Here's some articles about it. All of our ISP's are being forced to do this and it's been going on since 1999. I give credit to EarthLink for continually trying to fight it. I'm a subscriber and have been happy with them. Even though they offshored their tech help, I've felt they have been working to stop Spyware and Spam and I prefer them to AOL who bombards users with ads and useless crap.
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http://216.239.51.104/search?q=cache:qtt8PunvlAsJ:www.net4tv.com/voice/Story.cfm%3FstoryID%3D2607+EarthLink+fights+government%27s+CARNIVORE+program&hl=enEarthLink lost its challenge to the FBI. At 4.2 million subscribers, EarthLink is the number three ISP in the US (behind AOL and MSN). EarthLink was concerned that the FBI would have broad access to all of their users' email and Internet traffic. They lost their case when a federal magistrate ruled against them earlier this year. Subsequently, the Carnivore system caused network outages on EarthLink's system, forcing the FBI and EarthLink to settle on an alternate system of investigation on that network. On Friday, the FBI agreed not to use the Carnivore on EarthLink. In exchange, EarthLink agreed to install snooping software on their network and to provide the FBI with the information they request as part of a court order. EarthLink will be allowed to maintain the integrity of its network.
The House Judiciary Constitution Subcommittee is expected to hold hearings on Carnivore on July 24, 2000.Further Reading:
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Commentary--Robert Corn-Revere clearly remembers the day he became the first person to tell the world about the FBI surveillance system once known as Carnivore.
In late 1999, Corn-Revere, a partner at the Davis Wright Tremaine law firm, had been fighting on EarthLink's behalf to keep a government surveillance device off the company's network. A short while later, though, a federal magistrate judge sided with the FBI against the Atlanta-based Internet provider.Worried about the privacy impact, Corn-Revere revealed the existence of Carnivore in testimony before a House of Representatives subcommittee on April 6, 2000. "They were using a technology called Etherpeek, which was off the shelf," Corn-Revere told me last Friday. "When we challenged it, they said, 'We're not using that. That would be wrong. We have our own software developed. It's called Carnivore.'" (Etherpeek is a Windows surveillance utility from WildPackets that can decode protocols used with e-mail, Web browsing and instant messaging.)
Now history is repeating itself. A flurry of press reports this month noted that the FBI has ceased using Carnivore, which had been renamed DCS1000. But not all of them mentioned that the government is hardly calling a halt to Internet wiretaps--instead, it's simply buying its surveillance tools from private companies again.
A review of the government's self-reported wiretap statistics from 2000 to 2003, the most recent data available, shows that the total number of "electronic" wiretaps has stayed between 4 percent and 8 percent of all reported wiretaps each year. (In 2003, for instance, there were 1,442 reported non-terrorism wiretaps in total that intercepted 4.3 million communications or conversations.)