FBI Digital Telephony Bill Returns

The Federal Bureau of Investigation has reintroduced its controversial
1992 proposal to require that communications service providers redesign
their equipment to facilitate electronic surveillance.  The Bureau has
sent a draft to Congress but so far, no Senator or Congressperson has
stepped forward to sponsor it.

The draft bill, ironically named the Digital Telephony and
Communications Privacy Improvement Act of 1994, mandates that common
carriers (phone, cable and computer network companies) modify their
switches and computers to ensure that surveillance can be conducted
concurrently from a remote government facility.  It requires that
manufacturers and support companies assist carriers.

In an addition to the 1992 bill, the 1994 bill also mandates that
systems be designed to collect transactional information that users
generate and make that information available to law enforcement
agencies.  This information includes data on calls made and received.
Under the NII, future information collected may include all manner of
transactions, including purchases, financial and medical information.

Any company that fails to comply with the requirements of the bill
would be fined $10,000/day and shut down.  Companies would have three
years from the date of enactment to comply.  The Attorney General would
have the authority to enact these penalties and would be encouraged to
cooperate with the Federal Communication Commission.  The FCC would
issue rules to cover the cost of complying with the procedures. An
internal FBI memo released to CPSR under a Freedom of Information Act
lawsuit estimates the cost of compliance at $300 million.
Communications Daily reports that other experts have estimated that the
cost will be over one billion dollars.

The bill also revises sections of the Electronic Communications Privacy
Act to extend the legal protection of ECPA to cordless phones and
clarifies ECPA to allow for monitoring of computer systems by system
managers.

The 1992 bill was never formally introduced due to lack of a sponsor
after industry, civil liberties groups and the public criticized it.
Copies of the 1994 and 1992 drafts are available from the CPSR Internet
Library. (see below for details).

Also available are educational materials about the Digital Telephony
proposal. To obtain a video copy of the ABC Nightline special on the
original FBI proposal, send $14.98 plus 3.98 s/h to MPI Home Video,
15825 Rob Roy Dr., Oak Forest, IL 60452 and request a copy of the
5/22/92 program "FBI Pushes for Wiretap Powers."  The program features
a debate between former FBI Director William Sessions and CPSR
Washington Director Marc Rotenberg.

Available from CPSR is a 450-page sourcebook of materials on privacy
and cryptography, including the materials on the original digital
telephony proposal with commentary.  The CPSR Sourcebook is available
for $50.  Send a check to CPSR, 666 Pennsylvania Ave., SE, Suite 301,
Washington, DC 20003
