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Justice Sutherland on Wiretapping

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Howard Gilbert says:

    Not only was the law interpreted as prohibiting wiretaps by the FBI, it was also interpreted as preventing US Military Intelligence from intercepting communications between foreign countries and their diplomats. As a result, ATT refused to turn over to the government copies of foreign communications. In 1939 as WWII broke out in Europe, Army Chief of Staff George Marshall ordered the US military to ignore the law and the court decisions and intercept and decode at least Japanese short wave radio communications, including the 1941 orders to consular officials in Hawaii to take long walks on the hills overlooking Pearl Harbor and report back each night on what they saw. Interesting, this clear violation of US law was either ignored or praised for the next 70 years by historians and scholars, the same sort of people are now horrified by unintended technical glitches in NSA handling of communications data.