5 Terrorism In the U.S. Domestic vs. International terrorism The need to fight terrorismRelation to computingThe government’s solution
6 What is the Patriot Act? Anti-terrorism legislative document Addresses cyber crimes issuesFundamental privacy vs. security issuesCreates new laws / Appends Old Laws
7 Some of the Major Provisions Court subpoena no longer needed for ISP’s to give informationComputer crimes are now “terrorist” offensesISP’s have to give up more user informationCourt orders no longer needed for monitoring suspects in computer crimes casesAppends the Computer Fraud and Abuse ActMajor changes at Libraries in the U.S.Development of electronic crime task force within the U.S. Secret ServiceImplementation of the Carnivore Tracking Device
8 Who Are the Stakeholders? Computer users in the publicInternet Service ProvidersLibrariesLaw EnforcementTerrorists
10 Ethical and Legal Questions about the USAPA The USAPA affects policies regarding wiretapping and warrantsAs is common with such cases, it is asked “Do these new changes violate Constitutional (Legal) Rights?”Many people have strong reservations about the need for privacy. “Do these new policies violate the right to privacy?”
11 Ethical and Legal Questions Debate has arisen over usefulness vs. legitimacyNo cases has challenged the computer provisions in the USAPA yetBiggest concerns: and information handlingFourth and Ninth Amendments in Question
12 The Right to Privacy Not expressly given in the Constitution Fourth Amendment is a compelling argument for privacy because it guarantees the right to be secure in one’s own person, house, and papersFifth Amendment protects people from divulging certain informationNinth Amendment grants rights not expressly given in the Constitution
13 The Right to Search only with Probable Cause interception has been treated in the USAPA as similar to wiretappingFourth Amendment requires probable cause for the issue of a warrantIn Katz vs. U.S. 1967, the Supreme Court stated that the Fourth Amendment protects people, not places. What a person seeks to keep private is constitutionally protected (phone conversations included)
14 To reiterate:Who are the major sides in the argument for and against the Patriot Act?U.S. Government offices such as the Whitehouse, CIA, FBI, and Dept. of Justice are in favor.Civil Liberties Groups such as the ACLU, and Electronic Frontier Foundation (EFF)are against it.
15 Analysis of the USAPA by President Bush “Surveillance of communications is an essential tool to pursue and stop terrorists. The existing laws were written in the era of rotary telephones. This bill met with an overwhelming support in Congress because it upholds and respects civil liberties.
16 Analysis of the USAPA by the EFF “It seems clear that the vast majority of sections included have not been carefully studied by Congress, nor was sufficient time taken to debate it or hear testimony from experts. The civil liberties of ordinary Americans have taken a tremendous blow”
17 Analysis of the USAPA by the Congressional Research Service “Critics of the USAPA have suggested that it may have gone too far. The Act itself responds to some of these reservations. Many of the wiretapping amendments sunset on December The Fourth Amendment protects private conversations, but it does not cloak even highly personal information [such as ISP records].”
18 Case Study: Zacarias Moussaoui How would the USAPA have affected the events leading up to 9/11?In specific, we look at computer-related provisions in the USAPAWe chose to study the only case involving someone on trial for the 9/11 attacks: Zacarias Moussaoui
19 Case Study: Zacarias Moussaoui - Who was he? A 33 year old French-born Moroccan with a history of Muslim radicalismEntered the U.S. February 2001 and immediately began learning how to flyStudied at the Pan Am Flying Academy in Eagan, MinnesotaHe paid for his lessons with about $8000 in cash
20 Case Study: Zacarias Moussaoui - Who was he? Instructors became suspicious because it seemed that Moussaoui was most concerned with steering aircraft, and not landing or taking offFBI detained Moussaoui on August 17 and he is now charged with 6 criminal counts concerning 9/11.
