FBI wants widespread monitoring of 'illegal' Internet activity

[Attero Dominatus]

April 23, 2008 11:48 AM PDT
FBI wants widespread monitoring of 'illegal' Internet activity
Posted by Anne Broache

WASHINGTON--The FBI on Wednesday called for new legislation that would allow federal police to monitor the Internet for "illegal activity."

The suggestion from FBI Director Robert Mueller, which came during a House of Representatives Judiciary Committee hearing, appears to go beyond a current plan to monitor traffic on federal-government networks. Mueller seemed to suggest that the bureau should have a broad "omnibus" authority to conduct monitoring and surveillance of private-sector networks as well.

The surveillance should include all Internet traffic, Mueller said, "whether it be .mil, .gov, .com--whichever network you're talking about." (See the transcript of the hearing.)

In response to questions from Rep. Darrell Issa, a California Republican, Mueller said his idea "balances on one hand, the privacy rights of the individual who are receiving the information, but on the other hand, given the technology, the necessity of having some omnibus search capability utilizing filters that would identify the illegal activity as it comes through and give us the ability to preempt that illegal activity where it comes through a choke point."

In response, Issa said: "Can you have someone on your staff designated to work with members of Congress on trying to craft that legislation?"

If any omnibus Internet-monitoring proposal became law, it could implicate the Fourth Amendment's guarantee of freedom from unreasonable searches and seizures. In general, courts have ruled that police need search warrants to obtain the content of communication, and the federal Wiretap Act created "super warrant" wiretap orders that require additional steps and judicial oversight.

More: (On edit: linked to FR article because link to original source will not work. http://www.freerepublic.com/focus/f-news/2007133/posts )

[Airwolf]

So watching the internet is more important then watching the borders?

[djones520]

So watching the internet is more important then watching the borders?

It's the FBI's job to watch the borders?

[rich_t]

They already have much of the ability, if not the omnibus authority to do so:

CALEA (Communications Assistance for Law Enforcement Act)