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- Subject: Wiretap loophole concerns.
- From: the tty of Geoffrey S. Goodfellow <Geoff @ SRI-CSL>
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-
- TAP 2takes (EXCLUSIVE: 10 p.m. EST Embargo) A
- Loophole Raises Concern About Privacy in Computer Age By DAVID BURNHAM
- c. N.Y. Times News Service
- WASHINGTON - Telecommunications experts are expressing concern
- that the federal wiretap law does not make it a crime for anyone,
- whether private citizen, law enforcement officer or foreign spy, to
- intercept the millions of messages transmitted around the United
- States each day by computer.
- The experts, who are in Congress, the American Telephone and
- Telegraph Co., and the American Civil Liberties Union, say the
- importance of the loophole in the 1968 law has been greatly magnified
- in recent years with the increasing use of computers for storing and
- transmitting personal, business, and government information.
- Three congressional panels are considering whether the law should
- be rewritten to reflect the computer
- n, both in
- Congress and among the experts, is whether the loophole gives local,
- state, and federal law enforcement officers an opportunity to conduct
- computerized electronic surveillance without the court approval
- required for wiretaps.
- There is no evidence of widespread exploitation of the law by
- officers. But John Shattock, director of the national office of the
- civil liberties union, said: "The issue here is the privacy of
- communications against secret government surveillance. The threat here
- truly is Big Brother, not a group of little kids."
- Some fear that any change in the current law, unless it is done
- carefully, could inadvertently increase or decrease the power of law
- enforcement officers.
- The wiretap law forbids the monitoring of conversations except for
- law enforcement officers who have obtained a warrant from a judge. In
- the age of the computer, however, more and more messages, including
- those expressed by the human voice, are broken do
-
- bits" in their transmission.
- But because of the way the 1968 law is written, the interception
- of these bits is not a crime and the police are free to intercept them
- without warrants.
- Most electronic surveillance is passive, making it impossible to
- measure how much the loophole is being exploited, whether by the
- authorities, by industrial spies, by organized crime figures trying to
- make a killing in the stock market, by international spies seeking
- government data, or by curious individuals with a personal computer.
- But in recent months a number of computerized data banks in
- government and industry have become the targets of long-distance
- telephone attacks by amateur computer experts working from their home
- computers. In addition, indictments have charged foreign computer
- concerns with attempting to purchase sensitive details about the
- products of American companies.
- More seriously, p1years ago the Carter
- administration announced that it bel
- Union was using
- antennas believed to have been set up on its grounds in Washington,
- New York, and San Francisco to intercept digital information being
- transmitted in microwaves by businesses and government agencies.
- The Carter administration took limited technical steps to prevent
- the Russians from obtaining sensitive government data and ordered the
- National Security Agency to help private corporations improve their
- security. But it never took any formal legal action against the
- Russians or formally asked Congress to amend the law.
- H.W. William Caming oversees privacy and corporate security
- matters at AT&T. "As we enter the year made famous by George Orwell's
- book, 'Nineteen-Eighty-four,' computer crime is on the rise and may
- well constitute a major crime threat of the 1980s," he said in a
- recent interview. "We therefore are encouraged by and vigorously
- support current efforts in Congress and the states to enact suitable
- legislation concerning compute
- ieve that such
- legislation should include provisions making it a crime to secretly
- intercept non-voice communications."
- AT&T is not the only company concerned about the wiretap law. In
- response to an inquiry, Satellite Business Systems, a major new data
- communications company jointly owned by International Business
- Machines, the Aetna Life and Casualty Co., and Comsat, agreed that
- some experts believed there was a "potential loophole" in current
- law and that, to the extent this was so, "legislation to make clear
- that such unauthorized interception is prohibited would be useful."
- The 1968 wiretap law makes it a federal felony for a third party
- to intercept the conversations of others by placing an electronic
- listening device, or a "bug," in a telephone or other place such as
- an office.
- The only exception is that federal, state, and local law
- enforcement officers may use wiretaps in the investigation of certain
- crimes but only with the approval of
- ecutor of a
- particular jurisdiction and a special warrant from a judge.
- The law does not apply to computer tapping
-
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