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IP: Secret Courts Approve More Wiretapping





From: [email protected]
Subject: IP: Secret Courts Approve More Wiretapping
Date: Wed, 30 Sep 1998 10:50:51 -0500
To: [email protected]

Source:  Excerpted from:
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From: "John C. Goodman- National Center for Policy Analysis" <[email protected]>

National Center for Policy Analysis
DAILY POLICY DIGEST
Wednesday, September 30, 1998

<snip>

SECRET COURTS APPROVE MORE WIRETAPPING

Judges in secret federal courts are authorizing unprecedented 
numbers of wiretaps and clandestine searches, according to U.S. 
Department of Justice records.  The courts were authorized by the 
1978 Foreign Intelligence Surveillance Act (FISA).

   o   During the last three years, an annual average of 760 
       wiretaps and searches were carried out -- a 38 percent 
       increase from the 550 a year average for 1990 to 1994.

   o   Since 1995, FISA courts also have authorized searches of 
       the homes, cars, computers and other property of suspected 
       spies.

   o   In all, the courts have approved 11,950 applications and 
       turned down one request.

Proponents argue the surveillance reflects a stepped-up federal 
response to increased terrorist activity on American soil.  But 
opponents contend that the process endangers the very liberties 
it seeks to protect.  "There's a growing addiction to the use of 
secret courts as an alternative to more conventional 
investigative means," points out Jonathan Turley, a law professor 
at George Washington University.

The law requires the Justice Department -- and usually the FBI or 
the National Security Agency -- to show the judge that the target 
is a foreign government or agent engaging in "clandestine 
intelligence gathering activities" or terrorism.

Source: Richard Willing, "With Secret Courts' OK, Wiretapping on 
the Rise," and "Secrecy Might Be Weak Link in Taps of Suspected 
Spies," both USA Today, September 30, 1998. 

For more on Terrorism http://www.ncpa.org/pi/congress/cong9.html

****************************************************************************
                    NATIONAL CENTER FOR POLICY ANALYSIS
                               DALLAS, TEXAS

                      "Making Ideas Change the World"

                             Internet Address:
                            http://www.ncpa.org
****************************************************************************


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