In a legal battle with the Federal Bureau of Investigation (FBI) and the Justice Department, for example, the Electronic Privacy Information Center (EPIC) uncovered technical information about the e-mail snooping program known as Carnivore, or DCS1000.

EPIC found that Carnivore was hard to control, and in fact botched a terrorist investigation because it collected nontargeted e-mail, according to policy and legal documents EPIC obtained through a Freedom of Information Act (FOIA) request, its lawsuit and a recent court order.

Security experts say that the level of government Internet monitoring is not likely to subside, however, particularly in light of new antiterrorism and security legislation that not only reduces warrant requirements for monitoring but also encourages Internet service providers (ISPs) to report suspicious activity.

Biting Off Too Much

An internal FBI memo indicated that Carnivore had captured nontargeted e-mail, which resulted in the system inadvertently discarding e-mail evidence, including messages from a court-authorized target in a terrorist investigation.

"It shows one of the [e-mail] takes was fouled and it had to be thrown out," EPIC legislative counsel Chris Hoofnagle told NewsFactor. Hoofnagle also countered government claims that only subject headers, URLs and IP addresses -- and not content -- are monitored.

"Traffic data can often indicate content," Hoofnagle said. "A lot of intelligence now is done through simple traffic analysis."

Spies and ISPs

According to SecurityFocus senior threat analyst Ryan Russell, while the government is looking to truck drivers and other members of the public to deliver tips in the name of homeland security, the effort itself has come under fire after the Web site for tips was hacked, leaving accessible a list of informants.

Federal authorities are also seeking more leeway in monitoring electronic communications , such as those on the Internet. The Cyber Security Enhancement Act, recently passed overwhelmingly in the House, would broaden an ISP's abilities and responsibilities when it comes to reporting suspicious activity.

Hoofnagle called the legislation "very risky," adding that "no ISP is going to say no -- they're not going to want to say no."

Hoofnagle added that the act is a "real threat to Internet privacy." (continued...)

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