Legislation Pushed to Track Terrorists Over Networks

Computerworld - Washington

The Bush administration is seeking quick action by Congress on a sweeping set of antiterrorism laws intended in part to make it easier for law enforcement agencies to track communications over phones and computer networks.

The proposal expands the government's wiretap authority, allowing law enforcement agencies to seek one order to track communications in any jurisdiction and over any technology. In short, it gives enforcement agencies the ability to monitor an individual, regardless of what form of communication—landline, e-mail or cell phone—a suspect uses.

But the proposal doesn't address encryption, which is attracting increasing legislative interest. Lawmakers are investigating whether encryption software should be developed with back doors that could be opened with a court order.

The current law requires investigators to seek court approval in each jurisdiction for each device being monitored. That law is "ill-adapted for use in communications over multiple cell phones and computer networks," said Attorney General John Ashcroft at a House Judiciary Committee meeting last week.

"We're not asking the law to expand, just to grow as technology grows," he said. Terrorists using networks to mask communications have a "competitive advantage," he added.

Lawmakers, while eager to give law enforcers the legal tools they need, are worried that some of the measures may not hold up in court. "Some have said it's unconstitutional on its face," said Rep. John Conyers (D-Mich.). "Let me be more polite: We're troubled; we're deeply troubled."

A key concern is that the law goes beyond terrorists and could be used in the prosecution of routine criminal cases. One provision that's raising eyebrows would allow U.S. prosecutors to use wiretap information obtained by foreign governments, even if the collection of that information violates U.S. search-and-seizure protections. Others critics say the proposal would justify the broad use of Carnivore, the FBI's e-mail search technology.

Jerry Berman, who heads the Center for Democracy and Technology, a privacy rights group in Washington, said there may be a need for new legal authorities. "But there is potential serious collateral damage to our Constitution and civil liberties in the attorney general's bill," he said.

Civil libertarians said they are worried that this legislation may move through Congress too fast. But final action on the bill may be several weeks away.

Legal Remedies The Bush administration sent a package of new antiterrorism laws to Congress last week. Wiretapping: Current law restricts wiretaps to certain locations. Proposed change would let investigators get a single order to track communications across multiple jurisdictions and over different types of systems. Broader definition: Expands the definition of terrorists to include those who lend support to terrorist organizations and gives federal immigration authorities the power to detain suspects.

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