Ashcroft seeks control of world internet
Roger Baker
rcbaker@eden.infohwy.com
Thu, 29 Nov 2001 21:28:50 -0800
--Apple-Mail-2-873643200
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This is no mere urban legend like the nickel charge on email.
Ashcroft according to Wired mag already is monitoring modems and seeks =
to
control world internet.
Details below. -- Roger
****************************************
http://www.drudgereport.com/flash3.htm
Ashcroft Accused Of 'Global Internet Power Grab'
Thu Nov 29 2001 10:14:02 ET
BUSINESS WEEK reported under the headline, "Ashcroft's Global Internet=20=
Power-Grab," that a "new law lets the Justice Department go after=20
foreign hackers, even if U.S. computers weren't a target," and asks=20
whether the US should be the global cyber police.
In fresh editions, BUSINESS WEEK added: "An amendment to the definition=20=
of a 'protected computer' for the first time explicitly enables U.S. law=20=
enforcement to prosecute computer hackers outside the United States in=20=
cases where neither the hackers nor their victims are in the U.S.,=20
provided only that packets related to that activity traveled through=20
U.S. computers or routers.
"This remarkable amendment is to the Computer Fraud and Abuse Act, which=20=
Congress enacted in 1984 to prohibit conduct that damages a 'Federal=20
interest computer,' defined at the time as 'a computer owned or used by=20=
the United States Government or a financial institution,' or, 'one of=20
two or more computers used in committing the offense, not all of which=20=
are located in the same State...
"Under the Department of Justice's interpretation of this legislation, a=20=
computer hacker in Frankfurt Germany who hacks into a computer in=20
Cologne Germany could be prosecuted in the Eastern District of Virginia=20=
in Alexandria if the packet related to the attack traveled through=20
America Online's computers. Moreover, the United States would reserve=20
the right to demand that the extradition of the hacker even if the=20
conduct would not have violated German law, or to, as it has in other=20
kinds of cases, simply remove the offender forcibly for trial. What is=20=
perhaps the most troubling about this legislation, in addition to the=20
lack of any debate or focus on it, is the fact that the Department of=20
Justice manual simply says that this unprecedented power will be used in=20=
'appropriate cases.' The Department of Justice provides no guidance to=20=
prosecutors or citizens of the world what kinds of cases it will deem to=20=
be 'appropriate' for the expanded jurisdiction."
BUSINESS WEEK concludes: "Every country has the right to protect its own=20=
citizens, property and interests. No country has the right to impose its=20=
will, its values, its mores or laws on conduct that occurs outside its=20=
borders even if they may have a tangential effect on that country. The=20=
new legislation permits the U.S. government to do just that, and is=20
unwise and unwarranted."
*******************************************
http://www.wired.com/news/conflict/0,2100,48711,00.html
DOJ's Already Monitoring Modems
By Declan McCullagh and Ben Polen
4:42 p.m. Nov. 28, 2001 PST =A0 =A0
WASHINGTON -- The Department of Justice already is using its new=20
anti-terrorism powers to monitor cable modem users without obtaining a=20=
judge's permission first.
A top Bush administration official lauded the controversial USA Patriot=20=
Act at a Senate hearing on Wednesday, saying that the new abilities have=20=
let police obtain information in investigations that was previously=20
unavailable.
"We would not have been able to do (this) under prior law without a=20
specific court order," said Michael Chertoff, assistant attorney general=20=
in the Justice Department's criminal division.
Previously, federal law said that "a cable operator shall not disclose=20=
personally identifiable information concerning any subscriber." Section=20=
211 of the USA Patriot Act changes the law to read: "A cable operator=20
may disclose such information if the disclosure is ... to a government=20=
entity."
Other USA Patriot Act sections mean that police can obtain an Internet=20=
Protocol address, which identifies a cable modem subscriber, as readily=20=
as they can learn someone's telephone number.
Chertoff said the government also has used its new powers to obtain=20
court orders for logs from Internet providers that are outside of the=20
court's traditional jurisdiction.
"We've obtained court orders directed to out-of-district Internet=20
service providers for logging information.... We've used the nationwide=20=
search warrant provision to obtain relevant information," Chertoff said.=20=
"We've used the emergency disclosure provisions to support our use of=20
information that was provided to us by an Internet service provider."
