Subject: [NEXTEL-1] Government scores wiretap victory

From: Marcel <[email-masked]>
Date: Wed, 20 Nov 2002 00:03:42 -0500

http://www.rcrnews.com/cgi-bin/news.pl?newsId=5958&print=Y

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ 

Close Window

Government scores wiretap victory

November 18 18:24:00, 2002

WASHINGTON-A secret federal appeals court today handed Attorney General John Ascroft a big victory, ruling the U.S. government has significant leeway in using wiretaps on suspected spies and terrorists under the USA Patriot Act.

In May, the U.S. Foreign Intelligence Surveillance Court said the government's interpretation of new electronic eavesdropping authority was overly broad. The Bush administration swiftly challenged the ruling. Civil libertarians argued wiretap powers granted by the Patriot Act violate Fourth Amendment protections against unreasonable search and seizure.

Critics also claimed the government cannot use evidence in criminal cases that is obtained from wiretaps governed by the Foreign Intelligence Surveillance Act. FISA wiretaps are easier to obtain than those sought in criminal investigations.

In its 56-page decision, the three-judge review panel deferred to the president, though acknowledging the constitutional legality of terrorist wiretaps is not rock solid.

"Our case may well involve the most serious threat our country faces. Even without taking into account the President's inherent constitutional authority to conduct warrantless foreign surveillance, we think the procedures and government showings required under FISA, if they do not meet the minimum Fourth Amendment warrant standards, certainly come close," the judges stated.

Even before the Sept. 11, 2001, terrorist attacks against the United States wireless wiretaps were on the rise. The trend is expected to continue well into the future.

Entire

contents © Crain Communications, Inc.

Use of editorial content without permission is strictly prohibited. All rights

Reserved