Comments on: Electronic Surveillance Statistics for 2005 http://www.concurringopinions.com/archives/2006/05/electronic_surv.html The Law, the Universe, and Everything Sun, 22 Nov 2009 08:31:00 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Anonymous http://www.concurringopinions.com/archives/2006/05/electronic_surv.html/comment-page-1#comment-59207 Anonymous Thu, 04 May 2006 01:03:13 +0000 http://www.solove.org/archives/2006/05/electronic-surveillance-statistics-for-2005.html#comment-59207 FCC APPROVES NET-WIRETAPPING TAXES. "Broadband providers and Internet phone companies will have to pick up the tab for the cost of building in mandatory wiretap access for police surveillance, federal regulators ruled Wednesday." Read more: http://news.com.com/FCC+approves+Net-wiretapping+taxes/2100-1028_3-6067971.html?tag=nefd.lede FCC APPROVES NET-WIRETAPPING TAXES. “Broadband providers and Internet phone companies will have to pick up the tab for the cost of building in mandatory wiretap access for police surveillance, federal regulators ruled Wednesday.” Read more: http://news.com.com/FCC+approves+Net-wiretapping+taxes/2100-1028_3-6067971.html?tag=nefd.lede

]]> By: Andre Smith http://www.concurringopinions.com/archives/2006/05/electronic_surv.html/comment-page-1#comment-59206 Andre Smith Wed, 03 May 2006 17:01:43 +0000 http://www.solove.org/archives/2006/05/electronic-surveillance-statistics-for-2005.html#comment-59206 Isn't the bigger question, how many of those wiretapped were eventually charged with a crime? Isn’t the bigger question, how many of those wiretapped were eventually charged with a crime?

]]> By: Marty Lederman http://www.concurringopinions.com/archives/2006/05/electronic_surv.html/comment-page-1#comment-59205 Marty Lederman Wed, 03 May 2006 14:48:11 +0000 http://www.solove.org/archives/2006/05/electronic-surveillance-statistics-for-2005.html#comment-59205 "One wonders what the statisics would have been had the Bush Administration properly gone to the FISA court instead of engaging in secret wiretapping by the NSA." Their success rate would have been *way* down. The reason they didn't go to the FISA court for the NSA program is that the applications in those cases almost certainly would not have complied with FISA -- they could not have shown probable cause to believe (i) that the target of the electronic surveillance is a foreign power or an agent of a foreign power, and (ii) that each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power, 50 U.S.C. 1805(a)(3) -- and therefore the FISA court would have rejected them. “One wonders what the statisics would have been had the Bush Administration properly gone to the FISA court instead of engaging in secret wiretapping by the NSA.”

Their success rate would have been *way* down. The reason they didn’t go to the FISA court for the NSA program is that the applications in those cases almost certainly would not have complied with FISA — they could not have shown probable cause to believe (i) that the target of the electronic surveillance is a foreign power or

an agent of a foreign power, and (ii) that each of the facilities or places at which the electronic

surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power, 50 U.S.C. 1805(a)(3) — and therefore the FISA court would have rejected them.

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