ASHCROFT SAYS HE WANTS BROADER WIRETAP AUTHORITY
Justice Dept. (DoJ) wants fewer restrictions on wiretaps and plans to have legislation to Congress by as late as Wed. that would let investigators monitor person rather than individual phone line, Attorney Gen. John Ashcroft said in news briefing Mon. Legislation also would allow wiretap order on individual to extend beyond single jurisdiction. Ashcroft urged Congress to enact legislation by end of week. Congress is observing Rosh Hashanah holiday and won’t return until Thurs. Legislation also could include other changes in electronic surveillance regulations, but DoJ spokeswoman said there were many details to be worked out. “This is a reasonable upgrade in our opportunity to help us curtail and combat the threat,” Ashcroft said. “We need these tools.”
Ashcroft described “disposable telephones” and ability for individuals to change telephone numbers frequently. He said many individuals had multiple phones, both landline and cellphone, at their regular disposal. DoJ spokeswoman didn’t know whether investigators had all technology needed to monitor telephones, for which users could change numbers frequently. Senate Sept. 13 approved amendment to Commerce-Justice-State appropriations bill to extend some monitoring provisions used for cellphone technology (pen register and trap & trace) to Internet (CD Sept 17 p1). It also would allow U.S. Attorney, instead of high-ranking Justice Dept. official, to request order from federal judge and allow monitoring of suspects across jurisdictions.
Intelligence agency R&D to develop fiber-related wiretap capabilities must be given increased support, Sen. Kyl (R-Ariz.) said late last week in debate on Commerce-Justice-State funding bill (HR-2500). Referring to a “sense of the Senate” provision within a wiretap amendment to the bill, Kyl said the govt. should “commence a long-term [R&D] program” to address various technological means of combating and preventing terrorist attacks: “Our intelligence folks really need to begin R&D into techniques for dealing with things such as fiber optic cable. It is very difficult to intercept communications. With things such as encryption, it is very difficult to hear what people really are saying… We need to be able to develop the techniques to meet these new challenges.”
Ashcroft said privacy would be protected: “We are also mindful of our responsibility to protect the rights and privacy of Americans.” Safeguards to protect individuals rights still will be in place, said James Lewis, Center for Strategic & International Studies (CSIS) dir.-Technology & Public Policy. Ashcroft proposal still would require investigators to make factual showing to judge before getting wiretap order, Lewis said. At least 95% of all wiretaps are used for investigations of narcotics, terrorism, organized crime or kidnaping, officials said. “This simply allows investigators to be more flexible in how they target a wiretap,” he said.
Privacy advocates expressed concern over provisions and speed at which they could move through Congress. David Sobel, Electronic Privacy Information Center (EPIC) gen. counsel, said legislation should include “sunset provision” or other language that would make it temporary. “It’s very difficult to anticipate the actual affect of this legislation,” he said. “I'm not sure that anyone, including [Sen.] Leahy (D-Vt.), can assess these proposals without the standard process of hearings and debates. If these matters are so critical in the short term, then pass them on a temporary basis.” James Dempsey, Center for Democracy & Technology (CDT) senior staff counsel, said it was important that procedures and standards remained intact to prevent “sloppy policy work.” Also, he said very few members of Congress truly understood amendments and legislation proposed, but were eager to pass anything associated with terrorism. “They could pass legislation that they don’t understand,” he said.