Privacy: A Very Short Introduction (Very Short Introductions) by Raymond Wacks

Author:Raymond Wacks [Wacks, Raymond]
Language: eng
Format: epub, mobi, pdf
Publisher: Oxford University Press
Published: 2010-01-20T16:00:00+00:00

Modes of approval

Long before the current spate of anti-terrorist measures, the United States had enacted several statutes, both at federal and state level, which set standards to be satisfied before government interception was permitted. Before a warrant is issued under the Electronic Communications Privacy Act 1986 (ECPA), the law-enforcement officer must indicate the nature of the offence under investigation, the interception point, the types of conversations to be intercepted, and the names of the likely targets. He needs to demonstrate probable cause, and that normal investigative techniques are ineffective. Court orders under the Act authorize surveillance for up to 30 days (with the possibility of a 30-day extension). A report must be made to the court every 7 to 10 days.

It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. It is also a federal offence to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Legislation also provides protection against the interception of email and the surreptitious use of telephone-call-monitoring practices. These arrangements include a procedural mechanism to afford limited law-enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment that guarantees the right to be free of unreasonable search and seizure, and provides that no warrant shall be issued, save on probable cause.

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