Us legislation authorizing wiretapping
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The document summarizes the history of US legislation authorizing wiretapping and electronic surveillance. It discusses that wiretapping was originally a felony but was ruled legal by the Supreme Court in 1928. The Omnibus Crime Control and Safe Streets Act of 1968, also known as the Wiretap Act, prohibited unauthorized wiretapping but established procedures for law enforcement to obtain warrants. The Electronic Communications Privacy Act of 1986 extended these protections to electronic communications. The USA PATRIOT Act, passed after 9/11, expanded the surveillance capabilities of law enforcement and intelligence agencies.
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The Patriot Act was passed 45 days after 9/11 to make it easier for the government to spy on Americans. It allowed increased monitoring of communications and searches without warrants. Many felt it went too far and threatened civil liberties by making innocent Americans suspects. The act allowed national security letters without court approval and "sneak and peek" searches of homes without occupants' knowledge. While intended to catch terrorists, some felt it went against the Constitution and undermined privacy protections.From Breaking Down Doors to Building Back Doors
From Breaking Down Doors to Building Back DoorsJack Pringle
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The document discusses the legal and privacy implications of the FBI's attempt to access an encrypted iPhone in the San Bernardino case, highlighting the tension between privacy rights and law enforcement needs. It examines the historical and legal context of the All Writs Act and the Fourth Amendment, as well as past Supreme Court rulings that have shaped the surveillance laws in relation to new technologies. The dismissal of the FBI's request leaves unresolved questions about the balance between encryption technology and law enforcement's ability to investigate crimes.Final presentation rev 1 - USA Patriot Act
Final presentation rev 1 - USA Patriot Actgbsmith5
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The USA PATRIOT Act was passed 45 days after 9/11 to enhance domestic security and increase surveillance powers. It impacted laws around intelligence gathering, immigration, and more. While proponents argued it granted needed powers to fight terrorism, critics said it infringed on civil liberties. There have been ongoing legal challenges around its scope and application. As time has passed, there are calls to reevaluate the act and ensure powers are not abused.Poliy Debate topic analysis 15 16-bg
Poliy Debate topic analysis 15 16-bgBryan Gaston
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This document provides an overview of the policy debate topic on domestic surveillance in the United States. It begins with definitions of key terms in the resolution and provides a historical background of domestic surveillance laws and programs from the 1791 Bill of Rights to the 2015 USA Freedom Act. The document then outlines potential affirmative advantages and harms of curtailing domestic surveillance, as well as example plans and cases the affirmative could run. It concludes by discussing negative disadvantages, counterplans, and critical approaches the negative could take in the debate.Fourth Amendment as a Service - Workshop - 2-21-17
Fourth Amendment as a Service - Workshop - 2-21-17FourthAsAService
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The document outlines a workshop focused on privacy in the digital age, emphasizing individuals' rights to privacy, secure communications, and the importance of configuring privacy tools. It introduces the presenters, all of whom are advocates in the field of security and privacy, while providing a schedule and topics that will be discussed during the workshop. Legal disclaimers highlight that the content does not constitute legal advice and encourages participants to consult legal professionals.Virtru: Trends in Federal Surveillance Law Q2 2014
Virtru: Trends in Federal Surveillance Law Q2 2014virtruprivacy
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Virtru is monitoring surveillance law trends to prepare for potential impacts, particularly concerning encryption keys and metadata collection, despite limited changes in the last year. The document discusses legal interpretations of data, challenges faced by U.S. technology companies regarding privacy, and the ongoing reform efforts in surveillance law. Additionally, it highlights Virtru's commitment to transparency and its intention to continue publishing reports on their compliance and legal framework.Ad
Us legislation authorizing wiretapping
- 1. US Legislation Authorizing Wiretapping Angela Strudwick Concordia University EDCI588
- 2. Wiretapping was declared a felony in the state of New York from 1892, when the telephone was still a novelty. In 1928 the Supreme Court ruled in Olmstead v.United States that wiretapping was not a violation of the Fourth Amendment .
- 4. Title III of the Omnibus Crime Control and Safe Streets Act (1968). The Wiretap Act. prohibits the unauthorized, nonconsensual interception of "wire, or oral communications" by government agencies as well as private parties,* establishes procedures for obtaining warrants to authorize wiretapping by government officials, and regulates the disclosure and use of authorized intercepted communications by investigative and law enforcement officers. (Dept. of Justice. 2013).
- 5. . Electronic Communications Privacy Act 1986 The ECPA has three Titles: 1. Title I is an extension of the Wiretap Act. It prohibits the interception of electronic messages or any material that is stored electronically, except by a law enforcement agency with a warrant, and restricts the use of any evidence collected this way to the arrest and trial of persons believed to have committed certain specified types of crimes. 2. Title II, the Stored Communications Act, protects the privacy of communications stored with service providers (emails) and the personal details of subscribers stored by the providers. 3. Title III, prohibits the use of pen registers or trap and trace devices without a court order.
- 7. The USA PATRIOT Act The Patriot Act was enacted by Congress shortly after the terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001. The law provided law enforcement agencies with the authority to: Use advanced electronic surveillance strategies, including roving wiretaps for surveillance when following suspects in any part of the world who were thought to be a threat to the United States Share information with all government agencies to prevent money laundering and facilitate speedy apprehension of certain types of criminals Increase the penalties and eliminate the statute of limitations for crimes of terrorism Strengthen border security by making entry to the United States difficult for terrorists Allowing the FBI to demand records that used to be confidential, using National Security Letters.
- 8. THE FIRST AMENDMENT Americans Response to the Patriot Act The First Amendment Based on what you have read or heard, do you think the Patriot Act goes too far, is about right, or does not go far enough in restricting people's civil liberties in order to fight terrorism?
- 9. References. Cuellar, J. (n.d.). The Complication Legality of Voice Recording in 2013. In VersaDial. com. Retrieved February 14, 2014, from http://www.versadial.com/the-complicatd-legality-of-voicerecording-in-2013/ Hamm, R. F. (2010). Olmstead vs. United States: the constitutional challenges of prohibition enforcement. . In Federal Judicial Council.gov.. Retrieved February 14, 2014, from http://www.fjc.gov/public/pdf.nsf/lookup/olmstead.pdf/$file/ olmstead.pdf Saad, L. (2004, March 2). Americans generally comfortable with Patriot Act: Few believe it goes too far in restricting civil liberties. In Gallup News Servicer. Retrieved February 14, 2014, from http://www.gallup.com/poll/10858/americans-generallycomfortable-patriot-act.aspx Quinn, M. (2013). Ethics for the information age (5th ed., pp. 276287). Upper Saddle River, NJ: Pearson.
Editor's Notes
- #5: *This section of the law initially prohibited interception of telephone or face-to-face conversations but was updated by Title I of the Electronic Communications Privacy Act in 1986 to include electronic communication. Law enforcement and other government agencies are not exempt from this ruling, although they are authorized to conduct wiretaps provided that they have obtained warrants for that purpose. Title III also regulates the disclosure and use of the information gained through wiretapping. The ECPA also authorizes the use of a pen register to detect the number being dialed on an outgoing call and a trap and trace device to show the number of a caller on an incoming call. (Quinn. 2013).
- #7: Valerie Caproni was general counsel for the FBI in 2011. The present general counsel of the FBI, since January, 2014, is James Baker.
- #8: USA Patriot is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (US Dept. of Justice).A National Security Letter from the FBI states that certain records are related to an ongoing investigation.
- #9: The graph represents the results of a Gallup Poll dated March 2, 2004 based on the question above.