Senate opens new investigation into illegal wiretapping

[bascule]

http://abcnews.go.com/Blotter/story?id=6022108&page=1

 

Two whistleblowers who were formally military intelligence operatives have come forward with claims that "hundreds of everyday Americans" had their private conversations intercepted. He said phone calls that included "phone sex and pillow talk" were often passed around the NSA facility as a sort of amusement for the operators working there.

 

I miss my civil liberties...

[Mr Skeptic]

Four days without an answer. I guess you're the only one here who misses them.

[gcol]

The question, for me, raises another which should be answered first: Just what exactly is Legal wiretapping. Until I know that, my response is a big yawn and a shrug.

[bascule]

The question, for me, raises another which should be answered first: Just what exactly is Legal wiretapping. Until I know that, my response is a big yawn and a shrug.

 

Wiretapping which complies with the law: in this case FISA, and by extension the Fourth Amendment.

[iNow]

Think "they had a warrant as a judge agreed that circumstances made it a viable surveillance option."

[bascule]

Think "they had a warrant as a judge agreed that circumstances made it a viable surveillance option."

 

Or, if they didn't have a warrant, they'd retroactively apply for one ASAP, as opposed to having no judicial oversight whatsoever.

[padren]

The question, for me, raises another which should be answered first: Just what exactly is Legal wiretapping.

 

Basically it boils down to probable cause. If there is probable cause, a warrant can be acquired and a wiretap permitted. Without that, it's a fishing expedition and really no different than random searches of homes to see if anything is caught in the dragnet.

 

The legality can be a little more blurry when you have one or two foreign nationals in a telephone conversation, but the rights of two US citizens is still pretty clear - no warrant then no invasion of privacy is permitted.

 

...at least that's how I remember how it stands, I'm not an expert for sure.

[npts2020]

The FISA Court (for DHS) basically rubber stamps the wire tap request, the court has only ever turned down a handful of requests, then they go do it. They can also wiretap you first and get a warrant later. I'm not sure what happens if the warrant is turned down after the fact, something that has never yet happened.