IP: RE: Senate votes to permit warrantless Net-wiretaps, Carn ivore us e

Baker, Stewart SBaker at steptoe.com
Fri Sep 14 17:13:31 PDT 2001


Declan,

I ignored the first two points because I don't think they're that important.
These "warrantless searches" are emergency orders that have to be followed
by a court order in 48 hours.  Sometimes courts are closed and the cops need
data right away.  Tuesday evening would be a good example.  This is not some
out-of-control police authority.

The people who can ask for emergency orders have to be designated by one of
several officials at Main Justice.  That's to make sure someone responsible
ends up with the authority to declare an emergency.  So an assistant US
attorney could be designated by Main Justice in each district right now.
What's the big deal with letting the US Attorney for the district do the
designating instead of Main Justice? Seems to me that the US Attorney
probably knows more about staff changeovers than Main Justice, so it makes
sense for the US Attorney to do the designating locally.

Stewart

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