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Computer Crime and |
Privacy Issues in the High-tech Context
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- The Department of Justice Privacy Council
- Law Enforcement Concerns Related to Computerized Data Bases
- Enforcing the Criminal Wiretap Statute
- Referring Potential Privacy Violations to the Department of Justice for Investigation and Prosecution
- Testimony on Digital Privacy
A. The Department of Justice Privacy Council
On December 7, 1998, Attorney General Janet Reno established the Department of Justice Privacy Council. In her memorandum to heads of components of the Justice Department, the Attorney General cites new challenges that have arisen as a result of the proliferation of new technologies as the main reason for the establishment of the Council. The purpose of the Privacy Council is to address privacy concerns in a comprehensive and coordinated way.B. Law Enforcement Concerns Related to Computerized Data BasesThe Computer Crime and Intellectual Property Section of the Department of Justice submitted comments in response to the request of the Federal Trade Commission ("FTC") for comments on its workshop on Consumer Information Privacy and its Data Base Study. The Department is deeply concerned about the safety and security of American citizens. The Department is vigilant to take appropriate measures to guard their privacy while using all the resources at its disposal, including information resources, to investigate and prosecute violations of the federal criminal law. The comments are available via the link below:C. Enforcing the Criminal Wiretap StatuteThe Computer Crime and Intellectual Property Section helps to protect the privacy of Americans by enforcing the criminal wiretap statute, 18 U.S.C. § 2511. One well-publicized interception involved a conference call in which the Speaker of the House Newt Gingrich participated. The couple that intercepted the call pleaded guilty on April 25, 1997, as is described in the press release below. On September 8, 1998, a Sheriff in North Carolina pled guilty today to wiretapping and recording a high school teacher's telephone calls, which the Sheriff intended to use to force the teacher out of his job. More information regarding this prosecution is available via the following link:D. Referring Potential Privacy Violations to the Department of Justice for Investigation and ProsecutionDeputy Attorney General Eric Holder wrote a memo to the Inspector General community encouraging them to refer potential violations of federal privacy statutes to the Department of Justice for investigation and prosecution. The letter provides an overview of federal privacy laws, including the Privacy Act, and explains the sentencing guidelines associated with particular violations. The letter further directs that all suspected 1030(a)(2) offenses should be referred to the Computer Crime and Intellectual Property Section.E. Testimony on Digital PrivacyOn September 6, 2000, Deputy Assistant Attorney General Kevin V. Di Gregory testified before Senate Committee on the Judiciary about the FBI computer program "Carnivore." He addressed the imperative of protecting individual privacy on the Internet from unwarranted governmental intrusion, and the critical role the Department plays to ensure that the Internet is a safe and secure place for our citizens. The text of the statement is in the link below.
On September 6, 2000, Deputy Assistant Attorney General Kevin V. Di Gregory testified before the Subcommittee on the Constitution of the House Committee on the Judiciary on the subject of the two new bills proposed by members of the Subcommittee: H.R. 5018, "The Electronic Communications Privacy Act of 2000," and H.R. 4987, "The Digital Privacy Act of 2000." His testimony detailed the ways in which technological advances challenge law enforcement ability to fulfill its duty to protect public safety and discussed the serious concerns raised by the introduced bills.- Statement of Kevin V. Di Gregory, Deputy Assistant Attorney General, Before the Senate Judiciary Committee on "Carnivore" and Internet privacy (September 6, 2000)
- Testimony of Kevin V. Di Gregory, Deputy Assistant Attorney General, on Proposed Legislation Relating to Privacy and Law Enforcement Authorities in Investigating Cybercrime before the Subcommittee on the Constitution of the House Committee on the Judiciary (September 6, 2000)
Kevin V. Di Gregory, Deputy Assistant Attorney General, testified before the Subcommittee on the Constitution of the House Committee on the Judiciary on July 24, 2000. This statement addressed the law enforcement tool "Carnivore" and its impact on Internet privacy and the Fourth Amendment.On April 6, 2000, Deputy Assistant Attorney General Kevin V. Di Gregory testified before the Subcommittee on the Constitution of the House Committee on the Judiciary on the subject of the Fourth Amendment and the Internet. His testimony detailed the ways in which the Fourth Amendment protects the privacy of Internet users. Also covered were the new technical challenges that face law enforcement and possible solutions for overcoming these challenges.Statement of Kevin Di Gregory, Deputy Assistant Attorney General Criminal Division, Before the Subcommittee on the Constitution of the House Committee on the Judiciary on "Carnivore" and the Fourth Amendment (July 24, 2000) Testimony of Kevin V. Di Gregory, Deputy Assistant Attorney General, on the Fourth Amendment and the Internet before the Subcommittee on the Constitution of the House Committee on the Judiciary (April 6, 2000) On March 27, 2000, John T. Bentivoglio, Special Counsel for Health Care Fraud and Chief Privacy Officer at the U.S. Department of Justice, gave remarks on the prosecution of health care fraud and the protection of health care privacy on the Internet. His speech focused on the Federal government's fraud, consumer protection, and privacy protection efforts as they relate to the Internet healthcare industry.
On May 27, 1999, the Subcommittee on Courts and Intellectual Property of the Judiciary Committee, United States House of Representatives convened a hearing on medical records privacy. John T. Bentivoglio, the Justice Department’s Chief Privacy Officer, testified before the committee on the subject of digital privacy in general. The testimony outlines the Department’s privacy initiatives, including the work of the Privacy Council and comments on industry-led privacy safeguarding measures. The testimony also addresses problems that result from failures to protect privacy, from Internet fraud to identity theft. The testimony is linked below.
Updated page May 13, 2004 usdoj-crm/mis/ese