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*** Volume 1, Issue #1.05 (April 22, 1990) **
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*** Computer Underground Digest Issue #1.05 / File 4 of 5 ***
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Date: Sun, 8 Apr 90 12:13:27 -0700
From: <
[email protected]>
To: TK0JUT2
Subject: FBI BBS Surveillance (CPSR FOIA Request)
On August 18, 1989 CPSR submitted a Freedom of Information Act request to the
FBI asking for information about BBS surveillance. After four follow-up
letters, a series of phone calls, and Congressional testimony that discussed
the CPSR request, the FBI has failed to respond to our request. (The statutory
time limit for the FOIA is ten days).
If any one has information about possible FBI surveillance of bulletin boards
or networks, please send it to me. Specific dates, locations, BBSs are
important. (You can send information to me
anonymously by land mail, if you need to protect your identity).
Thanks for your assistance,
Marc Rotenberg, Director
CPSR Washington Office
1025 Connecticut Ave., NW, Suite 1015
Washington, DC 20036
202/775-1588 (voice)
202/775-1941 (Data)
[email protected] or
[email protected]
Contents:
1. CPSR FOIA Request to the FBI Regarding BBS Surveillance
2. CPSR letter to Congressman Don Edwards regarding FOIA request
3. Chronology of events
[CPSR FOIA Request to the FBI Regarding BBS Surveillance]
CPSR Washington Office
1025 Connecticut Avenue, NW
Suite 1015
Washington, DC 20036
202 775-1588
202 775-1941 (fax)
Director
Marc Rotenberg
August 18, 1989
FOIA Officer
FBI
9th St. & Penn. Ave., NW
Washington, DC 20535
Dear FOIA Officer,
This is a request under the Freedom of Information Act, 5 U.S.C. 552.
Part I:
I write to request a copy of all materials relating to the FBI's collection of
information from computer networks and bulletin boards, such as PeaceNet (San
Francisco CA) or The Well (Berkeley CA), that are used frequently by political
or advocacy organizations. In particular, I would like any records which would
indicate whether the Bureau is intercepting, collecting, reviewing, or
"downloading" computer transmissions from any of the following networks and
conferences: Action Southern Africa, AIDS Coalition Network, The American Peace
Test, Amnesty International, Association for Progressive Communications, Beyond
Containment, Center for Innovative Diplomacy, Central America Resource Center,
Central America Resource Network (CARNet), The Christic Institute, Citizen
Diplomacy, Community Data Processing, EcoNet, Friends of the Earth, Friends
Committee on National Legislation, HandsNet, Institute for Peace and
International Security, Media Alliance, Meiklejohn Civil Liberties Institute,
National Execution Alert Network, Palo Alto Friends Peace and Social Action
Committee, PeaceNet. Quaker Electronic Project, Web, The Well.
This request includes public communications that take place through a computer
bulletin board. For example, this would include both transmissions that are
available for public perusal, a "conference" or "posting," as well as
transmissions that are directed from one party to one or more other specific
parties and intended as private, "electronic mail."
Part II:
I also request any records that would indicate whether the FBI, or anyone
acting at the behest or direction of the FBI, has any computer accounts on any
computer bulletin boards operated by an advocacy or political organization,
and, if so, the names of the bulletin boards, and whether the Bureau has
indicated the actual organizational affiliation of the account holders to the
system operators.
Part III:
I also request any records that would indicate whether the Bureau has ever
operated, is currently operating, is involved in the operation of, or is
planning to operate, a computer bulletin board that is intended for public
use.
Part IV:
I would also like any records which would indicate the circumstances under
which it would be appropriate for an agent or authorized representative, asset,
informant, or source of the Bureau to intercept, collect, review, or "download"
the contents of computer bulletin boards.
Part V:
I would like any records relating to the FBI's development, research, or
assessment of computer systems for automated review of information stored in an
electronic format, obtained from a computer bulletin board or network.
Part VI:
Finally, I request any records that would indicate whether the FBI has
developed, or is planning to develop, a system that could automatically review
the contents of a computer file, scan the file for key terms or phrases, and
then recommend the initiation of an investigation based upon this review.
I ask that you check with your regional offices in San Francisco, San Jose,
Austin, Phoenix, Los Angeles, and New York, in addition to the files that are
available in Washington, DC. I also ask that you consult with those agents
involved in the investigation of computer crime to determine whether they might
be aware of the existence of such records. You should also check any documents
relating to John Maxfield, who was employed by the Bureau to investigate
computer bulletin boards.
