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Text of the draft "Mobilization Against Terrorism Act", which one politechnical says is now already out of date: http://www.wartimeliberty.com/article.pl?sid=01/09/20/0333204 ********* Date: Tue, 18 Sep 2001 12:44:41 -0400 (EDT) From: Jack Reed <jr0280at_private> To: Declan McCullagh <declanat_private> Subject: Re: FC: Transcript of Ashcroft-Mueller 9/17 remarks on wiretap bill In-Reply-To: <5.0.2.1.0.20010918111419.020a5150at_private> 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: jr0280at_private Voice: (518) 442-5609 FAX: (518) 442-5716 School of Criminal Justice University at Albany 135 Western Ave. Albany, NY 12222 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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