Congressman Zach Wamp, Third District of Tennessee, Link to Home Page
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Say No To Government Internet Snooping
 

August 17, 2000

We live in an amazing world today. Not since the industrial revolution has society experienced such dramatic changes in technological advancements. Vast amounts of knowledge on all kinds of subjects are only a mouse click away. People can browse the Library of Congress for information, plan a vacation, and even obtain a mortgage on-line.

 

 A person living in Soddy Daisy or Wartburg, Tenn., can now send and receive messages at lightning speed to almost any destination on the planet. E-mail enables family and friends to maintain strong relationships without spending hard earned dollars on costly phone bills. Truly, we live in a remarkable age.

 

Although I embrace these innovations, it is important that we never lose sight of the solid foundations that make this country strong. A basic part of the Constitution is the Fourth Amendment right to privacy. This means that both the government and large corporations must respect an individual's right to be free from unlawful intrusion. But both of these forces are casting a dark shadow over this cherished principle.

 

On July 25, the House Judiciary Subcommittee on the Constitution questioned FBI Assistant Director Donald M. Kerr about the agency's new wire tapping system known as Carnivore. Carnivore gives the FBI the power to monitor and read private e-mails from virtually any on-line user. Last year, FBI agents approached Internet software companies requesting that they implement a program designed to improve Carnivore's effectiveness in wire tapping.

 

Mr. Kerr tried to reassure the Committee about privacy concerns by saying that Carnivore eavesdrops only on "suspected terrorists, computer hackers, and other persons engaged in criminal activity." To safeguard abuse, the FBI claims a judicial court order is required before tapping into a personal system.

 

Despite all assurances of judicial oversight, this issue needs careful scrutiny from Congress. The potential threat of abuse from this system is overwhelming. Carnivore has the capability of reading personal e-mails without being detected from outside sources. This raises the question of how will we know when the FBI uses Carnivore without obtaining a court order- In response to this concern, Assistant Director Donald Kerr simply stated, "Just trust us."

 

Another area of concern is the rising use of medical records placed on the Internet. To increase efficiency and lower costs, insurance companies use on-line services to exchange health care information. To protect privacy, the Secretary of Health and Human Services proposed a 1999 regulation known as the Health Insurance Portability and Accountability Act (HIPAA.) This regulation prohibits Health plans and Health care providers from releasing private information without patient consent.

 

Disturbingly, the regulation does not directly apply to life insurers or researchers or other groups collecting health information. This means that private medical information could be accessed from an outside source without the patient's approval. I find this extremely troubling.

 

Outside influences have no business prying into personal e-mails or individual medical records. While I support efforts to halt fraud, pornography, and terrorism on the Internet, we must not do so at the expense of a constitutionally protected right. If health care providers can lower costs for Americans through the use of internet technology, I support it wholeheartedly. We must; however, move cautiously before our lives become so intertwined in this new technology that we lose an important freedom. Congress must harnesses this power responsibly before it chips away at cherished principles of privacy.

 

I am confident that the information age will usher in bright new horizons, but am committed to protecting the sanctity of Fourth Amendment rights. Unlawful intrusion into the private affairs of citizens, whether it be by the government or any other organization, has no place in our democracy.

 

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