The Process

Now that you know a bit about what Carnivore is, let's take a look at how it works:
1. The FBI has a reasonable suspicion that someone is engaged in criminal activities and requests a court order to view the suspect's online activity.
2. A court grants the request for a full content-wiretap of e-mail traffic only and issues an order. A term used in telephone surveillance, "content-wiretap" means that everything in the packet can be captured and used. The other type of wiretap is a trap-and-trace, which means that the FBI can only capture the destination information, such as the e-mail account of a message being sent out or the Web-site address that the suspect is visiting. A reverse form of trap-and-trace, called pen-register, tracks where e-mail to the suspect is coming from or where visits to a suspect's Web site originate.
3. The FBI contacts the suspect's ISP and requests a copy of the back-up files of the suspect's activity.
4. The ISP does not maintain customer-activity data as part of its back-up.
5. The FBI sets up a Carnivore computer at the ISP to monitor the suspect's activity. The computer consists of: A Pentium III Windows NT/2000 system with 128 megabytes (MB) of RAM A commercial communications software application A custom C++ application that works in conjunction with the commercial program above to provide the packet sniffing and filtering A type of physical lockout system that requires a special passcode to access the computer (This keeps anyone but the FBI from physically accessing the Carnivore system.) A network isolation device that makes the Carnivore system invisible to anything else on the network (This prevents anyone from hacking into the system from another computer.) A 2-gigabyte (GB) Iomega Jaz drive for storing the captured data (The Jaz drive uses 2-GB removable cartridges that can be swapped out as easily as a floppy disk.) 6. The FBI configures the Carnivore software with the IP address of the suspect so that Carnivore will only capture packets from this particular location. It ignores all other packets.
7. Carnivore copies all of the packets from the suspect's system without impeding the flow of the network traffic.
8. Once the copies are made, they go through a filter that only keeps the e-mail packets. The program determines what the packets contain based on the protocol of the packet. For example, all e-mail packets use the Simple Mail Transfer Protocol (SMTP).
9. The e-mail packets are saved to the Jaz cartridge. 10. Once every day or two, an FBI agent visits the ISP and swaps out the Jaz cartridge. The agent takes the retrieved cartridge and puts it in a container that is dated and sealed. If the seal is broken, the person breaking it must sign, date and reseal it -- otherwise, the cartridge can be considered "compromised."
11. The surveillance cannot continue for more than a month without an extension from the court. Once complete, the FBI removes the system from the ISP.
12. The captured data is processed using Packeteer and Coolminer.
13. If the results provide enough evidence, the FBI can use them as part of a case against the suspect. The example above shows how the system identifies which packets to store. Prey of the Carnivore The FBI plans to use Carnivore for specific reasons. Particularly, the agency will request a court order to use Carnivore when a person is suspected of:
• Terrorism
• Child pornography/exploitation
• Espionage
• Information warfare
• Fraud There are some key issues that are causing a great deal of concern from various sources:
• Privacy - Many folks think that Carnivore is a severe violation of privacy. While the potential for abuse is certainly there, the Electronic Communications Privacy Act (ECPA) provides legal protection of privacy for all types of electronic communication. Any type of electronics surveillance requires a court order and must show probable cause that the suspect is engaged in criminal activities. Therefore, use of Carnivore in any way that does not adhere to ECPA is illegal and can be considered unconstitutional.
• Regulation - There is a widespread belief that Carnivore is a huge system that can allow the U.S. government to seize control of the Internet and regulate its use. To do this would require an amazing infrastructure -- the FBI would need to place Carnivore systems at every ISP, including private, commercial and educational. While it is theoretically possible to do so for all of the ISPs operating in the United States, there is still no way to regulate those operating outside of U.S. jurisdiction. Any such move would also face serious opposition from every direction.
• Free speech - Some people think that Carnivore monitors all of the content flowing through an ISP, looking for certain keywords such as "bomb" or "assassination." Any packet sniffer can be set to look for certain patterns of characters or data. Without probable cause, though, the FBI has no justification to monitor your online activity and would be in severe violation of ECPA and your constitutional right to free speech if it did so.
• Echelon - This is a secret network rumored to be under development by the National Security Agency (NSA), supposedly designed to detect and capture packets crossing international borders that contain certain keywords, such as "bomb" or "assassination." There is no solid evidence to support the existence of Echelon. Many people have confused this rumored system with the very real Carnivore system. All of these concerns have made implementation of Carnivore an uphill battle for the FBI. The FBI has refused to disclose the source code and certain other pieces of technical information about Carnivore, which has only added to people's concerns. But, as long as it is used within the constraints and guidelines of ECPA, Carnivore has the potential to be a useful weapon in the war on crime.