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- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!usc!wupost!cs.uiuc.edu!kadie
- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Subject: [] DoJ Has NOT "Authorized" Keystroke Monitoring
- Message-ID: <C0oL07.ow@cs.uiuc.edu>
- Followup-To: alt.comp.acad-freedom.talk
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Date: Mon, 11 Jan 1993 08:31:19 GMT
- Lines: 83
-
- [A repost - Carl]
-
- Date: Fri, 18 Dec 1992 02:35:52 EDT
- From: Dorothy Denning <denning@CS.GEORGETOWN.EDU>
- Subject: DoJ Has NOT "Authorized" Keystroke Monitoring
-
- Dave Banisar posted a message a while back with the headline "DOJ
- Authorizes Keystroke Monitoring." The following article by Dennis
- Steinauer of NIST clarifies just what exactly the DOJ really said.
-
- Dorothy Denning
- denning@cs.georgetown.edu
- +++++++
- from PRIVACY Forum Digest, Vol. 01:Issue 28
-
- Date--Fri, 11 Dec 92 16:14:09 EST
- From--dds@csmes.ncsl.nist.gov (Dennis D. Steinauer)
- Subject--DoJ Has NOT "Authorized" Keystroke Monitoring
-
- The Subject line on the recent reposting by David Banisar of the 7 Dec
- 92 advisory from CERT/CC is highly misleading and inappropriate. As
- with some newspapers, it is important that people read more than just
- the headlines.
-
- The Department of Justice hasn't "authorized" anything. Rather, they
- are advising system administrators that certain activities, namely the
- monitoring or recording of user-to-computer session transmissions
- (hence "keystroke monitoring") MAY be found illegal in certain
- circumstances and that notice should be given to users.
-
- The CERT advisory was extracted from a letter to the National
- Institute of Standards and Technology (NIST) from DoJ. Justice asked
- NIST in its role of providing computer security guidance to Government
- to circulate the letter and provide appropriate guidance. We have
- made the letter available, without comment, through several government
- and other channels (including CERT, I4, etc.).
-
- The letter is intended to advise system administrators of an ambiguity
- in U.S. law that makes it unclear whether session monitoring, often
- conducted by system administrators who suspect unauthorized activity,
- is basically the same as an unauthorized telephone wiretap. I repeat,
- the law is *unclear* -- and the fact that one can argue either way on
- the issue does not clarify the law as currently written. DoJ advises,
- therefore, that if system adminstrators are conducting session
- monitoring or anticipate the need for such monitoring, they should
- ensure that all system users be notified that such monitoring may be
- undertaken.
-
- The DoJ advice, therefore, is not "authorizing" anything -- even
- implicitly. They have simply observed the types of activities that
- diligent system managers often undertake (a la Cliff Stoll in "The
- Cuckoo's Egg") in an attempt to protect their systems from
- unauthorized users, and they have rendered some prudent legal advice.
-
- Clearly, there are lots of issues here -- technical and otherwise --
- that will need to be discussed and sorted out. Indeed, changes in
- agency/organizational policies and even the law are probably needed.
- However, none of this changes the fact that system administrators need
- now to be aware of the potential impact of their activities, and the
- DoJ advice attempts to do this.
-
- We (NIST) are developing additional guidance for system administrators
- to assist them in implementing the DoJ recommendations. I expect that
- others will be doing likewise. We also hope to encourage discussion
- of the related technical and other issues. In the meantime, system
- adminstrators are well advised to read the basic DoJ advice and
- examine their systems and agency policies to determine if, where, and
- how notices should be provided to users. We welcome comments and
- suggestions, particularly regarding approaches that various
- organizations take in dealing with this issue.
-
- =====
- Dennis D. Steinauer
- National Institute of Standards and Technology
- A-216 Technology
- Gaithersburg, MD 20899 USA
- (301) 975-3359
- (301) 948-0279 Facsimile
- DSteinauer@nist.gov (e-mail)
- NIST Security BBS: 301-948-5717 (cs-bbs.nist.gov)
- --
- Carl Kadie -- I do not represent any organization; this is just me.
- = kadie@cs.uiuc.edu =
-