Carnivore, the latest tool developed by the FBI to wiretap electronic communications, has raised some serious questions regarding on-line privacy. Carnivore is a combination of software and hardware capable of sniffing all electronic packets that are sent to and from an Internet Service Provider ("ISP") where it is installed. Although the FBI originally maintained that Carnivore was only capable of scanning e-mails at an installed ISP, details later disclosed prove that Carnivore is capable of watching everything from e-mails to web requests and responses, logins, instant messages, and chats.
Privacy advocates argue that the use of Carnivore is unconstitutional under the Fourth Amendment because Carnivore initially scans all the e-mails at the given ISP in order to track and collect targeted e-mails. They further argue that Carnivore has a potential to be misused by the FBI because it is capable of indiscriminately examining, recording, tracking and analyzing any and all forms of communications at a given ISP.
A collection of independent reviewers at the Illinois Institute of Technology examined the Carnivore code and released a preliminary report in November 2000. The report stated that the FBI's Carnivore e-mail monitoring system does not invade privacy, but nevertheless it recommended additional safeguards. Critics argue that the review itself is questionable because the Department of Justice (DOJ) selected reviewers who had close ties with the DOJ and set the rules to ensure the best possible review. Critics further contend that the review does not resolve fundamental issues such as how new electronic devices like Carnivore should be used and whether current laws adequately protect privacy.
Several privacy bills, some specifically targeted at Carnivore, did not survive in the past legislative term, but lawmakers have vowed to take up the issue this year. Some predict the controversy over Carnivore will trigger the development of encryption technology that is ubiquitous, reliable and easy to use - which will make sniffing tools like Carnivore virtually useless.
RELATED LINKS:
Initial report concerning Carnivore
Critical response to Illinois Institute report
StopCarnivore.org - An anti-Carnivore website
