The Carnivore project :: essays research papers

The Carnivore Invasion "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." -- Benjamin Franklin, 1759 The current use and regulations of the F.B.I. surveillance tool known as Carnivore need to be revised in such a way that it will no longer be able to copy the e-mails of unsuspecting Americans. Most Americans are not even aware of the existence of the Carnivore project. The ignorance of the American people is understandable; the government has gone to great lengths to ensure secrecy when it comes to the details of the Carnivore project. The purpose of this paper is to bring to light exactly how the Federal Burro of Investigation (FBI) has invaded the privacy of a countless number of Americans. Once the severe flaws of the Carnivore system have been outlined, this paper will describe what laws need to be changed to make the Carnivore project even reasonable. The FBI designed the Carnivore system to capture email communications of a criminal suspect. The information extracted from the suspect’s e-mails is then used as evidence against the suspect. In this simple explanation the Carnivore system appears to be an effective tool against crime. Unfortunately most issues in this world cannot be explained in two sentences. The process of implementing the Carnivore system begins with a court order for a full content-wiretap (Tyson 2). Once a court order has been issued the FBI is required to request that the suspects Internet Service Provider (ISP) is willing/able to copy all of the e-mails to and from the suspects address. The initial request made by the FBI to allow the ISP to copy the suspect’s e-mails is to ensure that the FBI has tried to meet the â€Å"best evidence† rule (Graham 8). The â€Å"best evidence† rule simply states that the FBI has to obtain evidence in the best way possible. If the ISP is able to copy the suspect’s e-mails directly, it is considered better evidence. If the ISP declines the FBI’s request then the FBI is allowed to install the Carnivore system onto the suspect’s ISP (Graham 6). Why would an ISP decline assistance? ISPs are concerned about the privacy of their customers. For example, Earthlink testified before the Carnivore Commi ttee saying that what the FBI was asking them to do â€Å".