The spirit of Carnivore is spreading worldwide

The FBI's Carnivore utility is helping to inspire e-mail snooping by governments around the world.

In earlier newsletters, we have discussed Carnivore, an FBI tool for intercepting e-mail and other data communications. The FBI says it uses the e-mail as evidence in criminal cases, but also to "prevent serious criminal behavior."

Law enforcement agencies' desire to intercept e-mail is popping up in various places. In November, an amendment to New Zealand's Crimes Act was proposed which would make hacking and similar forms of computer access illegal - except if performed by New Zealand law enforcement agencies. Another proposed change coming shortly will be amendments to New Zealand's Telecommunications Act which would require network service providers to make their systems accessible to government data interception systems, much like the FBI wants to make U.S.-based ISPs accessible to Carnivore.

Earlier this year, the government of the Netherlands was accused of intercepting e-mail traffic between a Dutch software company and a customer in Iran that was suspected of producing nuclear-related materials. Current Dutch law requires law enforcement agencies to receive approval from four government ministers to undertake an e-mail wiretapping operation. However, a proposed law would require only one minister's approval for such interception.

In November, the British government dropped a proposal that would have made it a crime to refuse to give the government a decryption key for encrypted communications. Although the proposal is not yet law, it may become so at some point.

Although reported some time ago, Project Echelon appears to be very much alive and well. Supposedly, the United States and several other nations have operated a data interception network for more than 20 years that can process various types of electronic communication, including e-mail, in an effort to ferret out illegal and other activities of interest.

Michael D. Osterman is the principal of Osterman Research, a market research firm that helps organizations understand the markets for messaging, directory and related products and services. He can be reached by clicking here.

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