EFFector Vol. 14, No. 25 Sep. 19-20, 2001

EFFector Vol. 14, No. 25 Sep. 19-20, 2001
[email protected]

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 185th Issue of EFFector (now with over 29,100 subscribers!):

* ALERT: TWO Surveillance Bills Threaten American Privacy
* Administrivia

For more information on EFF activities & alerts: http://www.eff.org/

To join EFF or make an additional donation:
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ALERT: Congressional Response to Terrorism Threatens Privacy

Urge Congress to Legislate to Improve Security Not Eliminate Freedoms

Electronic Frontier Foundation ACTION ALERT

(Issued: Wednesday, September 19, 2001 / Updated: Thursday, September 20 /
Deadline: Friday, September 21, 2001, unless extended)

Introduction:

(Updated to reflect name change of draft bill.)

San Francisco, California - The Electronic Frontier Foundation (EFF)
today criticized the "Mobilization Against Terrorism Act" (MATA),
renamed later the same day to "Anti-Terrorism Act" (ATA), proposed by
the US Department of Justice because many provisions of the law would
dramatically alter the civil liberties landscape through unnecessarily
broad restrictions on free speech and privacy rights in the United
States and abroad. Your urgent action is needed TODAY.

EFF again urged Congress to act with deliberation in approving only
measures that are effective in preventing terrorism while protecting
the freedoms of Americans.

Attorney General John Ashcroft distributed the proposed Mobilization
Against Terrorism Act/Anti-Terrorism Act to members of Congress after
Monday's press conference at which he indicated that, among other
measures, he would ask Congress to expand the ability of law
enforcement officers to perform wiretaps in response to the terrorist
attacks on the United States on September 11, 2001. Ashcroft asked
Congress to pass anti-terrorism legislation including "expanded
electronic surveillance" by the end of this week.

EFF believes this broad legislation would radically tip the United
States system of checks and balances, giving the government
unprecedented authority to surveil American citizens with little
judicial or other oversight.

Ashcroft's proposed legislation comes in the wake of the Senate's
hasty passage of the "Combating Terrorism Act" (CTA) on the evening of
September 13 with less than 30 minutes of consideration on the Senate
floor.

The ATA/MATA is currently a draft bill, expected to be introduced and
rammed through Congress within the next two days. The CTA is presently
a Senate-passed amendment to a House appropriations bill. It is
expected to be voted on in joint conference committee this week, or
early next week at the latest. The House has already passed the "base"
bill, while the Senate has passed it plus the wiretapping amendment.
The House delegates several Representatives to meet with several
Senators in conference committee, who will collectively decide what
amendments the final, joint version will include. This final version
is then voted on by the full House and Senate. This only real pressure
point on the CTA is the conference committee; whatever emerges will
almost certainly pass both houses near-unanimously.

What YOU Can Do Now:

* Contact your own legislators about the ATA/MATA and the CTA AS
SOON AS POSSIBLE. Call them, and fax and/or e-mail the EFF letter
below today. Postal mail will be too slow on this issue. Feel free
to use this letter verbatim, or modify it as you wish. Let them
know that you do not believe liberty must be sacrified for
security. Please be polite and concise, but firm. For information
on how to contact your legislators and other government officials,
see EFF's "Contacting Congress and Other Policymakers" guide at:
http://www.eff.org/congress.html
* Contact the conference committee members about the CTA AS SOON AS
POSSIBLE. A similar sample letter for this purpose, plus contact
information, is provided below.
* Join EFF! For membership information see:
http://www.eff.org/support/

Sample Letters:

There are two sample letters below, one to your own legislators, and
one to the conference committee members.

Use this sample letter to YOUR legislators or modify it, and send to
their Washington fax and e-mail, which you can get this from Project
Vote Smart:
http://www.vote-smart.org/vote-smart/data.phtml?dtype=C&style=
or the House:
http://www.house.gov/house/MemberWWW.html
and Senate:
http://www.senate.gov/senators/index.cfm
websites.

Dear Sen./Rep. [Surname]

I write as a constituent to express my gravest concern over aspects
of the Congressional response to the tragedies of September 11.
While I share your grief and anger in no uncertain terms, I do not
believe that sacrificing essential liberties in a vain hope of
improving security is good for America or the world. Security can
be improved without privacy invasion, and we cannot win an attack
on freedom by attacking that freedom ourselves.

I urge you to vote AGAINST H.R. 2500 should it emerge from
conference committee with amendment S.A. 1562, the Combating
Terrorism Act, attached, and to vote against the forthcoming
Mobilization Against Terrorism Act a.k.a. Anti-Terrorism Act, and
any similar legislation expanding wiretap powers, online
monitoring, warrantless pen register or trap and trace authority,
censorship, or restrictions on encryption.

The United States should not take steps toward becoming a police
state, or otherwise undermine our own freedom in the name of
defending that freedom from terrorist attack, or the terrorists
have already won. This is a time for careful consideration, not for
passing legislation without debate or careful consideration of the
consequences.

