in favor of police powers and against privacy." Sobel said that the appeals court challenge "raises fundamental privacy issues affecting the American public. This case will likely define the privacy standards for the Nation's telecommunication networks, including the cellular systems and the Internet." In a report issued last year, the ACLU warned that the Clinton Administration is using scare tactics to acquire vast new powers to spy on all Americans. "If the FBI has its way, the only communications medium invulnerable to government snooping will consist of two soup cans and some string -- and even then, I'd be careful," said Barry Steinhardt, Associate Director of the ACLU. "We are now at a historic crossroad," Steinhardt added. "We can use emerging technologies to protect our personal privacy, or we can succumb to scare tactics and to exaggerated claims about the law enforcement value of electronic surveillance and give up our cherished rights, perhaps -- forever." "The government has been asking for more wiretapping authority than it has ever had before," explained EFF Director of Legal Services, Shari Steele. "Just as more of our communications are becoming digital, law enforcement is getting even greater access. Whatever privacy balance we may have achieved in the past is completely decimated by the FCC's interpretation of CALEA." The privacy groups are being represented on a pro bono basis by Kurt Wimmer and Gerard J. Waldron, attorneys at the Washington law firm of Covington & Burling, and Carlos Perez-Albuerne, an attorney at the Boston law firm of Choate, Hall & Stewart. Oral argument in the court challenge to the CALEA standards is scheduled for May 17, 2000. The Electronic Privacy Information Center (http://www.epic.org) is a non-profit research and advocacy organization based in Washington, DC. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values in emerging communications media. The American Civil Liberties Union (http://www.aclu.org) is the nation's largest and oldest civil liberties organization. In its defense of the principles of the Bill of Rights, it advocates both free speech and privacy rights. The Electronic Frontier Foundation (http://www.eff.org) is a leading global nonprofit organization linking technical architectures with legal frameworks to support the rights of individuals in an open society. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF maintains one of the most-linked-to Web sites in the world. Background materials on CALEA, including documents filed by EPIC, ACLU and EFF with the Federal Communications Commission, are available at EPIC's website: http://www.epic.org/privacy/wiretap/ http://www.epic.org/privacy/wiretap/ More information about wiretapping, and the report "Big Brother in the Wires," can be found at the ACLU's website: http://www.aclu.org/issues/cyber/wiretap_brother.html.

-- Spoonfed (Spoonfed@spoonfedddd.xcom), February 29, 2000

Answers

Another site to visit:

http://www.mlb.com/speech1.htm

ELECTRONIC INTERACTION IN THE WORKPLACE: MONITORING, RETRIEVING AND STORING EMPLOYEE COMMUNICATIONS IN THE INTERNET AGE

-- Spoonfed (Spoonfed@spoonfeddd.xcom), February 29, 2000.

http://www.epic.org/privacy/#topics

PRIVACY "The right to be left alone -- the most comprehensive of rights, and the right most valued by a free people." - Justice Louis Brandeis, Olmstead v. U.S. (1928).

New Documents Reveal Secret Service Role in National Identity Database. As reported in Wired News, Image Data -- a company ostensibly seeking to provide a new method of stopping credit card and check fraud -- has been building a database of cross-referenced photographs and purchase histories. Documents obtained by EPIC through Freedom of Information Act requests show the role of the Secret Service in directing and funding Image Data's pilot programs. In its project of establishing an unprecedented national identity database, Image Data purchases driver's license photos without the permission or knowledge of citizens.

Federal Court Severely Restricts Consumer Privacy. On August 18, the U.S. Tenth Circuit Court of Appeals handed down a decision that erodes consumer control over telephone usage information. The court ruled that phone companies can sell or give consumer proprietary network information (CPNI) -- which includes the location, duration, and frequency of phone calls -- to telemarketers without the explicit permission of customers. The Federal Communications Commission has announced that it will appeal the decision.

Survey Finds Most Sites Still Lack Good Privacy Policies. An industry-funded survey released on May 12 indicates that nearly two-thirds of commercial Web sites display warnings that they collect personal information from visitors, such as names, postal and e-mail addresses and consumer preferences. Most significantly, less than 10 percent of the surveyed sites had comprehensive privacy policies that give users any meaningful control over their information. Two reports prepared by EPIC -- in 1997 and 1998 -- first documented the lack of effective user control.

