Book Companion:

Jeanette Woodward

Email and Telephone Surveillance

Bush Asks Congress to Extend NSA Program
President Looks to Make Warrantless Wiretapping Law Permanent
Michael A. Fletcher, Washington Post, September 19, 2007
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/19/AR2007091901111.html
President Bush today called on Congress to make permanent a law that gives the government broad authority to eavesdrop without warrants on phone calls, e-mail and other communication between people in the United States and suspected terrorists abroad. . .

FBI Finds It Frequently Overstepped in Collecting Data
John Solomon, Washington Post, June 14, 2007; A01
http://www.washingtonpost.com/wp-dyn/content/article/2007/06/13/AR2007061302453_pf.html
An internal FBI audit has found that the bureau potentially violated the law or agency rules more than 1,000 times while collecting data about domestic phone calls, e-mails and financial transactions in recent years, far more than was documented in a Justice Department report in March that ignited bipartisan congressional criticism. . .

FCC Considers New Technology Mandates, Threatening Innovation and Privacy
Center for Democracy and Technology, Policy Post 13.12, September 19, 2007
http://www.cdt.org/publications/policyposts/2007/12
The Federal Communications Commission (FCC) is actively considering whether to adopt technology mandates that have the potential to significantly harm innovation and privacy on the Internet. Two ongoing proceedings -- one involving a small part of the ongoing Communications Assistance for Law Enforcement Act (CALEA) saga and one concerning E911 -- illustrate the danger. . .

Understanding IM as Evidence
Ken Strutin, New York Law Journal, September 12, 2007
http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1189501361400
Instant messaging is an increasingly popular medium that's sometimes an important link in the prosecution's case. As with every new communication tool, it brings new challenges for criminal procedure. This multilayered technology provides the convenience of e-mail coupled with the immediacy of a phone call. At the same time, its informality allows anonymity and raises concerns about privacy, authentication, best evidence and identification. IM content invokes privacy concerns. Since IMs can be sent by a variety of devices, the Fourth Amendment analysis begins with the search and seizure of the host technology, followed by the recognition of an expectation of privacy in the content. . .