Material released as part of the first installment of Carnivore FOIA Documents (10/02/00) is available.
On July 11, 2000, the existence of an FBI Internet monitoring system called "Carnivore" was widely reported. Although the public details were sketchy, reports indicated that the Carnivore system is installed at the facilities of an Internet Service Provider (ISP) and can monitor all traffic moving through that ISP. The FBI claims that Carnivore "filters" data traffic and delivers to investigators only those "packets" that they are lawfully authorized to obtain. Because the details remain secret, the public is left to trust the FBI's characterization of the system and -- more significantly -- the FBI's compliance with legal requirements.One day after the initial disclosures, EPIC filed a Freedom of Information Act (FOIA) request seeking the public release of all FBI records concerning Carnivore, including the source code, other technical details, and legal analyses addressing the potential privacy implications of the technology. On July 18, after Carnivore had become a major issue of public concern, EPIC asked the Justice Department to expedite the processing of its request. When DOJ failed to respond within the statutory deadline, EPIC filed suit in U.S. District Court seeking the immediate release of all information concerning Carnivore.
At an emergency hearing held on August 2, U.S. District Judge James Robertson ordered the FBI to report back to the court by August 16 and to identify the amount of material at issue and the Bureau's schedule for releasing it. The FBI subsequently reported that 3000 pages of responsive material were located, but it refused to commit to a date for the completion of processing. EPIC immediately filed a motion requiring the FBI to release the material by December 1, 2000 -- the date when the Justice Department plans to release the results of an "independent review" of the Carnivore system. In response to EPIC's motion, the Justice Department and the FBI on August 24 moved to dismiss the lawsuit, claiming that the court has no authority to order the disclosure of Carnivore documents by any particular date. The court denied both motions, essentially deciding not to set a specific date for the completion of processing, but retaining its role overseeing the FBI's processing of EPIC's request.
EPIC believes the proposed "independent review" is no substitute for the public disclosure of information concerning Carnivore, consistent with the requirements of the FOIA.
EPIC's Complaint (PDF) Motion for a Temporary Restraining Order (PDF)
FBI's Carnivore Page Executive Summary of DOJ Request for Proposals for
Independent Review of Carnivore System (PDF)DOJ Request for Proposals for Independent Review of Carnivore System (PDF)
"Model Scenarios" for Independent Technical Review of the Carnivore System (PDF)
"Vendor Issues" for Independent Technical Review of the Carnivore System (PDF)
USA Today Editorial on Shortcoming of Carnivore Independent Review
("A public whose e-mail could be invaded deserves better.")