Maria Cantwell: “similarly, I am concerned that revisions to the laws regarding pen registers and trap and trace devices may have fourth…”

“similarly, I am concerned that revisions to the laws regarding pen registers and trap and trace devices may have fourth amendment implications. Although modified since we received the original language from the Administration, the new language could encourage greater use of technologies such as the FBI's ``Carnivore'' to access information that is protected by the fourth amendment. The failure to properly define the term ``address'' in the e-mail context to exclude information protected by the Fourth Amendment will haunt us for a long time. And I regret this. Although it certainly can be said that new technologies are emerging and the definition may need be flexible, the term ``address'' presently is undefined and new in the context of our Federal criminal statutes. Because of this ambiguity, we may see law enforcement authorities take inconsistent approaches to filtering information pursuant to this new law. There is risk that some will obtain information, such as ``subject line'' information or URL codes, that may otherwise be protected by the fourth amendment. There is certain to be judicial scrutiny of this provision.”