ISPs Join the Search

Sep 13 2001

It's a growing question among those calm enough to philosophize: How should the U.S. respond to these events without trampling on personal liberties? For instance, the feds have asked for Internet service providers' help in the search for the Sept. 11 culprits, though reports vary about how much help.

Declan McCullagh from Wired reported that the FBI has increased Internet surveillance in the wake of the attacks. One anonymous employee said the FBI showed up at his workplace "with a couple of Carnivores, requesting permission to place them in our core, along with offers to actually pay for circuits and costs." Carnivore - now renamed DCS1000, a moniker that hasn't exactly caught on - is a Fed computer that can monitor electronic communications from an ISP's network, explained McCullagh.

News.com talked to AOL and Earthlink, who said that they are working with the FBI but that Carnivore is not involved. The investigators want specific information, said an AOL spokesman, and Carnivore isn't necessary because AOL can simply turn over the relevant data. An Earthlink vice president said the company had been served with a warrant under the Foreign Intelligence Surveillance Act . According to reporter Robert Lemos, "FISA limits the ability of intelligence and law enforcement agencies ... from spying on the American public." An anonymous Earthlink exec told the AP that the feds were looking for logs involving a particular e-mail address .

Microsoft had no comment except to say that it often works with law enforcement officials. An ExciteAtHome spokesperson didn't know of any warrants, said the Associated Press, but said the company would go along. Wired reported that Hotmail officials have been getting calls from the FBI and are cooperating with requests for information about certain e-mail accounts. Some small West Coast providers, maybe the same ones Wired talked to, told the Washington Post that they agreed to let the FBI bring in Carnivore.

"Like other Internet providers, have generally greeted subpoenas, court orders and the like seeking information about their customers begrudgingly," said the Post. "The language they used yesterday was markedly more receptive." Maybe because of FISA's limitations? On the other hand, "some observers have already raised concerns that the failure of the intelligence agencies to uncover the plots will lead them to ask for increased surveillance powers," said the Register. We're normally loath to quote senators on tech issues, but Sen. Patrick Leahy, D-Vt., may have the right compromise: Consider strengthening surveillance capabilities, but don't do anything that's not "consistent with constitutional freedoms at the core of our national ideals."

One anonymous ISP employee made another compromise we like. "As much as I don't like the intrusive nature of online surveillance technology, I really want to find the guys who did this."

Anti-Attack Feds Push Carnivore
Wired

Terrorist search leads to ISPs
CNET

FBI following digital trail of terrorists
USA Today

ISPs join forces with FBI to track terrorists
Silicon.com

FBI steps up Net surveillance, following terror attack
The Register

Privacy Trade-Offs Reassessed
Washington Post