Senate Judiciary chairman Patrick Leahy called the hearing to review=20
some of the Bush administration's recent actions that have raised=20
concerns among civil libertarians, such as detaining over a thousand=20
suspects, and the creation of secret military tribunals to try suspected=20=
terrorists.
Leahy said in his opening remarks: "Whether any or all of these ideas=20
are popular or unpopular at the moment, as an oversight committee, we=20
accept our duty to examine them."
The anti-terrorism law that President Bush signed last month amended the=20=
Cable TV Privacy Act and Title 18, Section 2703 of the U.S. Code's title=20=
18 to faciliate greater eavesdropping.
It also made it easier for government agencies to share information with=20=
each other, Chertoff said: "We have used it to start the process of=20
sharing information between the intelligence side and the law=20
enforcement side."
Attorney General John Ashcroft has said the FBI began using the powers=20=
mere hours after President Bush signed the law. The Justice Department=20=
has prepared a "field guidance" manual (PDF) for prosecutors.
Sen. Orrin Hatch of Utah, the senior Republican on the committee, said=20=
he thought the Bush administration was responding appropriately to the=20=
Sept. 11 terrorist attacks.
"The administration can take these positions," Hatch said. "They have to=20=
justify them, but they can take them, and I think there's more than=20
enough information here to justify the positions they've taken."
The Department of Defense has been responsible for drafting the=20
guidelines for the military tribunal, but can ask the Department of=20
Justice for assistance. "The Department of Defense can ask us for help,"=20=
Chertoff said.
Leahy replied: "I hope you wouldn't wait for an invitation. Pick up the=20=
phone and call them."
Attorney General Ashcroft was invited to speak at this hearing but=20
declined to attend, and instead is scheduled to appear at a hearing on=20=
Dec. 6.
--Apple-Mail-2-873643200
Content-Transfer-Encoding: quoted-printable
Content-Type: text/enriched;
charset=ISO-8859-1
<fontfamily><param>Geneva</param>This is no mere urban legend like the
nickel charge on email.=20
Ashcroft according to Wired mag already is monitoring modems and seeks
to=20
control world internet.=20
Details below. -- Roger
****************************************
=
<underline><color><param>1A1A,1A1A,FFFF</param>http://www.drudgereport.com=
/flash3.htm</color></underline>
Ashcroft Accused Of 'Global Internet Power Grab'
Thu Nov 29 2001 10:14:02 ET
BUSINESS WEEK reported under the headline, "Ashcroft's Global Internet
Power-Grab," that a "new law lets the Justice Department go after
foreign hackers, even if U.S. computers weren't a target," and asks
whether the US should be the global cyber police.=20
In fresh editions, BUSINESS WEEK added: "An amendment to the
definition of a 'protected computer' for the first time explicitly
enables U.S. law enforcement to prosecute computer hackers outside the
United States in cases where neither the hackers nor their victims are
in the U.S., provided only that packets related to that activity
traveled through U.S. computers or routers.
"This remarkable amendment is to the Computer Fraud and Abuse Act,
which Congress enacted in 1984 to prohibit conduct that damages a
'Federal interest computer,' defined at the time as 'a computer owned
or used by the United States Government or a financial institution,'
or, 'one of two or more computers used in committing the offense, not
all of which are located in the same State...
"Under the Department of Justice's interpretation of this legislation,
a computer hacker in Frankfurt Germany who hacks into a computer in
Cologne Germany could be prosecuted in the Eastern District of
Virginia in Alexandria if the packet related to the attack traveled
through America Online's computers. Moreover, the United States would
reserve the right to demand that the extradition of the hacker even if
the conduct would not have violated German law, or to, as it has in
other kinds of cases, simply remove the offender forcibly for trial.
What is perhaps the most troubling about this legislation, in addition
to the lack of any debate or focus on it, is the fact that the
Department of Justice manual simply says that this unprecedented power
will be used in 'appropriate cases.' The Department of Justice
provides no guidance to prosecutors or citizens of the world what
kinds of cases it will deem to be 'appropriate' for the expanded
jurisdiction."
