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As much as Americans attempt to deny it, the fact is that the United States has been transformed since the terrorist attacks of September 11. An awakening has occurred as to the existence of genuine dangers, which are threatening national security. This new “awareness” has resulted in an growing reliance on government intervention to provide and ensure the safety of Americans. Of course, this dependance on the government brings side effects as well. One issue which is causing concern among a considerable number of individuals is the protection of privacy rights. In the name of combating terrorism, previous standards of privacy rights are being lowered under the provisions of the new USA PATRIOT Act. One example is witnessed through the FBI's use of a controversial Internet surveillance program named Carnivore. Carnivore threatens the individual privacy of citizens and is susceptible to abuse by the FBI. Carnivore has been used by the FBI for some time. Basically, Carnivore is a Windows computer specifically designed to sit on networks of Internet service providers and monitor and record electronic transmissions. FBI agents may then remove the hard drive and access all information Carnivore was programmed to record (McCullagh 2). The FBI has used Carnivore to intercept Internet communications of suspected criminals. Crimes such as terrorism, child pornography, credit card fraud, and insider stock trading have all been uncovered through the use of Carnivore (Ferullo 1). Carnivore is undoubtedly an effective tool in fighting crime. However, the benefits which are created, potentially require a sacrifice of individual privacy rights as well. According to a survey called the Pew Internet & American Life Project, 54% of Americans approve of the FBI monitoring the e-mail activity of suspected criminals, while 34% disapprove (Johnston 1). The American Civil Liberties Union, or ACLU believes that this study proves that Americans are suspicious of government surveillance. However, the need for more individuals to re-evaluate their trust in the actions of American government is necessary. The ACLU plans to publish advertisements in the New Yorker and the New York about Carnivore, in order to raise public awareness about the potential abuses and violations of privacy which may occur through the government's use of Carnivore and Echlon, another internet snooping program. Currently, further developments of Carnivore are being created by the FBI. The new and improved software is referred to as “Magic Lantern”. The older version of Carnivore was limited due the problem of suspects covering their tracks through encryption. Magic Lantern possesses the ability to record actual keystrokes typed onto the suspect's computer. A primary way in which Magic Lantern may be activated is interesting. A trusted friend or a relative of the suspected criminal is asked by the FBI to e-mail the suspect with a file containing a worm virus. After the virus is inserted into the computer, it obtains the encryption keys and transmits itself back to the FBI. With the encryption keys in its possession, the FBI can then decode the messages transmitted by the suspect (Sullivan 2). The FBI's use of a close friend or relative to send this virus, portrays the attitude that personal relationships and loyalty should be put aside when it comes to law enforcement. It devalues an essential element in individual lives, which is the ability to confide in and trust others. If the FBI fails to respect the bond of trust between an individual and those supposed to be closest to them in their lives, why should it be assumed that the FBI will respect the trust that American citizens have of them where no personal relationship exists at all? The FBI's goal is to accomplish its job of catching criminals, not to respect the private interests of citizens. If the FBI is granted the power to utilize controversial software such as Magic Lantern, Americans have little guarantee that these powers will not be abused for the benefit of the FBI. Actually, the FBI has already admitted to previously using another key logging software program to convict a suspected member of the mafia. The male mobster was arrested for running a gambling racket and charges of loan sharking. To catch Scarfo, FBI agents broke into his office and installed the software onto Scarfo's computer. The information obtained from the encryption key stolen by the FBI, provided critical evidence in Scarfo's case (Sullivan 3). This demonstrates another example as to why the FBI should not be allowed to use these programs, which is that they will go to any extent to obtain the information they need. A spokesman for Texas House Representative Dick Armey stated, “Citizens should be able to keep their files and e-mails safe form bureaucratic prying eyes” (Sullivan 4). When one logs onto their computer, they should be able to expect a certain degree of privacy and respect. These programs provide the opposite. Privacy advocates argue that Carnivore brings with it the possibility that the FBI will use it indiscriminately on anyone with a connection to the Internet, including innocent people. Under the new PATRIOT Act, restrictions on privacy-invasive techniques have eased, due to the determination to “fight” terrorism. Bill Malik, vice president of the information security group at Gartner, claims, “[The new legislation] lowers thresholds of levels of activities as `probable cause' to search for a warrant, strengthen guidelines, and establish a level playing field” (Weisman 2). These provisions extend to e-mail surveillance, which now requires less effort in acquiring a search warrant. The use of Carnivore, is therefore further facilitated and can be justified more easily in questionable cases. Chris Hoofnagle, a legislative counsel for the Electronic Privacy Information Center remarks, “Once the U.S. certifies that the application of Carnivore is relevant to an ongoing investigation, the judge's discretion stops” (Lyman 3). Carnivore is a threatening program to American citizens. The potential for abuse is high, and the techniques used are invasive and utilize anti-human methods to attain information, devaluing essential personal relationships. Ironically, even though the freedom of Americans has been threatened by terrorism, the government's use of software programs such as Carnivore to fight against terrorism actually aid the terrorist cause through reducing the freedoms of Americans anyways. By, Morgan Florea
WORKS CITED
Ferullo, M. "Senate panel examines FBI Internet surveillance system". 6 Sept. 2000. www.cnn.com (6 May 2002). Johnston, M. "ACLU Takes Aim at Government Surveillance". 13 April 2001. www.pcworld.com (6 May 2002). Lyman, J. "Government Internet Snooping: Out of Control?". 18 Dec. 2001. www.newsfactor.com (6 May 2002). McCullagh, D. "Anti Attack Feds Push Carnivore". 12 Sept. 2001. www.wired.com Sullivan, B. "FBI software cracks encryption wall". 20 Nov. 2001 www.msnbc.com (6 May 2002). Weisman, R. "Is Your Internet Service Provider Spying on You?". 2 Nov. 2001. www.newsfactor.com (6 May 2002). |
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