21 Case Study: Zacarias Moussaoui At the time of his arrest, the FBI found flight manuals for a Boeing 747, 2 knives, fighting shields and a laptop computerThe FBI was also notified by French Intelligence that Moussaoui was suspected of involvement with Islamic extremists
22 Case Study: Zacarias Moussaoui - FBI Requests a warrant The FBI requested a warrant under the Foreign Intelligence Surveillance Act (FISA) to search his computerDenied due to insufficient evidence that Moussaoui was involved with terrorists.It turns out that information regarding the spraying of pesticides from planes was among the content on his computer.
23 Case Study: Zacarias Moussaoui - The Relationship to the USAPA How does this case relate to the Patriot Act?The requested for a warrant was under provisions by the FISA. These provisions have been updated with the USAPAThere are additional provisions in the USAPA alone that could have allowed a warrant to be issued
24 Case Study: Zacarias Moussaoui - Details We are Interested In. Moussaoui was a suspected terrorist by French IntelligenceHe was suspected by the FBI in Minnesota to be a terrorist
25 Case Study: Zacarias Moussaoui - The act of getting a warrant FISA is changed by USAPA to state that terrorism only needs to be a “significant purpose for an investigation” ; this is less than “probable cause”Other USAPA provisions could also have been used to obtain a warrant
26 Case Study: Zacarias Moussaoui - What can the FBI do with that warrant? Under Section 219, a FISA warrant now entitles investigators the ability “to coordinate efforts to investigate potential hostile attacks”Would have allowed for the searching of his computerThis is how computers are very much a part of this case!
27 Case Study: Zacarias Moussaoui - What was on his computer? Pesticide and Crop Dusting InformationIn retrospect, relevant because of Anthrax AttacksWhat is important is the potential information!
28 Case Study: Zacarias Moussaoui - What was on his computer? Ethical: Overall good to American people is obviousUnethical action of invading Moussaoui’s privacy relatively minor?What is important is the potential information
29 Case Study: Zacarias Moussaoui Benefits of USAPA seem clearDisadvantages seem to be minorWe need to examine other cases regarding the USAPA
30 Case Study 2: Internet Service Providers Part of Corporate AmericaHow does the USA Patriot Act affect them? (Sec. 212)Law Enforcement’s POVCivil Libertarian’s POVPro’s & Con’sEthical Questions
31 ISPs: Part of Corporate America They do not generally engage in criminal or terrorist activityThere are large and small ISPs alike and the effects on both must be taken into account.The financial impacts on both must be taken into account
32 How does the USA Patriot Act affect ISPs? Allows ISPs to “voluntarily” disclose electronic communicationsIn the event immediate danger or death or serious bodily injury to a person requires such disclosure.
33 Law Enforcement’s POV Previous Law was inadequate No provisions allowing providers to disclose customer records or communications in emergenciesDid not expressly permit a provider to voluntarily disclose “non-content” records to law enforcement for purposes of self protectionProviders could disclose the content of communications for this reason
34 What Does “Non-Content” Mean It includes records of session times and durations, temporarily assigned network (IP) addresses; means in sources of payments, including credit card or bank account numbers
35 Civil Libertarians POV It allows ISPs to voluntarily handover all "non-content" information to law enforcement with no need for a court order or subpoenaIt expands the records that the government may seek with a simple subpoena (no court review required)i.e. “non-content” Information
36 Pro’sISPs may now authorize law enforcement to intercept a computer trespasser’s wire or electronic communicationsNo need for law enforcement to first obtain a court order before performing these surveillance activitiesComputer system operators can now obtain assistance from law enforcement when they are attacked by trespassing “hackers”The DOJ analogizes this new power to a homeowner calling the police
37 Con’sCSPs may now voluntarily disclose information about users to law enforcementMay now voluntarily disclose to the government user communications or customer recordsFinancial burden on ISP / Additional Man power is uncertain
38 Ethical QuestionsIs it ethical to allow ISPs to make the determination of whether or not there is an emergency involving immediate danger of death or serious physical injury to any person ?
39 Ethical Questions Continued Is it ethical to impose any additional technical obligation or requirement on a ISP which may impact it financially?
