Fourth Amendment Issues Raised by the FBI's "Carnivore" Program: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Sixth Congress, Second Session, July 24, 2000

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Page 22 - Mr. Chairman, I want to thank you again for this opportunity to present the views of the American Society of Medical Technologists.
Page 52 - ... specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation.
Page 82 - Indeed, a law enforcement official could not even determine from the use of a pen register whether a communication existed. These devices do not hear sound. They disclose only the telephone numbers that have been dialed — a means of establishing communication. Neither the purport of any communication between the caller and the recipient of the call, their identities, nor whether the call was even completed is disclosed by pen registers.
Page 21 - Web sites, by using a •'free-trial" account or two, or by "wiping clean" the logging records that would be evidence of their activity. In some cases, the criminal may not even be in the same country as the victim. The global nature of the Internet, while one of the greatest assets of the Internet to law-abiding citizens, allows criminals to conduct their illegal activity from across the globe. In these cases, the need to respond quickly and track the criminal is increasingly complicated and often...
Page 12 - Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days.
Page 11 - Mr. Chairman and members of the Subcommittee: I am grateful for this opportunity to appear before you today.
Page 12 - ... landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted.
Page 49 - Chairman and members of the subcommittee, I am pleased to testify before you today on the manpower program of the Department of Defense.
Page 63 - This would prohibit the government from using improperly obtained information about electronic communications. • Require notice and an opportunity to object when civil subpoenas seek personal information about Internet usage. • Improve the notice requirement under ECPA to ensure that consumers receive notice whenever the government obtains information about their Internet transactions. • Require statistical reports for 2703 disclosures, similar to the reports required under Title III.
Page 13 - sniffing" the proper portions of network packets and copying and storing only those packets which match a finely defined filter set programmed in conformity with the court order. This filter set can be extremely complex, and this provides the FBI with an ability to collect transmissions which comply with pen register court orders, trap & trace court orders, Title III interception orders, etc. It is important to distinguish now what is meant by "sniffing.

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