No Subject

citizenQ citizenQ at ziplip.com
Fri Sep 14 15:54:02 PDT 2001


Reading the discussion I see that the amendment calls for inclusion of 'terrorist activies' into Title III which allows wiretapping under Court order, not anything about warrantless wiretapping.  I did not perform all the text substitutions of the amemdment itself though.  However in the language of the amendment all references that I read are to activities under court order.  

Please indicate the wider circumstances, particularly the warrantless circumstances, that this amendment allows cybertapping under, for those of us without your time or acumen in editing the existing Title III language.

You also did not quote this:
"One of the most effective investigative tools at the disposal of law 
     enforcement agencies is the ability to go to a Federal judge and get 
     wiretapping authority. It is critical in matters such as this. That is 
     the ability to intercept oral or electronic conversations involving the 
     subject of a criminal investigation. The legislative scheme that 
     provides this authority, and at the same time protects the individual 
     liberties of American citizens to be secure against unwarranted 
     government surveillance, is referred to in the criminal code as Title 
     III. Among the many protections inherent in Title III is that only the 
     investigations of certain criminal offenses, those judged to be 
     sufficiently serious to warrant the use of this potent crime-fighting 
     weapon, are eligible for wiretapping orders. The law lays out a number 
     of crimes deemed by Congress to be serious enough to warrant allowing 
     the FBI to intercept electronic and oral communications.
       Title III currently allows interception of communications in 
     connection with the investigation of such crimes as mail fraud, wire 
     fraud, and the interstate transportation of stolen property.
       Inexplicably, however, the Federal terrorism statutes are not 
     currently included in Title III. I have been complaining about this for 
     a long time and this is the time to correct it."



>>Text of the Hatch-Feinstein "Combating Terrorism Act of 2001":
>http://www.politechbot.com/docs/cta.091401.html
>
>Discussion of the amendment:
>http://www.fas.org/sgp/congress/2001/s091301.html
>
>-Declan
>>
>********
>
>http://www.wired.com/news/politics/0,1283,46852,00.html
>
>    Senate OKs FBI Net Spying
>    By Declan McCullagh (declan at wired.com)
>    12:55 p.m. Sep. 14, 2001 PDT
>
>    WASHINGTON -- FBI agents soon may be able to spy on Internet users
>    legally without a court order.
>
>    On Thursday evening, two days after the worst terrorist attack in U.S.
>>    history, the Senate approved the "Combating Terrorism Act of 2001,"
>    which enhances police wiretap powers and permits monitoring in more
>    situations.
>
>    The measure, proposed by Orrin Hatch (R-Utah) and Dianne Feinstein
>    (D-California), says any U.S. attorney or state attorney general can
>    order the installation of the FBI's Carnivore surveillance system.
>    Previously, there were stiffer restrictions on Carnivore and other
>    Internet surveillance techniques.
>
>    Its bipartisan sponsors argue that such laws are necessary to thwart
>    terrorism. "It is essential that we give our law enforcement
>    authorities every possible tool to search out and bring to justice
>    those individuals who have brought such indiscriminate death into our
>    backyard," Hatch said during the debate on the Senate floor.
>
    [...]





More information about the cypherpunks-legacy mailing list