White House Announces Financial Privacy Initiative. At a White House ceremony on May 4, President Clinton announced the Administration's "plan for financial privacy and consumer protection in the 21st century." See the President's remarks for the details of this initiative.

Congress Urged to Examine Growth of Federal Databases. EPIC joined with a diverse coalition of organization on February 17 in a letter to Congress requesting public hearings on the growth and misuse of federal databases. The groups say that "the proliferation of massive federal databases with virtually no safeguards amounts to a piecemeal erosion of the American people's privacy and undermines our civil liberties." The request was submitted on the eve of press disclosures that the U.S. Secret Service was involved in a plan build a national database of driver's license photographs.

EPIC Urges FCC to Protect User Privacy. EPIC, joined by the American Civil Liberties Union and the Electronic Frontier Foundation, has filed formal comments with the Federal Communications Commission urging it to reject FBI-proposed technical requirements that would -- among other things -- enable law enforcement to determine the location of individuals using cellular telephones. Also at issue is surveillance of Internet communications. The comments on implementation of the controversial Communications Assistance to Law Enforcement Act (CALEA) were filed on December 14. For more information, check the EPIC Wiretap Page.

Safe Harbor or Data Haven? The Department of Commerce has floated a "Safe Harbor" proposal that would allow firms to self-certify privacy practices. The proposal is intended to address European concerns that privacy protection in the United States is not "adequate." But the plan falls short of standard fair information practices and leaves open the question of when actual privacy safeguards will be adopted in the United States. Send your comments, visit The Privacy Page.

Europeans Move Forward on Privacy Protection. The European Union Data Directive went into force October 25. It provides basic privacy rights for consumers and should encourage the development of privacy enhancing technologies. For EPIC's view on the EU Directive, see our testimony before the House Committee on International Relations. For more information about privacy around the world, visit Privacy International.

FCC Okays FBI Cell Phone "Location Tracking" Request. In a statement released on October 22, the Federal Communications Commission expressed its initial approval of FBI-proposed technical requirements that would enable law enforcement to determine the location of individuals using cellular telephones. A formal Notice was released on November 5. The Commission rejected other capabilities requested by the Bureau and deferred decisions on other issues, including surveillance of Internet communications. The initial decision came in a proceeding under the controversial Communications Assistance to Law Enforcement Act (CALEA). EPIC previously filed formal comments with the FCC urging the protection of communications privacy.

FBI Issues Final Capacity Requirements. The Federal Bureau of Investigation sets out wiretap requirements for the nation's telephone system. Companies are expected to comply by October 1998. EPIC and other cyber-liberties groups have sent a letter to Congress and filed comments with the FCC asking for a review of the Bureau's actions. The groups say the FBI has acted in "bad faith" in seeking to implement a massive wiretapping scheme. Rep. Bob Barr (R-GA) has introduced the CALEA Implementation Amendments of 1998 which would delay implimentation until 2000.

General Privacy Information

Surfer Beware. EPIC report on consumer privacy and the Internet. "Surfer Beware: Personal Privacy and the Internet" is based on a review of the privacy practices of top Internet web sites. The report examines the current state of privacy policies on the Internet and includes recommendations to protect online privacy.

Practical Privacy Tools. Information on how to get PGP and other encryption programs, anonymous remailers and other privacy enhancing technologies. EPIC's Online Guide to Privacy Resources. Comprehensive overview of state privacy laws (from the Privacy Journal).

Privacy by Topic: The A to Z's of Privacy

Air Travel Privacy. Materials on passenger profiling and other related proposals being proposed by the White House.

Cable TV Records. Text of the Cable TV Privacy Act of 1984.

Caller ID. Includes FCC rules, court cases and international materials.

Childrens' Privacy. Bills introduced in the House and the Senate last session to restrict collection of personal information about children for marketing purposes.

Conferences. List of upcoming conferences on privacy.

Cookies. What *are* those nasty little things, and who's been putting them on your hard drive? Check our cookies page for a list of good resources.

Copyright and Privacy.NII Copyright Protection Act raises privacy issues. Comments of the Digital Futures Coalition and the Consumer Project on Technology.

Counter-terrorism. Congressional proposals to increase wiretapping, revise government guidelines on investigating domestic political groups and obtain easier access to credit reports and transactional information.

Credit Reports. Text of the Fair Credit Reporting Act, FCRA facts from the Federal Trade Commission and information on contacting the credit bureaus on the EPIC Federal Trade Commission page..

Cryptography Policy . Information on the Clipper Chip, Key Escrow and other pending issues related to cryptography policy.

