Week 1 - Civic
Responsibility
Discuss the responsible use, or misuse, of data communications
In the time after Sept
11, 2001, many Americans looked to government to come up with ways to
protect American interests. As we've seen in the past couple of
weeks during the September 11th Commission briefs, Americans are all to
willing to finger point , complain, and second guess the many
intricacies that go into making a leadership decision. As a
trained Anti-Terrorism/Force Protection expert I find it disconcerting
that Americans are rush to judgment and finger-pointing.
One way that American
lawmakers are trying to fight the war on terrorism is by the use of
wiretaps. In an effort to help the war on terrorism many courts
around the United States have issued wire-tap warrants in increasing
numbers. Prior to the advent of electronics, eavesdropping
consisted of actually having to sit near someone and listening to their
conversation. In today's vocabulary eavesdropping has been
replaced by wiretapping. Wiretapping is the method used to overtly
obtain acoustic and electronic transmissions without another person
knowing. In the late-1960's and before wiretapping laws were weak
and contained jargon that failed to protect one of the most fundamental
rights of Americans. The rights protecting us from unlawful search
and seizure. Since the 1970's courts have tried to prevent the
type of unlawful searches that may have gone on since the advent of the
telephone or maybe even the telegraph.
In order to restrict the unlawful
use of wiretaps the US Congress created the "Omnibus Crime Control and
Safe Streets Act of 1968. ?Title III,? as it is generally
called, established substantive and procedural requirements for federal
interception orders. It also specifically preempted less
restrictive state requirements. In 1986, Congress updated those
requirements by means of the Electronic Communications Privacy Act
(ECPA), which addressed newer communications technologies such as mobile
telephones and electronic mail."
Since September
11th in efforts seen to protect American's from terrorist plots, may
states have enacted liberal wire tap laws. Based upon the ECPA and
Fourth Amendment, "states that
wished to perform wiretaps were required to enact statutes that closely
track the probable cause, minimization and other requirements of federal
law."
Although many
opponents may exist to the contrary, I believe that as a law enforcement
officer, AT/FP expert, and concerned citizen of America, I find no cause
why states or the federal government should be so limited, to the point
where we are not a protected nation. America is a free nation,
with soldiers, sailors, Airmen, and Marines have accepted the fate that
theymay die protecting the "freedom" that all American's and many
non-Americans enjoy. Unfortunately, the typical American finds it
more convenient to complain that government is too big and too invasive.
You decide, but the use of wiretaps and eavesdropping is good for
America and may one day save the building you work in.
References
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http://www.peterswire.net/M1-Swire-Kennedyfinal31.doc
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