PATRIOT - Sections 202 and 217

spy1 · Posted: Fri Apr 16, 2004 1:54 pm Post subject: PATRIOT - Sections 202 and 217

"Authority
to Intercept Wire, Oral and Electronic Communications Relating to
Computer Fraud And Abuse Offenses" and "Interception of Computer
Trespasser Communications"

~ Why Sections 202 and 217 Should Sunset

The two provisions together make it easier for the FBI to get
privacy-invasive wiretap orders and to intercept your electronic
communications when investigating computer crimes - even when
those crimes have absolutely nothing to do with terrorism.

Wiretap orders are like "super-warrants" - only the most serious
crimes justify their use. Yet in the climate of fear in the wake
the 9/11 terrorist attacks, the Justice Department persuaded
Congress to expand the government's wiretap powers without ever
having to cite even a *single instance* in which a computer-crime
investigation - much less a terrorism investigation - had been
hindered due to lack of surveillance authority.

The DoJ also succeeded in pushing through a provision that under
some circumstances gives the FBI the power to intercept your
private electronic communications - email messages, faxes,
instant messages, etc. - *without* a judge's approval.

~ How Sections 202 and 217 Changed the Law

* Section 202: The FBI can get a court's authorization to
"bug" face-to-face conversations or tap phone calls only when
investigating especially serious crimes. PATRIOT added computer
crime to the list of felonies that justify such profound
violations of privacy - despite the fact that the Justice
Department never presented evidence to suggest that this is
necessary in the battle against either computer crime or
terrorism.

* Section 217: It used to be that in order to intercept your
private electronic communications in a computer-crime
investigation, the FBI had to seek permission from a court.
No more. Now, so long as a computer service provider merely
claims you are "trespassing" on its network, the FBI is free to
intercept your private communications as it so chooses.

~ Conclusion

Anti-terrorism laws cannot be justified by fear alone - they must
address a real need or be repealed. Absent a clear demonstration
from the FBI that these new surveillance powers are necessary,
Congress should allow Sections 202 and 217 to expire.

For this analysis:
http://www.eff.org/Privacy/Surveillance...et/202.php

For previous profiles:

http://www.eff.org/Privacy/Surveillance...OT/sunset/


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