Under the Freedom of Information Act, you may withhold all properly exempted
materials. However, you must disclose all non-exempt portions that are
reasonably segregable. I reserve the right to appeal the withholding or
deletion of any information.
Under the Freedom of Information Act, CPSR is entitled to a waiver of all fees
for this request because the "disclosure of this information is likely to
contribute significantly to the public understanding of the operations or
activities of the government and is not primarily in the commercial interest of
the requester." CPSR is a non-profit, educational organization of computer
scientists. Our work has been cited in scholarly journals, trade publications,
and the national media. CPSR has particular expertise on the use of computer
technology by the FBI, having prepared an extensive report on the proposed
expansion of the NCIC at the request of Congressman Don Edwards. For these
reasons, CPSR is entitled to a waiver of all fees.
If you have any questions regarding this request, please telephone me at the
above number. I will make all reasonable efforts to narrow the request if you
determine that it has been too broadly framed.
As provided in the Freedom of Information Act, I will expect to receive a
response within ten working days.
Sincerely yours,
Marc Rotenberg, Director
Washington Office,
Computer Professionals
for Social Responsibility
[CPSR letter to Congressman Don Edwards regarding FOIA request]
1
February 27, 1990
Representative Don Edwards
Subcommittee on Civil and
Constitutional Rights
House Judiciary Committee
806 House Annex 1
Washington, DC 20515
Dear Chairman Edwards:
I am writing to you about a particular FOIA request that CPSR
has pursued since August of last year. We asked the FBI for
information about the monitoring of computer networks and bulletin
boards. We initiated this request because of the obvious civil
liberties interests -- speech, associational, and privacy -- that
would be endangered if the FBI's examination of the contents of
computer systems failed to satisfy appropriate procedural
safeguards.
After six months of delay, five certified letters to the
Bureau's FOIA/Privacy Act office, and many phone calls with the
FBI's FOIA officers, we have not received even a partial response to
our request.
On September 20, 1989 a FOIA officer at the FBI assured us
that information would be forthcoming "in a couple of weeks." A
letter from the FBI FOIA/PA office on December 22 indicated that
information responsive to our request "has been located and will be
assigned for processing soon." But when I spoke with a FBI FOIA
Officer on February 15, less than two weeks ago, I was told that
they "haven't even started" to process the request and that the FBI
couldn't say when we would receive a response. (Please see
enclosed chronology and attachments).
The need for this information is truly urgent. Further delay
will constitute a denial. Congress is now considering several
computer crime bills, such as H.R. 55 and H.R. 287, that could
broaden the authority of federal agents to examine the contents of
computer systems across the country. There is a good chance that a
bill will pass before the end of this session.
Before opening the door to new forms of criminal
investigation, Congress and the public should have a complete
picture of the FBI's current practices. Computer communications are
particularly vulnerable to surveillance and routine monitoring.
Computer mail unrelated to a particularized investigation could be
swept up in the government's electronic dragnet if the law is not
carefully tailored to a well defined purpose. Without a clear
understanding of the civil liberties problems associated with the
investigation of computer crime, Congress may be exacerbating a
problem it does not yet fully know about.
CPSR's Freedom of Information Act request could provide
answers to these questions. The FOIA establishes a presumption
that the activities of government should be open to public review
and that agency records should be disclosed upon request. But the
Bureau failed to comply with the statutory requirements of the FOIA
and frustrated our effort to obtain information that should be
disclosed. Without this information computer users, the public, and
the Congress, may be unable to assess whether the Bureau's current
activities conform to appropriate procedural safeguards.
Computer crime is a serious problem in the United States. One
auditing firm places the annual loss between $3 billion and $5
billion. Nonetheless, it is necessary to ensure that new criminal
law does not undermine the civil liberties of computer users across
the country. We requested information from the FBI under the FOIA
to help assess the adequacy of current safeguards. The Bureau failed
to respond. The result is that the public is left in the dark at a time
when significant legislation is pending.
We would appreciate whatever assistance with this request
you might be able to provide.
