No, the U. S. Secret Service has not created a computer bulletin board nor a network which was offered to members of the public.   We have created an undercover bulletin board which was offered to a select number of individuals who had demonstrated an interest in conducting criminal activities. This was done with the guidance of the U.S. Attorney's  office and was consistent with the Electronic Communications Privacy Act. Question 5: Has the Secret Service ever collected, reviewed or "downloaded" transmissions or information from any computer network or bulletin board?  What procedures does the Secret Service have for obtaining information from computer bulletin boards or networks?  Please list the occasions where information has been obtained since January 1988, including the identity of the bulletin boards or networks,  the type of information obtained,   and how that information was obtained (was it downloaded, for example). Response: Yes, during the course of several investigations, the U. S. Secret Service has "down loaded" information from computer bulletin boards.  A review of information gained in this manner (in an undercover capacity after being granted access to the system by it's system administrator)  is performed in order to determine whether or not that bulletin board is being used to traffic in unauthorized access codes or to gather other information of a criminal intelligence nature.  At all times, our methods are in keeping with the procedures as outlined in the Electronic Communications Privacy Act (ECPA). If a commercial network was suspected of containing information concerning a criminal activity, we would obtain the proper court order to obtain this information in keeping with the ECPA. The U. S. Secret Service does not maintain a record  of the bulletin boards we have accessed. Question 6: Does the Secret Service employ, or is it considering employing, any system or program that could automatically review the contents of a computer file, scan the file for key items, phrases or data elements, and flag them or recommend further investigative action?  If so, what is the status of any such system.  Please describe this system and research being conducted to develop it. Response: The Secret  Service has pioneered the concept of a Computer Diagnostic Center (CDC)  to facilitate the review and evaluation of electronically stored information.  To streamline the tedious task of reviewing thousands of files per investigation, we have gathered both hardware and software tools to assist our search of files for specific information or characteristics.  Almost all of these products are commercially  developed products and are available to the public.  It is conceivable that an artificial intelligence process may someday be developed and have application to this law enforcement function but we are unaware if such a system is being developed. The process of evaluating the information and making recommendations for further investigative action is currently a manual one at our CDC.  We process thousands of computer disks annually as well as review evidence contained in other types of storage devices (tapes, hard drives, etc.).   We are constantly seeking  ways to enhance our investigative mission. The development of high tech resources like the CDC saved investigative manhours and assist in the detection  of criminal activity. Again, thank you for your interest.  Should you have any further questions, we will be happy to address them.                                                 Sincerely,                                                 /s/                                                 John R.  Simpson, Director cc: Honorable Charles E.  Schumer ============================================================================= For those of you who have considered submitting an FOIA information request, Marc submits the following cautionary tale: 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           ---------------------------------------    [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 collecf 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 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 anyoe 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 er 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 unr 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 exed 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 as 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 ae 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 receivea response within ten working days.                                                 Sincerely yours,                                                 Marc Rotenberg, Director                                                 Washington Offfice,                                                 Computer Professionals                                                 for Social Responsibility              *************************************** [CPSR letter to Congressman Don Edwards regarding FOIA request]                                                         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 that CPSR has pursued since August of last year.  We asked the FBI for information about the monitoring of computer networks and bulletin boards.  We initiated this request because of the obvious civil liberties interests -- speech, associational, and privacy -- that would be endangered if the FBI's examination of the contents of computer systems failed to satisfy appropriate procedural safeguards.         After six months of delay, five certified letters to the Bureau's FOIA/Privacy Act office, and many phone calls with the FBI's FOIA officers, we have not received even a partial response to our request.         On September 20, 1989 a FOIA officer at the FBI assured us that information would be forthcoming "in a couple of weeks."  A letter from the FBI FOIA/PA office on December 22 indicated that information responsive to our request "has been located and will be assigned for processing soon."  But when I spoke with a FBI FOIA Officer on February 15, less than two weeks ago, I was told that they "haven't even started" to process the request and that the FBI couldn't say when we would receive a response.  (Please see enclosed chronology and attachments).         The need for this information is truly urgent.  Further delay will constitute a denial.  Congress is now considering several computer crime bills, such as H.R. 55 and H.R. 287, that could broaden the authority of federal agents to examine the contents of computer systems across the country.  There is a good chance that a bill will pass before the end of this session.         Before opening the door to new forms of criminal investigation, Congress and the public should have a complete picture of the FBI's current practices.  Computer communications are particularly vulnerable to surveillance and routine monitoring. Computer mail unrelated to a particularized investigation could be swept up in the government's electronic dragnet if the law is not carefully tailored to a well defined purpose.  Without a clear understanding of the civil liberties problems associated with the investigation of computer crime, Congress may be exacerbating a problem it does not yet fully know about.         CPSR's Freedom of Information Act request could provide answers to these questions.  The FOIA establishes a presumption that the activities of government should be open to public review