Scarffed data probably an "illegal wiretap"

[mattd]

http://www.usatoday.com/life/cyber/tech/2001/12/27/fbi-snooping.htm
Defense attorneys said the case might have been a "run of the mill 
bookmaking case" except for the surveillance issue. They requested full 
disclosure of the government's operation, claiming Scarfo otherwise would 
not get a fair trial.
Specifically, the attorneys wanted to ensure that e-mail messages were not 
gathered by modem and phone lines, possibly constituting an illegal wiretap.
In his ruling, Politan said the government convinced him at a Sept. 26 
closed meeting that no information was picked up while a modem was on.
Prosecutors were justified in invoking the Classified Information Privacy 
Act to protect national security at stake in the case, he said.
Vincent Scoca, Scarfo's attorney, said he will file to have the ruling 
reconsidered, a first step toward higher appeals.
"This a is a bad precedent for our judicial system. This was a two-bit 
bookmaking operation. There was nothing extraordinary about this case that 
warranted them using the Classified Information Privacy Act," he said. 
"That's a police state and we don't want a police state. Even in these 
times, after Sept. 11, people still don't (want) unwarranted government 
intrusion."
Scoca was not allowed to attend the September meeting.
Assistant U.S. Attorney Ronald Wigler said the judge's access to classified 
information at the meeting was "a safeguard to prevent the government from 
overreaching, as the defense alleges. That's why there are these checks and 
balances."
Scarfo's trial  including evidence gathered from the FBI surveillance  is 
likely get under way in the spring, Wigler said.
Trials good source of intelligence for cypher-terrorists,should be a good 
one.Thanks Uncle Sam.