FC: More on Ashcroft's press conference, wiretapping, and MATA bill

[Declan McCullagh <declan () well com>]

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politechnical says is now already out of date: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 () albany edu>
To: Declan McCullagh <declan () 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 () 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 () 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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