Previous message:
http://www.politechbot.com/p-02526.html
Text of the draft "Mobilization Against Terrorism Act", which one
politechnical says is now already out of date:
http://www.wartimeliberty.com/article.pl?sid=01/09/20/0333204
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Date: Tue, 18 Sep 2001 12:44:41 -0400 (EDT)
From: Jack Reed <jr0280_at_albany.edu>
To: Declan McCullagh <declan_at_well.com>
Subject: Re: FC: Transcript of Ashcroft-Mueller 9/17 remarks on wiretap bill
In-Reply-To: <5.0.2.1.0.20010918111419.020a5150_at_mail.well.com>
Declan,
You may have already received this information, but some of the expanded
wiretapping capability that Ashcroft is seeking is already available.
Specifically, the ability to target a person rather than a telephone
number was written into law in ECPA and further modified in 1998. Here's
an excerpt from the 2000 Wiretap Report (p. 9):
Since the enactment of the Electronic Communications Privacy Act of
1986, a specific location need not be cited in a federal application if
the application contains a statement explaining why such specification
is not practical or shows "a purpose, on the part of that person (under
investigation), to thwart interception by changing facilities (see 18
U.S.C. 2518 (11)). In these cass, prosecutors use "roving" wiretaps to
target a specific person rather than a specific telephone location. The
Intelligence Authorization Act of 1999, enacted on October 20, 1998,
amended 18 U.S.C. 2518 (11)(b) so that a specific facility need not be
cited "if there is probable cause to believe that actions by the person
under investigation could have the effect of thwarting interception from
a specified facility."...
For 2000, authorizations for 27 wiretaps indicated approval with a
relaxed specification order under 18 U.S.C. 2518(11).
http://www4.law.cornell.edu/uscode/18/2518.html
Sec. 2518. Procedure for interception of wire, oral, or electronic
communications
Keep up the good work
Jack Reed
--
E-mail: jr0280_at_cnsunix.albany.edu
Voice: (518) 442-5609
FAX: (518) 442-5716
School of Criminal Justice
University at Albany
135 Western Ave.
Albany, NY 12222
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Received on Sep 20 2001
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