FC: House Judiciary to vote on anti-terror bill today; EPIC letter

[Declan McCullagh <declan () well com>]

http://www.wired.com/news/conflict/0,2100,47264,00.html

   Terror Bill Foes Seek Changes
   By Declan McCullagh (declan () wired com)
   6:53 a.m. Oct. 3, 2001 PDT

   WASHINGTON -- Opponents of increased wiretapping powers for police are
   preparing a series of last-minute amendments before a scheduled vote
   in Congress Wednesday afternoon.

   The amendments are a hastily organized attempt to excise the most
   controversial surveillance sections from an anti-terrorism bill when
   the House Judiciary committee meets to vote on it at 2 p.m. EDT.

   [...]

*********

Date: Wed, 3 Oct 2001 10:12:23 -0400
To: Declan McCullagh <declan () well com>
From: Marc Rotenberg <rotenberg () epic org>
Subject: EPIC Letter to Congress (10.2.01)

Declan -

I'd appreciate if you would forward to FC. The House
is expected to act later today.

Regards,

Marc Rotenberg.

-----------------------

http://www.epic.org/privacy/terrorism/cong_ltr_10_02_01.html
EPIC Letter to Congress on Proposed Anti-Terrorism Legislation

October 2, 2001

Dear Member of Congress:

We write first to thank you for your response to the tragic events
of September 11. The Congress has already taken many steps to help
safeguard America, to begin the process of healing and rebuilding,
and to restore America's confidence in air travel. These are
important measures that respond to the public's concerns in the
aftermath of the crisis.

Now that new proposals are before the Congress for significant
changes in the law relating to electronic privacy, immigration
policy, police procedures, criminal investigations, and grand jury
practices, we ask you to consider carefully whether these provisions
respond to the needs of investigating and preventing terrorist acts
or whether they risk diminishing basic freedoms at a time of crisis.

Going forward, we urge you to consider that:

        * Any expansion of existing authorities should be based upon a
        clear and convincing demonstration of need. Congress should
        assess the likely effectiveness of any proposed new powers in
        combating the threats posed by terrorist activity.

        * Any new authorities deemed necessary should be narrowly
        drawn to protect the privacy and constitutional rights of the
        millions of law-abiding citizens who use the Internet and
        other communications media on a daily basis.

        * The longstanding distinction between domestic law
        enforcement and foreign intelligence collection should be
        preserved to the greatest extent possible consistent with the
        need to detect and prevent terrorist activity.

Specifically, we recommend that the FISA standard for surveillance
authority not permit the gathering of evidence for routine criminal
investigations. This proposal will reduce the authority of the
judiciary and dramatically increase electronic surveillance. We
further oppose efforts to treat computer crime as an act of
terrorism. Such a change would bring disproportionate investigative
resources to many routine crimes and obscure the larger threat that
genuine terrorist acts present. Many of the other proposed
expansions of surveillance authority are not limited to
investigations of terrorism, but would be generally applicable to
all criminal investigations. Any measures deemed necessary to
address the current circumstances should be confined to cases
involving suspected terrorist activity.

Further, the proposed expansion of pen register authority would
increase the use of the FBI's controversial Carnivore system. An
independent review team retained by the Justice Department to
examine Carnivore found that the system is subject to abuse, and
recommended specific changes to better protect privacy. But none of
those recommendations have been implemented. Nor has the Department
completed a promised internal review of the legal and policy
implications of the system. Congress should not endorse the proposed
changes to the pen register statute until the Department fulfills
its commitment to correct the Carnivore system in response to its
documented defects.

Law enforcement and intelligence agencies already possess broad
authority to conduct investigations of suspected terrorist activity.
Further expansions of surveillance authority will invariably impose
a cost on the privacy rights of Americans. A focused, measured
response to the threat of terrorist acts is the course most likely
to protect America and America's freedoms.

We appreciate your consideration of our views. A detailed
legislative memo on the privacy implications of the proposed
anti-terrorism legislation and other similar measures is available
at our web site www.epic.org. We can also be reached at
202-483-1140.


Sincerely,


Marc Rotenberg
EPIC Executive Director

David L. Sobel
EPIC General Counsel




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