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WIRETAPPING AND ELECTRONIC COMMUNICATIONS
Description
of issue. The FBI
during the Clinton Administration made several
attempts to strengthen its wiretapping capabilities,
especially of digital telephone communications
and Internet communications. Its "Carnivore" technology
is a "black box" that can be installed in Internet
Service Providers' (ISP) systems to monitor
the e-mail traffic of its subscribers.
In
the wake of the terrorist attacks of September
11, 2001, the USA PATRIOT Act has made it easier
and faster for authorities to obtain telephone
wiretaps as well as access to Internet communications.
Procedural requirements, notably showing probable
cause that a crime had been or was about to be
committed, have been weakened.
Looking
ahead. The checks
and balances provided by the U.S. Constitution
and a host of laws have been weakened considerably
by the USA PATRIOT Act regarding wiretapping
and the interception of e-mail and web-surfing
transactions. The law contains a number of
secrecy clauses which prevent individuals from
reporting ways in which the law is being used.
The sunset provisions, which will enable a
number of its provisions to be evaluated and
possibly overturned, do not apply to the entire
law.
Civil
liberties organizations are using the Freedom of
Information Act (FOIA) to attempt to determine
how the Patriot Act is being implemented by government
authorities, and whether or not abuses are occurring.
In addition, members of Congress who are concerned
about widespread violations of civil liberties
are attempting to monitor the law's implementation.
In light of the secrecy clauses in the law, it
is actions such as these that will be needed to
shine light on whether or not government authorities
have overstepped their bounds.
Read the entire aricle here: http://www.privacyrights.org/ar/Privacy-IssuesList.htm
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