BUSINESS WEEK concludes: "Every country has the right to protect its
own citizens, property and interests. No country has the right to
impose its will, its values, its mores or laws on conduct that occurs
outside its borders even if they may have a tangential effect on that
country. The new legislation permits the U.S. government to do just
that, and is unwise and unwarranted."=20
*******************************************
=
<underline><color><param>1A1A,1A1A,FFFF</param>http://www.wired.com/news/c=
onflict/0,2100,48711,00.html</color></underline>
DOJ's Already Monitoring Modems=20
By <underline><color><param>0000,6666,6666</param>Declan
McCullagh</color></underline> and
<underline><color><param>0000,6666,6666</param>Ben
Polen</color></underline>=20
<color><param>FFFF,0000,0000</param>4:42 p.m. Nov. 28, 2001
PST</color> =A0 =A0=20
WASHINGTON -- The Department of Justice already is using its new
anti-terrorism powers to monitor cable modem users without obtaining a
judge's permission first.=20
A top Bush administration official lauded the controversial USA
Patriot Act at a Senate hearing on Wednesday, saying that the new
abilities have let police obtain information in investigations that
was previously unavailable.=20
"We would not have been able to do (this) under prior law without a
specific court order," said Michael Chertoff, assistant attorney
general in the Justice Department's criminal division.=20
Previously, federal law
<underline><color><param>0000,6666,6666</param>said</color></underline>
that "a cable operator shall not disclose personally identifiable
information concerning any subscriber." Section 211 of the
<underline><color><param>0000,6666,6666</param>USA Patriot
Act</color></underline> changes the law to read: "A cable operator may
disclose such information if the disclosure is ... to a government
entity."=20
Other USA Patriot Act sections mean that police can obtain an Internet
Protocol address, which identifies a cable modem subscriber, as
readily as they can learn someone's telephone number.=20
Chertoff said the government also has used its new powers to obtain
court orders for logs from Internet providers that are outside of the
court's traditional jurisdiction.=20
"We've obtained court orders directed to out-of-district Internet
service providers for logging information.... We've used the
nationwide search warrant provision to obtain relevant information,"
Chertoff said. "We've used the emergency disclosure provisions to
support our use of information that was provided to us by an Internet
service provider."=20
<underline><color><param>0000,6666,6666</param>Senate Judiciary
chairman Patrick Leahy</color></underline> called the hearing to
review some of the Bush administration's recent actions that have
raised concerns among civil libertarians, such as detaining over a
thousand suspects, and the creation of secret military tribunals to
try suspected terrorists.=20
Leahy said in his opening remarks: "Whether any or all of these ideas
are popular or unpopular at the moment, as an oversight committee, we
accept our duty to examine them."=20
The anti-terrorism law that President Bush signed last month amended
the <underline><color><param>0000,6666,6666</param>Cable TV Privacy
Act</color></underline> and
<underline><color><param>0000,6666,6666</param>Title 18, Section
2703</color></underline> of the U.S. Code's title 18 to faciliate
greater eavesdropping.=20
It also made it easier for government agencies to share information
with each other, Chertoff said: "We have used it to start the process
of sharing information between the intelligence side and the law
enforcement side."=20
Attorney General John Ashcroft has said the FBI began using the powers
mere hours after President Bush signed the law. The Justice Department
has prepared a "field guidance" manual
(<underline><color><param>0000,6666,6666</param>PDF</color></underline>)
for prosecutors.=20
Sen. Orrin Hatch of Utah, the senior Republican on the committee, said
he thought the Bush administration was responding appropriately to the
Sept. 11 terrorist attacks.=20
"The administration can take these positions," Hatch said. "They have
to justify them, but they can take them, and I think there's more than
enough information here to justify the positions they've taken."=20
The Department of Defense has been responsible for drafting the
guidelines for the military tribunal, but can ask the Department of
Justice for assistance. "The Department of Defense can ask us for
help," Chertoff said.=20
Leahy replied: "I hope you wouldn't wait for an invitation. Pick up
the phone and call them."=20
Attorney General Ashcroft was invited to speak at this hearing but
declined to attend, and instead is scheduled to appear at a hearing on
Dec. 6.=20
</fontfamily>=
--Apple-Mail-2-873643200--