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Intercepting Communications

Intercepting Communications. Wiretapping Telephone: Pre-1934: used widely by government, businesses, and private sector. 1934: the Federal Communications Act disallowed unauthorized wiretaps; many ignored the law.

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Intercepting Communications

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  1. Intercepting Communications • 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?

  2. Intercepting Communications • 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?

  3. Intercepting Communications • 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?

  4. Intercepting Communications • 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?

  5. Intercepting Communications • 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?

  6. Intercepting Communications • 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.?

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