I specifically object to S.A. 1562 sections 816, 832, 833, and 834,
and any similar measures, such as those proposed by Attorney
General Ashcroft, as well as recent calls for measures that would
thwart Americans' use of secure encryption. I also object to
provisions being passed in response to terrorism but which have
nothing to do with terrorism, such as "emergency" wiretaps against
simple computer crime incidents and the abuse of grand juries as
tools for intelligence agencies.

Sincerely,

[Your name & address]

(Be sure to correct the salutation - use EITHER Sen. or Rep., and use
the correct name.)

Use this sample letter below to conference committee members or modify
it, and send to all of the following:

Representatives:
Name (State), Phone (202-225-####), Fax (202-22#-####), E-mail
Frank Wolf (VA), 5136, 5-0437, none
Hal Rogers (KY), 4601, 5-0940, [email protected]
Jim Kolbe (AZ), 2542, 5-0378, none
Charles Taylor (NC), 6401, none, [email protected]
Ralph Regula (OH), 3876, 5-3059, [email protected]
Tom Latham (IA), 5476, 5-3301, [email protected]
Dan Miller (FL), 5015, 6-0828, none
David Vitter (LA), 3015, 5-0739, [email protected]
Jos Serrano (NY), 4361, 5-6001, [email protected]
Alan Mollohan (WV), 4172, 5-7564, none
Lucille Roybal-Allard (CA), 1766, 6-0350, none
Robert Cramer (AL), 4801, 5-4392, [email protected]
Patrick Kennedy (RI), 4911, 5-3290, [email protected]

For Representatives that don't provide a direct e-mail address, use
this form:
http://www.house.gov/writerep/

Senators:
Name (State), Phone (202-224-####), Fax (202-224-####), E-mail
Robert Byrd (WV), 3954, 228-0002, [email protected]
Patrick Leahy (VT), 4242, 3479, [email protected]
Ted Stevens (AK), 3004, 2354, [email protected]
Mitch McConnell (KY), 2541, 2499, [email protected]
Ernest Hollings (SC), 6121, 4293, none
Daniel Inouye (HI), 3934, 6747, [email protected]
Barbara Mikulski (MD), 4654, 8858, [email protected]
Herb Kohl (WI), 5653, 9787, [email protected]
Patty Murray (WA), 2621, 0238, [email protected]
Jack Reed (RI), 4642, 4680, [email protected]
Judd Gregg (NH), 3324, 4952, [email protected]
Pete Domenici (NM), 6621, none, [email protected]
Kay Hutchison (TX), 5922, 0776, [email protected]
Ben Campbell (CO), 5852, 1933, none
Thad Cochran (MS), 5054, 9450, [email protected]

Sen. Hollings can be e-mailed via the Web at:
http://www.senate.gov/~hollings/webform.html
Sen. Campbell provides no public e-mail mechanism of any kind.

HTML version with clickable e-mail address hotlinks:
http://www.eff.org/alerts/20010919_eff_wiretap_alert.html#cong

Dear Sen./Rep. [Surname] and Other H.R. 2500 Conference Committee
Members:

I write to express my gravest concern over aspects of the
Congressional response to the tragedies of September 11. While I
share your grief and anger in no uncertain terms, I do not believe
that sacrificing essential liberties in a vain hope of improving
security is good for America or the world. Security can be improved
without privacy invasion, and we cannot win an attack on freedom by
attacking that freedom ourselves.

I specifically object to H.R. 2500 amendment S.A. 1562, the
Combating Terrorism Act, sections 816, 832, 833, and 834, and any
similar measures, such as the Mobilization Against Terrorism Act
a.k.a. Anti-Terrorism Act proposed by Attorney General Ashcroft, as
well as recent calls for measures that would thwart Americans' use
of secure encryption. I also object to provisions being passed in
response to terrorism but which have nothing to do with terrorism,
such as "emergency" wiretaps against simple computer crime
incidents and the abuse of grand juries as tools for intelligence
agencies.

I urge you to vote AGAINST incorporating the above-mentioned
sections of S.A. 1562 into the final version of H.R. 2500, and to
vote against any similar amendments expanding wiretap powers,
online monitoring, warrantless pen register or trap and trace
authority, censorship, or restrictions on encryption.

The United States should not take steps toward becoming a police
state, or otherwise undermine our own freedom in the name of
defending that freedom from terrorist attack, or the terrorists
have already won. This is a time for careful consideration, not for
passing legislation without debate or careful consideration of the
consequences.

Sincerely,

[Your name & address]

(Be sure to correct the salutation - use EITHER Sen. or Rep., and use
the correct name.) If one of the conference committee members if your
Rep. or Sen., mention that you are a constituent, as in the first
letter.)

Non-US Activists

Non-US readers can probably have little impact on the US Congress's
votes on these matters, and could even affect them negatively. Your
best course of action is to contact your own
legislators/parliamentarians and urge them to avoid similar policies
in your own country.