Digital Cash. Federal Reserve Chairman Alan Greenspan delivered a major speech discussing privacy and electronic payment systems, noting the need for policies that "avoid the risk of a gradual, long-term erosion of privacy." Also, check out an earlier speech by Greenspan on the important role of cash transactions for consumers.

Direct Marketing and Junk Mail. Information on Avrahami case and other attempts to protect personal information and stem the flow of junk mail.

Driving Records. Drivers Privacy Protection Act of 1994.

Electronic Mail. "Electronic Interaction in the Workplace: Monitoring, Retrieving and Storing Employee Communications in the Internet Age," a comprehensive analysis (from the *employer* perspective) by Mark S. Dichter and Michael S. Burkhardt (October 1996). For a different perspective, see the Ontario Privacy Principles for E-mail.

Federal Trade Commission. Consumer protector or industry lapdog? What the FTC has done (or not done) on protecting privacy on the net and with credit reports.

International Privacy. Information on international privacy laws and standards, including the recently enacted EU Data Protection Directive and proposals for Canada and the US. Also see the Privacy International Home Page

Internet Privacy. EPIC reports, Email privacy, American Online, the Federal Trade Commission, Spam and more.

Medical Records. Information on current problems and pending legislation.

National ID Cards. Pending proposals in Congress, reports, and international updates.

New Technologies. "Big Brother Goes High Tech" by Dave Banisar. A summary of new surveillance technologies. Information on EPIC and Privacy International's annual conference on Advanced Surveillance Technologies.

Online Databases. What Big Brother holds on you. Information on IRS employee browsing, the SSA PEBES controversy, Filegate and FBI Databases.

Personal and Consumer Information. How personal information about you is stored, transferred and used.

Public Opinion. What the American public thinks about privacy.

School Records. Paper on Privacy of Education Records and text of the Family Educational Right to Privacy Act. Washington Post article on controversial Virginia proposal to create extensive database of student records.

Social Security Numbers. Information on how to protect your SSN, the text of the 1974 Privacy Act and various court cases on disclosure.

SPAM -- Unsolicited E-Mail. Resources on SPAM and pending proposals to curb it.

Video Surveillance. Extensive page from Privacy International on Closed Circuit TV and video surveillance.

Wiretapping and Electronic Surveillance. Updates on the digital telephony law, statistics, and other material on electronic surveillance.

Workplace Privacy. Report by former chair of US Privacy Protection Study Commission finds US standards inadequate, recommends legislation. Survey by the American Management Association finding that two-thirds (63.4%) of surveyed organizations practice one or more of the eight forms of electronic monitoring.

Last modified: May 12, 1999

-- Spoonfed (Spoonfed@spoonfedd.xcom), February 29, 2000.

Hi Spoonfed, thanks for this informative post.

Personally I don't believe we have privacy in any aspect of our lives. No communication is private, internet, telephone, cell phone, or letters typed on your computer. NSA has been recording conversations since the late 70's, early 80's.

Your drivers license information is available to more people than you can ever imagine, and in many states is not only open to the public, but is sold many times over. Same with credit history. Books checked out at the public library can easily be traced.

Your property: Each utility in your home maintains records, and those are available to law enforcement, and a host of other people. Whats your water usage, is it consistent with one, two or three people? What about electricity usage? Telephone, you don't even want to know how far those records go.

Conversations within the confines of your house, can be recorded from the outside. Your whereabouts (and activities)inside your property can easily be viewed, by use of certain kinds of heat seeking and infrared equipment, which are quite available in most larger metro areas.

Night vision and parabolic mics can record your conversations in dark alleys.

What it boils down to, is that privacy has been gone for a very long time. I don't forsee any chance of ever getting it back.

-- nobody (dont@nowanybody.com), March 01, 2000.

I agree with you nobody. I have a scanner that I listen to on a daily basis, and people do not realize that his/her telephone conversations (cell and hand-held phones) are being listened to by people like me. I hear lots of personal information (bank account numbers, SS numbers, credit card numbers, affairs), and if people are that lax in their personal matters on the air waves, I can only imagine what the government has on all of us.

-- Spoonfed (Spoonfed@spoonfeddd.xcom), March 01, 2000.

This Country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.

Abraham Lincoln First Inaugural Address Washington, D.C. March 4, 1861

-- SB Ryan G III (sbrg3@juno.com), March 01, 2000.