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Class 8

Class 8. Questions about term paper—list of possible topics available later today Communications discussion Communications assignment. Intercepting Communications. Outline. Overview of the Controversies Intercepting Communications Cryptography and Its Uses

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Class 8

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  1. Class 8 • Questions about term paper—list of possible topics available later today • Communications discussion • Communications assignment Mary Jean Harrold

  2. Intercepting Communications Mary Jean Harrold

  3. Outline • Overview of the Controversies • Intercepting Communications • Cryptography and Its Uses • Encryption Policy: Access to Software, Keys, and Plaintext • Fundamental Issues Mary Jean Harrold

  4. 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. Mary Jean Harrold

  5. 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. Q: Can law enforcement intercept communications without a court order? Mary Jean Harrold

  6. 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? Mary Jean Harrold

  7. 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). Q: Why did privacy advocates object to CALEA? Mary Jean Harrold

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

  9. 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. Q: Does Carnivore violate the 4th Amendment? Mary Jean Harrold

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

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