Privacy Campaign:

This drive to contact your legislators about unprecedented wiretap
power expansion is part of a larger campaign to highlight how
extensively companies and governmental agencies subject us to
surveillance and share and use personal information online & offline,
and what you can do about it.

Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
http://www.eff.org/privnow/

Background:

One particularly egregious section of the DOJ's analysis of its
proposed legislation says that "United States prosecutors may use
against American citizens information collected by a foreign
government even if the collection would have violated the Fourth
Amendment."

"Operating from abroad, foreign governments will do the dirty work of
spying on the communications of Americans worldwide. US protections
against unreasonable search and seizure won't matter," commented EFF
Senior Staff Attorney Lee Tien.

Additional provisions of the proposed Mobilization Against Terrorism
Act (MATA)/Anti-Terrorism Act (ATA) include measures which:
* make it possible to obtain e-mail message header information and
Internet user web browsing patterns without a wiretap order;
* eviscerate controls on roving wiretaps;
* permit law enforcement to disclose information obtained through
wiretaps to any employee of the Executive branch;
* reduce restrictions on domestic investigations under the Foreign
Intelligence Surveillance Act (FISA);
* permit grand juries to provide information to the US intelligence
community;
* permit the President to designate any "foreign-directed
individual, group, or entity," including any United States citizen
or organization, as a target for FISA surveillance;
* prevent people from even talking about terrorist acts;
* establish a DNA database for every person convicted of any felony
or certain sex offenses, almost all of which are entirely
unrelated to terrorism;

EFF Executive Director Shari Steele emphasized, "While it is obviously
of vital national importance to respond effectively to terrorism, this
bill recalls the McCarthy era in the power it would give the
government to scrutinize the private lives of American citizens."

During the Congressional session considering the Combating Terrorism
Act, which was introduced as amendment S.A. 1562 to an omnibus
appropriations bill, H.R. 2500, Senator Patrick Leahy (D-VT) expressed
concern that he was asked to vote so rapidly on such important
legislation within minutes of receiving it and without conducting
hearings in the Intelligence, Armed Services and Judiciary committees:

Maybe the Senate wants to just go ahead and adopt new abilities to
wiretap our citizens. Maybe they want to adopt new abilities to go
into people's computers. Maybe that will make us feel safer. Maybe.
And maybe what the terrorists have done made us a little bit less
safe. Maybe they have increased Big Brother in this country.

If that is what the Senate wants, we can vote for it. But do we
really show respect to the American people by slapping something
together, something that nobody on the floor can explain, and say
we are changing the duties of the Attorney General, the Director of
the CIA, the U.S. attorneys, we are going to change your rights as
Americans, your rights to privacy? We are going to do it with no
hearings, no debate. We are going to do it with numbers on a page
that nobody can understand.

EFF shares Senator Leahy's concerns in this time of national crisis.
EFF Legal Director Cindy Cohn commented, "These proposals
significantly impact the civil liberties of Americans. We urge
legislators to please slow down and consider the long-term
consequences of your votes."

"I believe that deep in their souls, Americans understand that the
reason this country is so great--is so worth defending--is because it
is free," explained EFF Executive Director Shari Steele. "We should be
very careful to make sure that any legislation that passes is truly
needed to address national security concerns."

During World War I, the US Congress hastily passed the Espionage Act
which was notorious for decreasing freedoms without improving the
security of the American public, under which Congress granted the
Postmaster General (who delegated it to 55,000 local postmasters) the
authority to read any mail and remove any material that might
"embarrass" the government in conducting the war effort.

The proposed Anti-Terrorism Act a.k.a. Mobilization Against Terrorism
Act:
http://www.eff.org/sc/ashcroft_proposal.html

EFF analysis of the ATA/MATA bill [coming soon]:
http://www.eff.org/sc/eff_ashcroft.html

Attorney General John Ashcroft's remarks on response to terrorism from
FBI headquarters on September 17, 2001:
http://www.eff.org/sc/ashcroft_statement.html

The relevant portions of the Combating Terrorism Act (CTA), amendment
S.A. 1562 of bill H.R. 2500, passed by the Senate:
http://www.eff.org/sc/wiretap_bill.html

To read the entire provisions from Congress's legislation server, go
to:
http://thomas.loc.gov/cgi-bin/query/z?c107:h.r.2500.pp:
They are the very last three sections on the page.

Senator Leahy's testimony on the Combating Terrorism Act:
http://www.fas.org/sgp/congress/2001/s091301.html

EFF analysis of the Combating Terrorism Act:
http://www.eff.org/sc/eff_wiretap_bill_analysis.html

Why "backdoor" encryption requirements reduce security:
http://www.crypto.com/papers/escrowrisks98.pdf

EFF Surveillance Archive:
http://www.eff.org/Privacy/Surveillance/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org

Contact:

Shari Steele, EFF Executive Director
[email protected]
+1 415-436-9333 x103

Lee Tien, EFF Senior First Amendment Attorney
[email protected]
+1 415-436-9333 x102

- end -
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Administrivia

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Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
[email protected]

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