Representative Lamar Smith Introduces Web Wiretap Bill
By Brian Krebs, Newsbytes ; WASHINGTON, D.C ; 25 Sep 2001, 4:48 PM CST
House Judiciary Crime Subcommittee Chairman Lamar Smith, R-Texas, introduced legislation last Thursday that would make it easier for federal investigators to obtain court approval for eavesdropping on Internet communications.
Smith said the focus of his bill - H.R. 2915, "The Public Safety and Cyber Security Enhancement Act of 2001" - is to assist the FBI in its ongoing investigation into the Sept. 11 terrorist attacks.
"As chairman of the Crime Subcommittee, it is my role to ensure that law enforcement has greater authority to investigate and pursue suspected terrorists," Smith said in a brief statement released today. "For those families who search for answers and for those Americans who want security, this is necessary legislation."
H.R. 2915, amends sections of the Electronic Communications Privacy Act (ECPA) to extend pen register or so-called "trap and trace" provisions to the Internet.
Under existing law, law enforcers can obtain trap and trace order to glean a suspect's phone records simply by telling a judge they are needed in the course of an ongoing investigation.
Because such records include only numerical information (what numbers a suspect called and was called from) the standard for obtaining such an order are dramatically lower than the standards for getting a wiretap order.
But by expanding such authority to the Internet, civil libertarians argue that Congress could open the door for law enforcers to get far more substantial information about a suspect's communications (subject lines, search terms, etc.) using the same low evidentiary standard.
"We're not saying they shouldn't be able to use (Internet trap and trace orders) but they should have to get Title Three order to do so," said Barry Steinhardt, associate director of the American Civil Liberties Union (ACLU).
To obtain a Title III order, lawmakers must demonstrate to a judge that a crime is being committed. Unlike trap and trace orders - which judges are required to approve based on a simple assertion that law enforcement is investigating a suspect – Title III gives the judge authority to accept or reject the request.
The same elements of Smith's bill also are included in the broad omnibus anti-terrorism package supported by the Bush administration.
Newsbytes Staff Writer David McGuire contributed to this report.
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