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To: Paul Fiondella who wrote (27839)	8/23/1999 2:57:00 PM
From: Frederick Smart	Read Replies (1) \| Respond to of 42771

BIG Cyber Brother Knocking..... >>Now You Are an Enemy of the State! Jesse Berst, Editorial Director ZDNet AnchorDesk In "Enemy of the State," actor Will Smith plays an ordinary lawyer accidentally caught in a murder conspiracy. His life is destroyed when government agents track and trace him using cutting edge electronics. Now the government wants permission to do such things for real. According to the Washington Post, the U.S. Department of Justice wants the right to break into your home and (without your knowledge) disable the security precautions on your computer. Then it can track and trace everything you do. Click for more. Right now, the effort exists as draft legislation for a "Cyberspace Electronic Security Act." In essence, it extends the concept of hidden listening devices (a legal but rarely used surveillance technique) to computers. There's no question we need a strong, capable Justice Department. And there's no question computers have made it easier for criminals to elude law enforcement. If we don't find ways to protect society against computer-aided crime, we're all in trouble. On the other hand, giving the government the right to spy on ordinary citizens is a terrifying thought. We'd have to be convinced that every single government official is a sincere, ethical individual who would never step over the boundaries, no matter what the temptation. I don't know your opinion of politicians and bureaucrats, but -- from the President on down -- withstanding temptation doesn't seem to be their strong suit. As much as I want to see drug traffickers caught... child pornographers put away... white collar criminals brought to justice... I can't bring myself to support this idea. Trade groups and civil libertarians are already raising a ruckus. Click for more. I'm on their side, this time. What about you? Please take our QuickPoll below so we can share your vote with legislators and other officials. Or join my Berst Alerts forum and see what other readers think. And please use the TalkBack link to give us your opinion. Whether you're for or against, this is the time to raise your voice. If the government succeeds, by this time next year you may not need to vote in polls. Or send letters to the editor. The government may already have your email. May already know what you're thinking. Whether you like it or not. zdnet.com ================================= Sounds like we're heading back to 1984 folks..... JMitch4999, any thoughts. Or are we all just so many sheep waiting for this cyber-security slaughter to take place. Who's carrying the ball? What politicians are supporting this? This spells ONE thing: a blatantly aggressive attempt at consolidating political and economic power into the arms and hands of our government. Anyone esle awake out there? Peace. GO!!

To: Paul Fiondella who wrote (27839)	8/23/1999 3:16:00 PM
From: Frederick Smart	Read Replies (1) \| Respond to of 42771

Cyberspace Electronic Security Act..... cdt.org Details from the memo.... cdt.org >>CESA recognizes that law enforcement personnel may need to obtain the plaintext of encrypted evidence when a decryption key for the data is not held by, or is not obtained from, a recovery agent. For example, a child pornographer may encrypt the illegal material he keeps on his computer, and may not store the key with a recovery agent, so that if law enforcement officers conduct a judicially authorized search, the most critical evidence - the child pornography itself - will be unreadable and unusable as evidence. The Act therefore sets forth procedures for a mechanism for government access to essential evidence - through a search warrant with the possibility of delayed notice. To obtain such a warrant, the government must meet the standards specified by the Constitution and the Federal Rules of Criminal Procedure, including establishing probable cause to the court. In addition, to delay notice, the government must prove that it has good cause to do so. Once lawfully obtained from the court, the search warrant may authorize, depending upon the circumstances of the criminal activity, the search and seizure of decryption keys or the installation of a recovery device that allows plaintext to be obtained even if attempts were made to protect it through encryption. However, when executing a warrant using these procedures, in order to protect privacy, the government must take care to minimize its intrusion into the privacy of the subject of the warrant. While CESA recognizes the need for law enforcement access to decryption keys, it also imposes limitations on the government's use and disclosure of decryption keys obtained through compulsory process. For example, the government is required to destroy the keys when their use is completed and after any statutory period for retention of records has expired. These limitations reflect CESA's balancing of the need for privacy against the need for law enforcement access in appropriate circumstances to decryption keys. Historically, our nation has sought the proper balance between protecting the rights of individuals and the need of law enforcement to protect public safety. Although the emerging technological advances of the current information revolution are, in many ways, unlike any before, the challenge of striking the proper balance remains the same. The Administration fully supports the development and use of encryption products in order to protect the confidentiality of the communications and data of law-abiding citizens. However, in so doing public policy must reflect the pressing and undeniable need to afford law enforcement the means to sustain the ability to collect evidence of criminal activity, even when encryption is utilized. Failure to adequately address this need provides criminals with a safe-haven not available before. CESA establishes new protections for individuals and limits the ability of government to obtain plaintext to specific circumstances, while at the same time providing law enforcement the ability, with a proper factual showing, to respond to criminals who utilize encryption. We believe that CESA strikes the appropriate balance in this regard and look forward to working with you and the Congress on this issue of significant national importance. The Office of Management and Budget has advised that there is no objection from the standpoint of the Administration's program to the presentation of this proposal and that its enactment would be in accord with the program of the President. Please let us know if we may be of additional assistance in connection with this or any other matter. >> Amazing world we are living in..... Cybersearch & seize...... This ACT, if enacted, will give the Federal Govt. incredible new power to invade the lives of any ordinary citizen....all in the name of trying to find text-based information which could lead them to finding a kidnapper, drugdealer or criminal. Ayone awake!!