[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
[FYI] (Fwd) House Passes Roving Wiretaps / Big Brother in Amerik
- To: debate@fitug.de
- Subject: [FYI] (Fwd) House Passes Roving Wiretaps / Big Brother in Amerik
- From: Horns@t-online.de (Axel H. Horns)
- Date: Thu, 8 Oct 1998 18:12:53 +0100
- Comment: This message comes from the debate mailing list.
- Organization: Private Site
- Priority: normal
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
------- Forwarded Message Follows -------
To: gnu@toad.com, cryptography@c2.net
Subject: House Passes Roving Wiretaps
Date: Wed, 07 Oct 1998 19:33:17 -0700
From: John Gilmore <gnu@toad.com>
http://www.cdt.org/legislation/calea/roving.html
House Passes Roving Wiretaps, Expanding
Federal Surveillance Powers
October 7, 1998
In a closed-door manuever, controversial "roving wiretap"
provisions have been added to a major Intelligence authorization
bill and passed by the House. Current wiretapping law allows
tapping of a particular person's phones. The new provisions would
dramatically expand current authority by allowing taps on any
phone used by, or "proximate" to, the person being tapped -- no
matter whose phone it is. Such a broad law invites abuse.
In the last Congress, the full House of Representatives rejected
these provisions after an open and vigorous debate. This week,
behind closed doors, a conference committee added the provisions
to the important Intelligence Authorization Conference Report,
almost certain to pass the Congress. The provisions were not in
either the original House or Senate versions of the bill. CDT is
particularly concerned that such an expansion of federal
authority should take place without a public debate.
------------------
"Roving Wiretaps" Language added to H.R. 3694, the Intelligence
Authorization Conference Report.
SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION
REQUIREMENTS.
(a) In General.--Section 2518(11)(b) of title 18, United
States Code, is amended--
(1) in clause (ii), by striking ``of a purpose'' and
all that follows through the end of such clause and
inserting ``that there is probable cause to believe
that the person's actions could have the effect of
thwarting interception from a specified facility;'';
(2) in clause (iii), by striking ``such purpose'' and
all that follows through the end of such clause and
inserting ``such showing has been adequately made;
and''; and
(3) by adding at the end the following clause:
``(iv) the order authorizing or approving the
interception is limited to interception only for such
time as it is reasonable to presume that the person
identified in the application is or was reasonably
proximate to the instrument through which such
communication will be or was transmitted.''.
(b) Conforming Amendments.--Section 2518(12) of title 18,
United States Code, is amended--
(1) by inserting ``(a)'' after ``by reason of
subsection (11)'';
(2) by striking ``the facilities from which, or''; and
(3) by striking the comma following ``where''.
----------------------------------------------------------------------
The Center For Democracy And Technology
1634 Eye Street NW, Suite 1100
Washington, DC 20006
(v) +1.202.637.9800 (f) +1.202.637.0968
info@cdt.org
For more information, write webmaster@cdt.org