Sincerely yours,
Marc Rotenberg, Director
CPSR Washington Office
Enclosure
Chronology of CPSR's FOIA Request regarding
FBI Monitoring of Computer Networks with attachments
cc: Representative Charles Schumer
Representative Wally Herger
FBI FOIA/PA Office
[Chronology of events]
Chronology of events
1
CPSR FOIA Request
FBI Monitoring of Computer Networks
CHRONOLOGY
Aug. 18, 1989
CPSR sends FOIA request to FBI seeking agency
records regarding the FBI's monitoring of computer
networks and computer bulletin boards used by
political and advocacy organizations. The FOIA
request seeks information about:
% the FBI's surveillance of computer bulletin
boards and networks used by political
organizations;
% the FBI's creation of clandestine accounts on
computer bulletin boards and networks operated
by political organizations;
% the FBI's creation of secret accounts on public
bulletin boards;
% the FBI's procedures regarding the downloading
of information contained on a computer bulletin
board;
% the FBI's research on the automated review of
the contents of information contained on
computer bulletin board and networks; and
% the FBI's research on the automation of the
decision to initiate a criminal investigation,
based on the contents of a computer
communication.
The letter requests a fee waiver based on the
public interest standard. The letter indicates that
CPSR has particular expertise in the evaluation of
the civil liberties implications of law enforcement
computer systems, having completed an extensive
report for the House Judiciary Committee on the
proposed expansion of the FBI's computer system,
the NCIC. The letter further states that CPSR
would work with the FOIA/PA office to facilitate
the processing of the request.
Aug. 31, 1989
FBI response #1. FBI sends a letter to CPSR
acknowledging receipt of the FOIA request and
designating the request "FBI's Computer Networks
and Bulletin Board Collection," request no. 319512.
Sept. 20, 1989
CPSR speaks with FOIA Officer Keith Gehle
regarding status of request. Mr. Gehle states that
he can not send a response "until he receives
responses from various agencies." It is "difficult
to go to computing indices." He says that he
expects to have information "in a couple of
weeks,"and will have a response "by October 5, at
the latest."
Oct. 16, 1990
CPSR Follow-up letter #1. CPSR confirms
conversation with Mr. Gehle regarding Oct. 5 target
date and asks FOIA Officer to call to indicate the
status of the FBI's response to the request.
Oct. 26, 1989
CPSR speaks with Mr. Gehle. He says, "we are
working on your request." "We should have
something soon. Hate to give a specific date, but
should have a letter for you within two weeks."
Nov. 22, 1989
CPSR follow-up letter #2. CPSR writes to Mr.
Gehle, notes that Mr. Gehle said he was working on
the request, and the that response should have been
sent by Nov. 9. CPSR requests that FOIA officer
call CPSR by Dec. 1 to indicate the status of the
request.
Dec. 22, 1989
FBI response #2. FBI sends letter,
acknowledging receipt of Oct. 16 and Nov. 22
letters. The letter states that "[i]nformation which
may be responsive to your request has been located
and will be assigned for processing soon." The
letter indicates that the FOIA/PA office receives a
large number of requests and that delays are likely.
Jan. 9 , 1990
CPSR follow-up letter #3. CPSR writes to Mr.
Moschella, chief of the FOIA/PA office at the FBI,
acknowledges Dec. 22 letter and location of
responsive information. Requests that records be
sent by Feb 18, 1990.
Jan. 19, 1990
FBI response #3. FBI sends letter stating that
the Bureau has allocated many agents to FOIA
processing, that a large number of requests are
received. The letter further states that "a delay of
several months or more may be anticipated before
your request is handled in turn."
Feb. 2, 1990
CPSR follow-up letter #4. CPSR writes to Mr.
Moschella, acknowledges Jan. 19, expresses
concern about delay. Letter notes that CPSR was
assured by a FOIA officer in the fall that "request
would be answered within 'a couple of weeks.'"
Feb. 15, 1990
CPSR receives call from Mr. Boutwell. According to
Mr. Boutwell, FBI can't say when request will be
processed. "Haven't even started. Backlogs and lay-
offs during past year . . ." CPSR: FOIA Officer
indicated information had been located. FBI: Too
optimistic. "Request not yet assigned to an analyst
. . working now on 1988 requests . . . Litigation is
taking up time . . . analyst is taking time away
from document review for litigation . . . increased
requests, fewer personnel, lots of other factors.
Would expedite for life and death or due process,
pursuant to agency regulations." CPSR: so when do
we receive a response? FBI: "Can't say."
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