The Carnivore system monitors ISP traffic in order to intercept information on criminal suspects. A court order is officially needed before the FBI can use Carnivore on an individual. However, the system can reportedly scan millions of e-mails each second and some have suggested that it is capable of providing the FBI with the ability to intercept all of an ISP's customers' digital communications. Questions were raised in Congress, in the media and among privacy groups concerning the legality of Carnivore and its potential for abuse. The US Attorney General requested the Justice Department’s investigation.
A 121 page draft report has been released by the Justice Department based on tests carried out by an independent group of experts. The report observes that Carnivore does not include adequate provisions to check that FBI agents do not abuse the system. Use of the system produces no audit trail meaning that the FBI can monitor anybody’s web traffic without leaving any trace of having done so. Notwithstanding this apparent lack of accountability, the report concludes that the FBI should continue to use Carnivore.
The review panel dismissed allegations that Carnivore could monitor all traffic because it “does not have nearly enough power.”