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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.05 (April 22, 1990) **
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MODERATORS: Jim Thomas / Gordon Meyer
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
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DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
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*** Computer Underground Digest Issue #1.05 / File 4 of 5 ***
***************************************************************
Date: Sun, 8 Apr 90 12:13:27 -0700
From: <mrotenberg@cdp.uucp>
To: TK0JUT2
Subject: FBI BBS Surveillance (CPSR FOIA Request)
On August 18, 1989 CPSR submitted a Freedom of Information Act request to the
FBI asking for information about BBS surveillance. After four follow-up
letters, a series of phone calls, and Congressional testimony that discussed
the CPSR request, the FBI has failed to respond to our request. (The statutory
time limit for the FOIA is ten days).
If any one has information about possible FBI surveillance of bulletin boards
or networks, please send it to me. Specific dates, locations, BBSs are
important. (You can send information to me
anonymously by land mail, if you need to protect your identity).
Thanks for your assistance,
Marc Rotenberg, Director
CPSR Washington Office
1025 Connecticut Ave., NW, Suite 1015
Washington, DC 20036
202/775-1588 (voice)
202/775-1941 (Data)
rotenberg@csli.stanford.edu or
cdp!mrotenberg@arisia.xerox.com
Contents:
1. CPSR FOIA Request to the FBI Regarding BBS Surveillance
2. CPSR letter to Congressman Don Edwards regarding FOIA request
3. Chronology of events
[CPSR FOIA Request to the FBI Regarding BBS Surveillance]
CPSR Washington Office
1025 Connecticut Avenue, NW
Suite 1015
Washington, DC 20036
202 775-1588
202 775-1941 (fax)
Director
Marc Rotenberg
August 18, 1989
FOIA Officer
FBI
9th St. & Penn. Ave., NW
Washington, DC 20535
Dear FOIA Officer,
This is a request under the Freedom of Information Act, 5 U.S.C. 552.
Part I:
I write to request a copy of all materials relating to the FBI's collection of
information from computer networks and bulletin boards, such as PeaceNet (San
Francisco CA) or The Well (Berkeley CA), that are used frequently by political
or advocacy organizations. In particular, I would like any records which would
indicate whether the Bureau is intercepting, collecting, reviewing, or
"downloading" computer transmissions from any of the following networks and
conferences: Action Southern Africa, AIDS Coalition Network, The American Peace
Test, Amnesty International, Association for Progressive Communications, Beyond
Containment, Center for Innovative Diplomacy, Central America Resource Center,
Central America Resource Network (CARNet), The Christic Institute, Citizen
Diplomacy, Community Data Processing, EcoNet, Friends of the Earth, Friends
Committee on National Legislation, HandsNet, Institute for Peace and
International Security, Media Alliance, Meiklejohn Civil Liberties Institute,
National Execution Alert Network, Palo Alto Friends Peace and Social Action
Committee, PeaceNet. Quaker Electronic Project, Web, The Well.
This request includes public communications that take place through a computer
bulletin board. For example, this would include both transmissions that are
available for public perusal, a "conference" or "posting," as well as
transmissions that are directed from one party to one or more other specific
parties and intended as private, "electronic mail."
Part II:
I also request any records that would indicate whether the FBI, or anyone
acting at the behest or direction of the FBI, has any computer accounts on any
computer bulletin boards operated by an advocacy or political organization,
and, if so, the names of the bulletin boards, and whether the Bureau has
indicated the actual organizational affiliation of the account holders to the
system operators.
Part III:
I also request any records that would indicate whether the Bureau has ever
operated, is currently operating, is involved in the operation of, or is
planning to operate, a computer bulletin board that is intended for public
use.
Part IV:
I would also like any records which would indicate the circumstances under
which it would be appropriate for an agent or authorized representative, asset,
informant, or source of the Bureau to intercept, collect, review, or "download"
the contents of computer bulletin boards.
Part V:
I would like any records relating to the FBI's development, research, or
assessment of computer systems for automated review of information stored in an
electronic format, obtained from a computer bulletin board or network.
Part VI:
Finally, I request any records that would indicate whether the FBI has
developed, or is planning to develop, a system that could automatically review
the contents of a computer file, scan the file for key terms or phrases, and
then recommend the initiation of an investigation based upon this review.
I ask that you check with your regional offices in San Francisco, San Jose,
Austin, Phoenix, Los Angeles, and New York, in addition to the files that are
available in Washington, DC. I also ask that you consult with those agents
involved in the investigation of computer crime to determine whether they might
be aware of the existence of such records. You should also check any documents
relating to John Maxfield, who was employed by the Bureau to investigate
computer bulletin boards.
Under the Freedom of Information Act, you may withhold all properly exempted
materials. However, you must disclose all non-exempt portions that are
reasonably segregable. I reserve the right to appeal the withholding or
deletion of any information.
Under the Freedom of Information Act, CPSR is entitled to a waiver of all fees
for this request because the "disclosure of this information is likely to
contribute significantly to the public understanding of the operations or
activities of the government and is not primarily in the commercial interest of
the requester." CPSR is a non-profit, educational organization of computer
scientists. Our work has been cited in scholarly journals, trade publications,
and the national media. CPSR has particular expertise on the use of computer
technology by the FBI, having prepared an extensive report on the proposed
expansion of the NCIC at the request of Congressman Don Edwards. For these
reasons, CPSR is entitled to a waiver of all fees.
If you have any questions regarding this request, please telephone me at the
above number. I will make all reasonable efforts to narrow the request if you
determine that it has been too broadly framed.
As provided in the Freedom of Information Act, I will expect to receive a
response within ten working days.
Sincerely yours,
Marc Rotenberg, Director
Washington Office,
Computer Professionals
for Social Responsibility
[CPSR letter to Congressman Don Edwards regarding FOIA request]
1
February 27, 1990
Representative Don Edwards
Subcommittee on Civil and
Constitutional Rights
House Judiciary Committee
806 House Annex 1
Washington, DC 20515
Dear Chairman Edwards:
I am writing to you about a particular FOIA request tha