In the late 19th century, many began to see the rise of monopolistic telegraph operators as more of a threat than the government. Against this potential eavesdropper, the Bill of Rights provided no protection.
wiretap
Stepping stone to Internet privacy: the telegraph
There have been four pivotal technologies that have forced modern American law and society to re-examine its notions of privacy and confidentiality.
Should police need probable cause to request mobile-phone location data?
There are currently no firm standards on the kinds of Fourth Amendment protections that should apply to cell phone tracking data. This is becoming an issue as GPS and other tracking technologies have been added to cell phone to satisfy E911 requirements, and as police agencies have discovered the potential benefits of mobile-phone location data.
EFF's warrantless wiretapping case dismissed
A federal judge has dismissed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T customers challenging the National Security Agency’s mass surveillance of millions of ordinary Americans’ phone calls and emails.
FBI "technically violated" wiretap laws for years
FBI general counsel Valerie Caproni said in an interview Monday that the FBI technically violated the Electronic Communications Privacy Act when agents invoked nonexistent emergencies to collect records.
Domestic Wiretaps Down in 2008 (including FISA)
Image via Wikipedia Domestic wiretaps have dropped by 14 percent from 2007 to 2008. FISA wiretaps are down as well, although the reasons are unclear. Pursuant to the Omnibus Crime Control and Safe Streets Act of 1968, the Administrative Office … Continued
Canada judge rules emergency wiretap law unconstitutional
JURIST – Paper Chase: Canada judge rules emergency wiretap law unconstitutional: British Columbia Supreme Court Justice Barry Davies has ruled that Section 184.4 of the Canadian Criminal Code, which allows law enforcement officers to electronically intercept private communications in ‘exceptional … Continued
High Court Says No to Wiretapping, Yes to Exclusionary Rule
WSJ.com – High Court Says No to Wiretapping, Yes to Exclusionary Rule: Yesterday, the Supreme Court granted cert in a case that, commentators say, gives them an opporunity to carve out more exceptions to the “exclusionary rule,” a criminal procedure … Continued
To bug or not to bug?
Times Online – To bug or not to bug?: Fury and outrage – but not surprise – were the emotions expressed by most criminal lawyers this week to the disclosure in The Times that a solicitor’s conversation with his client, … Continued
FBI Wiretaps Dropped Due to Unpaid Bills
Newsvine – FBI Wiretaps Dropped Due to Unpaid Bills: Telephone companies have cut off FBI wiretaps used to eavesdrop on suspected criminals because of the bureau’s repeated failures to pay phone bills on time. Do you feel safe yet? This … Continued
Cheney's Law
PBS FRONTLINE – Cheney’s Law: For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a … Continued
Comcast Charges $1K for a FISA Wiretap
Secrecy News – Implementing Domestic Intelligence Surveillance: Upon lawful request and for a thousand dollars, Comcast, one of the nation’s leading telecommunications companies, will intercept its customers’ communications under the Foreign Intelligence Surveillance Act. The cost for performing any FISA … Continued
FCC Considers New Technology Mandates, Threatening Innovation and Privacy
CDT – FCC Considers New Technology Mandates, Threatening Innovation and Privacy: The Federal Communications Commission (FCC) is actively considering whether to adopt technology mandates that have the potential to significantly harm innovation and privacy on the Internet. Two ongoing proceedings—one … Continued
ACLU appeals domestic wiretap challenge to US Supreme Court
JURIST – ACLU appeals domestic wiretap challenge to US Supreme Court: The American Civil Liberties Union (ACLU) filed a certiorari petition Wednesday asking the US Supreme Court to hear a challenge of the government’s domestic surveillance program that was rejected … Continued
Justice Dept.'s warrantless eavesdropping rejected
Justice Dept.’s warrantless eavesdropping rejected: The U.S. Department of Justice asserts it doesn’t need to obtain a wiretap court order to listen to which touch tones are pressed when people are on the phone. . . . At issue in … Continued
Does the "Other Party" on a Wiretapped Line Have Any Privacy Rights?
So when the government is targeting a person’s communications, what rights does the person calling — or being called — have? What about if the target is overseas and the “other party” is in the United States? This is an … Continued