Vol 7 No 1 - Roger Williams University School of Law

data attributable to the target suspect of the electronicsurveillance. Carnivore functions by copying all electronic datarelating to a target individual that is sent through a particularISP’s network. When intercepting and copying such data,Carnivore can employ an “Internet pen register function” or an“Internet wiretapping function.”92 The constitutional issuepresented is whether either of these functions present the risk ofcreating a general warrant search of the target individual’scommunications.Internet Pen Register FunctionCarnivore’s pen register function operates by copying andstoring only authorized source and destination data, otherwisetermed addressing information.93 This information, such as “to”and “from” electronic mail addressing material, is expresslydescribed in a court order, and the FBI must store only suchspecified information.94 All other copied data must be purged.95As with communications relating to persons not named in acourt order, there are certain situations where Carnivore mayenter the body of a transmission pertaining to a named suspect tofacilitate the search for URL information. Privacy groups andothers are concerned that these circumstances transform anotherwise valid court order into a general warrant because theFBI can now search practically all of the communications sent toor from the suspect.96 This is an important function when oneconsiders the extremely low standards for acquiring courtauthorization to intercept source and destination information forelectronic communications.97 The standard, analogous to that of asubpoena or telephone pen register, holds that a judge mustapprove practically any surveillance request that can reasonablybe expected to produce evidence relevant to an ongoing criminalinvestigation.98 However, to obtain authorization to intercept the92. See Carnivore’s Challenge, supra note 6.93. See Hearings 2, supra note 22.94. Id.95. Id.96. See Donna Howell, Security & Privacy Studies Set to Flesh Out FBI’sCarnivore, Investor’s Bus. Daily, Aug. 28, 2000, at 8.97. See 18 U.S.C. §§ 3122-23 (1994).98. See id.