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Legality of Intrusion-Detection System To Protect Unclassified Computers Networks In Executive Branch

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In following this January 9, 2009 memo, Legal Issues Relating to the Testing, Use and Deployment of an Intrusion-Detection System (EINSTEIN 2.0) to Protect Unclassified Computer Networks in the Executive Branch, this DOJ memo released September 18, 2009: Legality of Intrusion-Detection System To Protect Unclassified Computers Networks In Executive Branch – “Operation of the EINSTEIN 2.0 intrusion-detection system complies with the Fourth Amendment to the Constitution, title III of the Omnibus Crime Control and Safe Streets Act of 1968, the Foreign Intelligence Surveillance Act, the Stored Communications Act, and the pen register and trap and trace provisions of chapter 206 of title 18, United States Code, provided that certain log-on banners or computer-user agreements are consistently adopted, implemented, and enforced by executive departments and agencies using the system. Operation of the EINSTEIN 2.0 system also does not run afoul of state wiretapping or communications privacy laws.”

  • Department of Homeland Security Privacy Impact Assessment EINSTEIN 2, May 19, 2008. United States Computer Emergency Readiness Team (US-CERT): “EINSTEIN 2, will incorporate network intrusion detection technology capable of alerting the United States Computer Emergency Readiness Team (US‐CERT) to the presence of malicious or potentially harmful computer network activity in federal executive agencies’ network traffic. EINSTEIN 2 principally relies on commercially available intrusion detection capabilities to increase the situational awareness of the US‐CERT. This network intrusion detection technology uses a set of pre‐defined signatures based upon known malicious network traffic.”
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