ACLU Seeks Carnivore Source Code

[InfoSec News <isn () C4I ORG>]

Forwarded By: Jonathan Rickman <jonathan () infosec 20m com>


http://www.aclu.org/news/2000/n071400a.html

WASHINGTON -- In what may be the first request of its kind, the
American Civil Liberties Union is asking the Federal Bureau of
Investigation to disclose the computer source code and other technical
details about its new Internet wiretapping programs.

In a Freedom of Information Act (FOIA) request sent today to the FBI,
the ACLU is seeking all agency records related to the government
e-mail "cybersnoop" programs dubbed Carnivore, Omnivore and Etherpeek,
including "letters, correspondence, tape recordings, notes, data,
memoranda, email, computer source and object code, technical manuals,
[and] technical specifications."

Computer "source code" is the set of instructions for a program
written by its creators, which is compiled into "object code" which
can be read by machines.

"Right now, the FBI is running this software out of a black box," said
Barry Steinhardt, Associate Director of the ACLU and author of the
letter. "The FBI is saying, ?trust us, we're not violating anybody's
privacy.' With all due respect, we'd like to determine that for
ourselves."

To the ACLU's knowledge, the request for program source code is the
first of its kind. But Steinhardt said that two federal appeals court
rulings that computer code is a form of speech, no different from any
other written document, support the ACLU's demand under the the
Freedom of Information Act. The Act gives Americans broad rights to
obtain written information held by the federal government.

Technical data on traditional telephone wiretaps is currently
available in public documents, Steinhardt said. Similar access to the
computer source code of Carnivore and other such programs is necessary
to determine just how the software operates and whether e-mail privacy
is being violated.

The unbridled uses of these technologies "cry out for Congressional
attention if we are to preserve Fourth Amendment rights in the digital
age,"the ACLU said in a July 11 letter to members of Congress.

Revelations about the Carnivore program also prompted calls for
disclosure from lawmakers concerned about privacy. In a statement
issued on July 12, House Majority Leader Dick Armey called on Attorney
General Janet Reno and FBI Director Louis Freeh to "stop using this
cybersnooping system until Fourth Amendment concerns are adequately
addressed."

In addition, the House Judiciary Committee Subcommittee on the
Constitution has scheduled a hearing on the matter for Monday, July
24. The ACLU has asked to submit testimony to the Committee.

The FBI has 20 business days to respond to the FOIA request. The ACLU
is seeking a response on an expedited basis, the letter said, "because
this information relates to impending policy decisions to which
informed members of the public might contribute."

"If our request is denied in whole or part, we ask that you justify
all deletions by reference to specific exemptions of the act," the
ACLU letter concluded.



The ACLU's letter to the FBI follows.




July 14, 2000

Attention:
John Kelso Jr.
Federal Bureau of Investigation
Chief, FOI/PA Section, Rm. 6296 JEH
Washington, D.C. 20535-0001

Dear Mr. Kelso:

We are writing pursuant to the Freedom of Information Act (5 U.S.C.
Sec. 552) to request all agency records including letters,
correspondence, tape recordings, notes, data, memoranda, email,
computer source and object code, technical manuals, technical
specifications, or any other materials held by the Federal Bureau of
Investigation regarding the following:

The computer system, software or device known as "Carnivore", which
has been or is currently used by the FBI in connection with trap and
trace and pen register orders served on Internet Service Providers or
in connection with orders for the interception of the content of
electronic communications served on Internet Service Providers;


The computer system, software or device known as "Omnivore", which has
been or is currently used by the FBI in connection with trap and trace
and pen register orders served on Internet Service Providers or in
connection with orders for the interception of the content of
electronic communications served on Internet Service Providers, and


The computer system, software or device known as "EtherPeek", which
has been or is currently used by the FBI in connection with trap and
trace and pen register orders served on Internet Service Providers or
in connection with orders for the interception of the content of
electronic communications served on Internet Service Providers. We
seek a waiver of fees associated with the fulfillment of this request
for all search and processing fees, pursuant to Section
552(a)(4)(A)(ii)(II) of the Freedom of Information Act. Records are
not sought for commercial use, and as a representative of the news
media, the American Civil Liberties Foundation (ACLU Foundation)
qualifies for a fee waiver under this provision of the FOIA. The
organization meets the criterion laid out in National Security Archive
v. Department of Defense, where a representative of the news media is
defined as an entity that "gathers information of potential interest
to a segment of the public" and "uses its editorial skills to turn raw
materials into a distinct work, and distributes that work to an
audience." 881 F. 2d at 1387. The ACLU Foundation publishes
newsletters, frequent press releases, news briefings, right to know
handbooks, and other materials that are disseminated to the public.
Its material is widely available to everyone including tax exempt
organizations, not-for-profit groups, law students and faculty for no
cost or for a nominal fee through its public education department. The
ACLU Foundation disseminates information through publications
available on-line at www.aclu.org as well.

In addition we request a fee waiver for duplication costs because
disclosure of this information is in the public interest. It is likely
to contribute significantly to the public understanding of the
activities of the government. The ACLU Foundation is a nonprofit
501(c)3 research and education organization working to increase
citizen participation in governance issues. The ACLU Foundation is
making this request specifically for the public's enhanced
understanding of lawfully authorized wiretapping, its relationship to
constitutional guarantees of privacy as well as an understanding of
global technological developments in wire and electronic networks that
facilitate and expedite such wiretapping. The public's interest is
particularly pertinent in light of advancing communications technology
and the rapid growth of the World Wide Web. These developments have
greatly increased the communications interconnectedness of all the
countries in the world, especially technologically advanced nations
like the US and the Netherlands.

We also seek expedited review of this FOIA request because this
information relates to impending policy decisions to which informed
members of the public might contribute. Timely public access to these
materials is necessary to fully inform the public about the issues
surrounding communications interception and related technological
developments.

If our request is denied in whole or part, we ask that you justify all
deletions by reference to specific exemptions of the act. We expect
you to release all segregable portions of otherwise exempt material.
We reserve the right to appeal your decision to withhold any
information or to deny a waiver of fees.

We look forward to your reply within 20 business days, as the statute
requires under Section 552(a)(6)(A)(I).

Thank you for your assistance.

Sincerely,

Barry Steinhardt, Esq.
On behalf of the ACLU Foundation

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