FBI wants to tap the internet


Existing law supposedly wasn't enough. So the FBI drafts legislation. Since when is THAT legal?
This one was in my pile this morning but I missed it. Still perpetually behind. This one is high priority, folks.

The FBI has drafted sweeping legislation that would require Internet service providers to create wiretapping hubs for police surveillance and force makers of networking gear to build in backdoors for eavesdropping, CNET News.com has learned.

FBI Agent Barry Smith distributed the proposal at a private meeting last Friday with industry representatives and indicated it would be introduced by Sen. Mike DeWine, an Ohio Republican, according to two sources familiar with the meeting.

The draft bill would place the FBI's Net-surveillance push on solid legal footing. At the moment, it's ensnared in a legal challenge from universities and some technology companies that claim the Federal Communications Commission's broadband surveillance directives exceed what Congress has authorized.

The FBI claims that expanding the 1994 Communications Assistance for Law Enforcement Act is necessary to thwart criminals and terrorists who have turned to technologies like voice over Internet Protocol, or VoIP.

Let's start with the big one.

In a free nation, law enforcement agencies do not draft legislation.

Law enforcement agencies do not write the laws. Law enforcement agencies do not judge the laws. Law enforcement agencies do not approve the laws.

Law enforcement agencies enforce existing law. No more. No less.

They certainly do not meet with anyone before legislation is passed and signed into law to tell them that they will have to accommodate the proposed legislation.

Those two things alone should be reason to disband the Federal Bureau of Investigation.

But let's go a little further, shall we?

One of the surprising findings in the wake of 9-11 was that if existing law had been enforced, most of the hijackers would have long since been deported. I call this the Patriot Syndrome, because even with this simple and obvious fact, Congress passed the USAPATRIOT Act. A totally unnecessary law that in some cases makes it illegal to tell other people that it has been used. There is not a single justifiable power granted by that abomination that did not already exist, if a little harder to use.

Existing law would have worked if it had been enforced. So why pass new laws that attack freedom?

That is the Patriot Syndrome. It looks like it is happening with this proposed legislation too. There is existing law, why is it not being used?

Once a "backdoor" exists, what do you think the chances are that the FBI can keep it secure? The government doesn't have a good record with data security, especially widespread data security. Already under existing law you can't sue government agencies or agents if they damage your property in the course of a criminal investigation. It's almost a given that this exemption will be expanded so that the government can't be held responsible for leaking your data. Once a "master backdoor" exists, it will be exploited.

Who do you think is going to pay for this monstrosity? It's not going to be part of your taxes. So you will end up paying your ISP not only for access to the internet but to monitor your use of the internet.

I promise you that somewhere there is some little bureaucrat drooling over the idea of tracking people's internet activity. Ever visit a site that mentions Karl Marx? That is going in your permanent record. Did you ever send an IM to someone talking about the stinking IRS? Another black mark. Ever send email to someone who has a relative in mainland China? Reason enough to keep an eye one on you.

And may the gods help you if you are ever charged with a crime. Your entire internet history will be opened and the most damning "evidence" will be taken out of context to prove that you are evil.

— NeoWayland

Posted: Mon - July 10, 2006 at 05:51 PM  Tag


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