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IP: House Passes Roving Wiretaps, Expanding Federal Surveillance Powers




From: [email protected]
Subject: IP: House Passes Roving Wiretaps, Expanding Federal Surveillance Powers
Date: Thu, 08 Oct 1998 09:06:44 -0500
To: [email protected]

Source:  Center for Democracy and Technology
http://www.cdt.org/legislation/calea/roving.html

House Passes Roving Wiretaps, Expanding Federal Surveillance Powers 

 October 7, 1998 

In a closed-door manuever, controversial "roving wiretap" provisions have
been added to a major Intelligence authorization bill and passed by the
House. Current wiretapping law allows tapping of a particular person's
phones. The new provisions would dramatically expand current authority by
allowing taps on any phone used by, or "proximate" to, the person being
tapped +IBQ- no matter whose phone it is. Such a broad law invites abuse. 

In the last Congress, the full House of Representatives rejected these
provisions after an open and vigorous debate. This week, behind closed
doors, a conference committee added the provisions to the important
Intelligence Authorization Conference Report, almost certain to pass the
Congress. The provisions were not in either the original House or Senate
versions of the bill. CDT is particularly concerned that such an expansion
of federal authority should take place without a public debate. 


"Roving Wiretaps" Language added to H.R. 3694, the Intelligence
Authorization Conference Report. 

SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION REQUIREMENTS. 

(a) In General.  Section 2518(11)(b) of title 18, United States Code, is
amended - 

(1) in clause (ii), by striking ``of a purpose'' and all that follows
through the end 
of such clause and inserting ``that there is probable cause to believe that
the 
person's actions could have the effect of thwarting interception from a
specified 
facility;''; 

(2) in clause (iii), by striking ``such purpose'' and all that follows
through the end 
of such clause and inserting ``such showing has been adequately made;
and''; and 

(3) by adding at the end the following clause: 

``(iv) the order authorizing or approving the interception is limited to 
interception only for such time as it is reasonable to presume that the
person 
identified in the application is or was reasonably proximate to the
instrument 
through which such communication will be or was transmitted.''. 

(b) Conforming Amendments.Section 2518(12) of title 18, United States Code,
is 
amended - 

(1) by inserting ``(a)'' after ``by reason of subsection (11)''; 

(2) by striking ``the facilities from which, or''; and 

(3) by striking the comma following ``where''. 

 Other CALEA Issues 

The Center For Democracy And Technology 
1634 Eye Street NW, Suite 1100 
 Washington, DC 20006 
 (v) .202.637.9800 (f) .202.637.0968 
[email protected] 
-----------------------
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-----------------------




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