40 Ethical Questions Continued The USA Patriot Act allows for ISPs to “voluntarily” disclose information to law enforcement, how will the public view the ISP who “might” have had information which could have prevented a terrorist act?The FBI has recently come under fire for this exact situation
41 Case Study 3: The General Computing Public A Broader OverviewInternet UsersStudentsSoftware Piracy
42 Internet UsersMost businesses and home computer users as well, require an internet connectionWe are the minority of the Computing PublicMost of the general computing is weary of the security of the internetAnything that affects an ISPs ability to function also impacts the general computing public
43 Pro’s The easy answer…! Most will not notice any difference ISPs able to provide better service to their customers
44 Con’s The easy answer…! More innocent victims ISPs unable to provide adequate service to their customers
45 Ethical QuestionsIs it ethical that the USAPA makes law enforcements job of apprehending criminals easier at the cost of affecting a greater number of innocents?
47 StudentsA large population of the general computing public are studentsAcademic and personal records at can be accessed by law enforcementThis can be viewed in from two perspectives
48 Pro’s Some of the hijacking terrorists were here on student visas Other immigrants illegally gain entrance to the US under the guise of being studentsIf the FBI might be able to track those terrorists through their student recordsThe president acknowledges this fact
49 Pro’s ContinuedStatements made by the President regarding student visas"We're going to start asking a lot of questions that heretofore have not been asked""We're generous with our universities. We're generous with our job opportunities and never did we realize that people would take advantage of our generosity to the extent they have”
50 Con’sIt is easier for law enforcement to gain access to student recordsThere are already exceptions to FERPA (Buckley Act) for law enforcement to access these recordsMore students will be looked upon with suspicion especially those with student visas
51 Con’s Continued ACLU’s statements regarding student records “allows law enforcement agencies to get access to private student information based on a mere certification that the records are relevant to an investigation”“The bill omits good cause requirements and meaningful judicial review to protect against fishing expeditions that violate student privacy or investigation based upon racial profiling”
52 Ethical QuestionsIs it ethical to create new laws which impact the rights of others simply to make law enforcements job easier?Especially if there are already avenues for law enforcement to take.
53 Ethical Questions Continued Law enforcement must inform you for searches involving a search warrant, even if that notification is delayed.Is it ethical to not inform students that their academic records have been accessed by law enforcement under court order/subpoena?
54 Software PiracyAffects : A large population of the general computing publicNew ease in MP3 and MPEG sharing technologyAvailability of cracked software increases
55 Software PiracyTools such as Carnivore make monitoring of internet users possibleCertain keywords, ISP information release, even possible acquaintance with a criminal may lead to tracking
56 Software Piracy Stakeholder: An average College Student May or may not be aware of legal issues involvedWorking on a report and Sharing MP3’s… could it lead to an arrest?Are we biased in this case?How likely is this case?
57 Argument in Favor of Arrest Unimportant if computer user is a terroristAttorney General states “It is a misconception that computer crime is not as serious as traditional crime”Pirating Software hurts software companies/employeesRIAA states that pirating music hurts recording artists
58 Argument in Favor of Arrest, Continued Law enforcement officials should use every means necessary to catch crimesThus, using the USAPA is justifiableThe USAPA allows laws to be “up to date” with current technologyOverwhelming support in Congress seems to support that they deemed this legislation necessary
59 Argument Against Arrest USAPA designed to “provide appropriate tools required to intercept and obstruct terrorism”USAPA is misleading and has a scope that extends beyond the traditional meaning of terrorism - and that is wrongWhat is Terrorism…?
60 Definition of Terrorism FBI defines terrorism as “the unlawful use of force or violence against persons or property to intimidate or coerce a government or civilian population”This seems reasonable.. But...
61 Definition of Terrorism USAPA defines terrorism differently.Expands notion of “domestic terrorism”Amends Computer Fraud and Abuse Act by stating that computer crimes are “terrorist offenses”Legal or not, is it ethical for an Anti-Terrorism bill to do this?
62 Final Thoughts privacy vs safety Patriot Act is definitely going to change our livesIt isn't clear just how yetour goal in discussing the USAPA