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

From: Declan McCullagh (declanat_private)
Date: Wed Sep 19 2001 - 21:47:37 PDT

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    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    politechnical says is now already out of date: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
    
    --
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