The journey from there to here

The following is extracted from the Libertarian party website (www.lp.org). the initial post author is credited below.

 

Non-terror-related wiretaps on the rise

The use of court-authorized secret wiretaps skyrocketed in 2004, as state and federal judges approved every single law enforcement request for permission to listen in on private electronic communications.

In all, 1,710 applications for wiretaps were approved, an increase of 19 percent from the prior year. This number does not include court-ordered wiretaps for terrorism-related investigations. Those taps are handled under the Foreign Intelligence Surveillance Act (FISA), and accounted for a record 1,754 in 2004.

Looking only at the non-terror-related wiretaps, federally approved taps increased by 26 percent in 2004 (to 730) and state-approved wiretaps increased by 13 percent, to 980.

Interestingly, three-quarters of the wiretaps were approved in four states -- New York, California, New Jersey and Florida -- according to the Administrative Office of the U.S. Courts, which recently reported the year's figures to Congress.

Is it reasonable to believe that every single one of the requested non-terrorism-related wiretaps was actually warranted, no pun intended?

Or is it, rather, safe to assume that forcing law enforcement to "request" a warrant to install wiretaps is a mere symbolic gesture -- given that judges are obviously willing to simply take the law enforcement agencies at their word when they say the wiretaps are necessary, legitimate and appropriate?

Posted by Daniel Cloud at April 29, 2005 03:18 PM


Comments
on May 03, 2005

Well, I would say 100% is a bit of a good record, but if you think about it, no cop or DA is going to ask for a wiretap on the flimsiest of evidence.  Better to go in with full steam than half assed and risk screwing up the case.

Maybe the law enforcement agencies have just gotten better about dotting eyes and crossing Tees.

on May 03, 2005
Just another example of the Patriot Act turned against us Gid.
on May 03, 2005
When an agency requests a warrant for a wire tap they must present their case showing reasonable cause for such a wire tap in the first place.

I think a more telling benchmark would be to see how many of these wire taps led to or were associated with prosecuted cases. If it turned out this percentage was low it would be cause for concern as it would indicate surveillance may be taking place without just cause.

I am more concerned with electronic surveillance being done by government agencies outside of the normal judicial system for which there are no ready statistics. *donning tin foil hat now*
on May 03, 2005

Just another example of the Patriot Act turned against us Gid.

Actually, the article was about non-Patriot Act wiretaps.  These were the old fashion kind, at least that is what I read.

on May 03, 2005

Actually, the article was about non-Patriot Act wiretaps. These were the old fashion kind, at least that is what I read.

My experience with local law enforcement in the post 9/11 world has shown that, while law enforcement may state these things to be unrelated, the fact is, the Patriot Act has been the slippery slope that has led to more widespread authorization of searches, wiretaps, etc. Certainly when I was detained for being parked on a city street and conversing with a friend in a residential area, the Patriot Act could not be invoked. But the obvious implication of the police officers was that it was a legitimate security issue.

I think we need to be VERY serious about how much of our freedom we're willing to sacrifice in the name of security; the vast majority of Americans seem to be willing to sacrifice nearly all of their freedoms for the false security that results, and it's up to us who know better to educate and inform.

on May 03, 2005
I think a more telling benchmark would be to see how many of these wire taps led to or were associated with prosecuted cases. If it turned out this percentage was low it would be cause for concern as it would indicate surveillance may be taking place without just cause.


That would be a very telling statistic, and perhaps better for an article than the one the author used.
on May 03, 2005
I think we need to be VERY serious about how much of our freedom we're willing to sacrifice in the name of security; the vast majority of Americans seem to be willing to sacrifice nearly all of their freedoms for the false security that results, and it's up to us who know better to educate and inform.


I am not arguing that point (The patriot act). But if you are now arguing that the patriot act changed a mindset, I did not get that in the original article. Several conclusions could be drawn from that, and one of them is as you say. But the other is that the police are doing a better job of obtaining their wire taps. Perhaps if there was a study that showed the convictions as Mason said, that would be more telling as to whether the police were getting better, or the judges were intimidated by 9-11 and hence being a rubber stamp.
on May 03, 2005
The climate that is the primary motivation behind the Patriot Act has made it easier to push the wiretap through is all i'm saying guys.
on May 03, 2005

I'll agree there; we do need more data to draw any definite conclusions; that's why I just shared the piece rather than commentary.

Much food for thought, though

on May 03, 2005
These wire taps wouldn't be needed at all if we simply outlawed criminals and terrorists in the first place. Problem solved.
on May 03, 2005

The climate that is the primary motivation behind the Patriot Act has made it easier to push the wiretap through is all i'm saying guys.

I can see that.  But then shouldn't the onus be on the courts that are rubberstamping the wire taps?