2. 1 The Broader Picture Laws Governing Hacking and Other Computer Crimes Consumer Privacy Employee Workplace Monitoring Government Surveillance Cyberwar and Cyberterror Hardening the Internet Against Attack

3. 2 Figure 12-4: Government Surveillance U.S. Tradition of Protection from Improper Searches  No privacy protection in Constitution  Fourth Amendment: No unreasonable searches and seizures Can search only with probable cause Can only search specific things  FBI misuse of data collection during Hoover’s leadership

4. 3 Figure 12-4: Government Surveillance Telephone Surveillance  Wiretapping Federal Wiretap Act of 1968 for domestic crimes Foreign Intelligence Surveillance Act of 1978 (FISA) for international terrorists and agents of foreign governments Need warrant with probable cause and inability to get information by other means

5. 4 Figure 12-4: Government Surveillance Telephone Surveillance  Pen registers and trap and trace orders Pen registers: List of outgoing telephone numbers called Trap and trace: List of incoming telephone numbers Not as intrusive as wiretap because content of the call is not captured

6. 5 Figure 12-4: Government Surveillance Telephone Surveillance  Pen registers and trap and trace orders Electronic Communications Privacy Act of 1986 allows Must be based on information to be collected being likely to be relevant to ongoing investigation (weak) Judge cannot turn down warrant

7. 6 Figure 12-4: Government Surveillance Telephone Surveillance  Communications Assistance for Law Enforcement Act of 1994 Requires communication providers to install the technology needed to be able to provide data in response to warrants  Patriot Act of 2001 Extends roving wiretaps to FISA—follow the target across media Get billing information from telecommunications providers

8. 7 Figure 12-4: Government Surveillance Internet Surveillance  Extends pen register and trap and trace to Internet traffic  Same weak justification as for telephone traffic  But much more intrusive: e-mail addresses, URLs (which can be visited), etc.

9. 8 Figure 12-4: Government Surveillance Carnivore  Monitoring computer placed at ISP  FBI installs Carnivore computer, collects information  Can limit filtering to restrictions of warrant  No accountability through audit trails

10. 9 Figure 12-4: Government Surveillance The Possible Future of Government Surveillance  Intrusive airport security through face scanning  Possible national ID cards  New ability to gather and analyze information from many databases