wiretaps

What the Manual by DOJ’s Top Intelligence Lawyer Says About the FISA Amendments Act

To a casual observer, debates about national security spying can seem like a hopeless game of he-said/she-said. Government officials and congressional surveillance hawks characterize the authorities provided by measures like the FISA Amendments Act of 2008 in one way, while paranoid civil libertarians like me tell a more unsettling story. Who can say who’s right?

Revise the Maryland Wiretap Law?

As I said in this piece in the Baltimore Sun, Maryland police officers are misusing that state’s wiretap law to deter anyone who would film them performing their duties. Maryland officers have asserted that any audio recording of a conversation, even in a public place, is a violation of the state’s wiretapping law and a felony punishable by five years in prison and a $10,000 fine.

A Chance to Fix the PATRIOT Act?

As Tim Lynch noted earlier this week, Barack Obama’s justice department has come out in favor of renewing three controversial PATRIOT Act provisions—on face another in a train of disappointments for anyone who’d hoped some of those broad executive branch surveillance powers might depart with the Bush administration.

DoJ Fails to Report Electronic Surveillance Activities

Unlike with wiretaps, law enforcement agents are not required by federal statutes to obtain search warrants before employing pen registers or trap and trace devices. These devices record non-content information regarding telephone calls and Internet communications. (Of course, “non-content information” has quite a bit of content - who is talking to whom, how often, and for how long.)

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