The House and the Senate last week approved legislation that would expand wiretapping and the collection of personal information by law enforcement and intelligence agencies. The bill, H.R. 3694 -- the Intelligence Authorization Act for Fiscal Year 1999 -- funds the operations of the intelligence agencies, which reportedly received a funding increase to expand signals intelligence and analysis. The total budget figures are classified.
The bill authorizes the expansion of the use of roving wiretaps, which allow law enforcement to wiretap multiple telephones to intercept the communications of a single person who is using different phones. Under the revisions, law enforcement agencies are no longer required to demonstrate in court that the person is deliberately switching phones to avoid interception, only that there is "probably cause that the person's actions could have the effect of thwarting interception." Under current law, roving taps are uncommon -- there were twelve roving taps authorized in 1997, three in 1996, and four in 1995.
The bill also authorizes the Attorney General to ask the Foreign Intelligence Surveillance Court to issue orders placing pen registers and trap and trace devices on telephones "to gather foreign intelligence or information concerning international terrorism." If Congress declares war on any country, a court order will not be required. The number of orders will not be disclosed, except to the House and Senate Intelligence Committees.
The bill also increases access to records held by businesses in the name of national security. Under the new law, the FBI will be able to obtain information on individuals from travel records, hotel information, and storage facilities with an order from the Foreign Intelligence Surveillance Court.
The bill has been sent to President Clinton for his signature; the President has expressed his intent to sign the bill into law shortly.
EPIC Alert Volume 5.14
October 13, 1998
Electronic Privacy Information Center
http://www.epic.org/
In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.
[posted October 14, 1998]
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