A commentor on The Strata-Sphere has found an interesting document written by the Clinton Administration in which they complain the FISA rules are not workable in today’s world. It was written in 1996 and was apparently a Anti-Terrorism proposal:
Fact Sheet on Administration Anti-Terrorism Proposals
July 29, 1996
Multi-Point Wiretaps.
These were authorized by the Electronic Communications Privacy Act of 1986 (as amended), codified at 18 USC Sec. 2518(11). We propose harmonizing the standards for obtaining a roving microphone and a roving electronic intercept. Under existing law, roving microphone interceptions require only a demonstration of probable cause that it is “impracticable” to use a standard uni-point order, while roving electronic interceptions require a demonstration of probable cause that the subject is attempting to evade surveillance by changing telephone devices. This latter standard is extremely difficult to meet in the investigative phase of a case. By way of example, an individual switching between multiple cellular telephones, all of which he can carry in a brief case, may be doing so to defraud a cellular carrier rather than to evade surveillance. Since the burden is on the government to demonstrate probable cause, an absence of proof means that the burden is not met. Absent a court order, multi-point surveillance like nonconsensual uni-point intercepts is punishable as a crime or a civil offense and evidence gained through the illegal surveillance is subject to supression.
AJ has more on the other points written by the Clinton Administration and it makes for some interesting reading. If nothing else this proves that the FISA requirement for warrants in today’s day and age is just ridiculous. Back in 1978 no one imagined the type of communication technology we would have today, the whole act needs to be revised or done away with.
Of course none of this has to do with International to Domestic calls since the President doesn’t need FISA’s approval for those.
See author page
