Hacking in The Fourth Estate

The recent newsbreaks where Gary McKinnon, a British resident, hacked into hundreds of government and military computer systems have once more begun to raise the issue flags over Internet rights and permissions. Do we have an inalienable right to go anywhere that is accessible over the Internet? Is hacking really trespassing? Is it an adventure provided by ease of accessibility over the Internet? If there are no warnings and thresholds to cross that alert us "not to trespass," is hacking really an illegal activity?

Internet security measures are continuously being revamped again and again since 9|11 occurred. These enhancements were initially proactive, but they do involve a series of levels of significance that become more and more intensified. Computer Crimes and Intellectual Property Section (CCIPS) responsible for searching and seizing computers and related electronic evidence issues addresses The Fourth Amendment and the Internet. The US Patriot Act and the Law Enforcement Act Electronic surveillance are one of the most valuable tools in law enforcement's crime fighting arsenal. In many instances, criminal activity has been either thwarted, or, if crimes have been committed, the criminals have been apprehended as a result of lawfully-authorized electronic surveillance, however, these "Acts" are presented in stair-step fashion where they do intensify over time.

Again, as a patriot living in the United States of America I do not advocate abstention to the "government." In fact, whenever I hear anyone purport "oh, it's the government doing this or that," I can only think what mindless babble. The government is such a complex and comprehensive entity; comprised of so many agencies, organizations, etc. to compile any of these divisions and the work they perform into a concept of "oneism" is absurd. So much of the government is unaware of even their sister organizations. Units within units that are performing tasks they are ascribed to without the knowledge and/or understanding of what the others are doing. To believe a "mastermind" is in effect as the "government" is difficult to swallow, albeit we do have to as Fourth Estate Guardians (FEGs) continue to remain apprised of the new electronic and intellectual property laws so that there are no inadvertent losses of freedom within the Internet or off the Internet.

An example of the new Internet security measures is Carnivore which is an investigative tool used online under narrowly defined circumstances when authorized by law to meet governmental responsibilities to the public. A drug dealer may be likely to send e-mails to call his confederates. When law enforcement uses a "trap and trace" or "pen register" in the online context, however, they find that the Internet service provider is unable or unwilling to supply the requested information. Law enforcement cannot abdicate its responsibility to protect public safety simply because technology has changed. The public expects that law enforcement will continue to be effective as criminal activity migrates to the Internet. They do this with tools like Carnivore.

We have seen illegal search and seizures throughout history in real-time physical experience. What is to say that devices like Carnivore won't be eventually employed in a similar fashion? It is a thought provoking question and one that requires further scrutiny.

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