Mary Jean Harrold 1 CS 4001

Class 8

Questions about term paper—list of possible topics available later today

Communications discussion Communications assignment

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Intercepting Communications

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Outline

Overview of the Controversies

Intercepting Communications

Cryptography and Its Uses

Encryption Policy: Access to Software, Keys,

and Plaintext

Fundamental Issues

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Overview of Controversies

Communications Privacy Affected by Interception of communications, including:

Telephone, E-mail, and Web activity.

Restrictions on secure encryption. Exportation of strong encryption was viewed as a threat to national

security.

CALEA (Communications Assistance for Law Enforcement Act. Communications technology must assist law enforcement, not

hinder.

Global surveillance systems. The constitutionality of domestic systems and the necessity of

international systems are under question.

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Q: Can law enforcement intercept communications without a court order?

Intercepting Communications (1)

Wiretapping Telephone:

Pre-1934: used widely by government, businesses, and private sector.

1934: the Federal Communications Act disallowed unauthorized wiretaps; many ignored the law.

1968: the Omnibus Crime Control and Safe Streets Act restricted wiretapping by requiring a court order.

Mary Jean Harrold 6 CS 4001

Intercepting Communications (2)

Wiretapping New Technologies:

1986: Electronic Communications Privacy Act (ECPA) and its amendments restricted government interception of e-mail, cell-phones, etc.

2001: USA Patriot Act loosened restrictions on government wiretapping and communications interception.

Q: Does the USA Patriot Act supersede ECPAs restrictions?

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Q: Why did privacy advocates object to CALEA?

Intercepting Communications (3)

Designing Communications Systems for Interception and Tracking Obstacles to interception:

Incomplete pen-registers as a result of long distance service. Packet-mode communications (e-mail, file transfers, Internet

phones).

Solutions: CALEA: Requires telecommunications equipment be

designed to ensure interception by law enforcement (with court order).

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Q: CALEA allows for the interception of PINs. Do you support this use?

Intercepting Communications (4)

Designing Communications Systems for Interception and Tracking (cont’d)

CALEA Costs include modified hardware, software, and overuse by

authorities. Wiretappable systems vulnerable to criminal hacking,

industrial spies, etc.. Competition weakened due to restricted changes and

diversities. Civil liberties threatened by nationwide standard for

surveillance.

Mary Jean Harrold 9 CS 4001

Q: Does Carnivore violate the 4th Amendment?

Intercepting Communications (5)

Carnivore FBI’s system to intercept e-mail with a court order.

Pro: Law enforcement needs this tool to fight crime. Con: All e-mail goes through FBI’s Carnivore system.

Mary Jean Harrold 10 CS 4001

Q: Should the NSA be permitted to intercept all e-mail entering and leaving the U.S.?

Intercepting Communications (6)

NSA and Echelon NSA (National Security Agency):

Collects and analyzes communications to find threats to national security.

Echelon: Member nations intercept communications for each other.