What laws govern the use of wiretaps and other surveillance
methods to collect information on U.S. citizens?
Our right to privacy and protection from government intrusion into
our private lives is found in the Fourth Amendment.
Prior to a search of your home or wire tapping your phone, a judge
must issue a search warrant.
A search warrant should only be issued if the Judge has "probably
cause"... in other words, there has to be a reason to believe
that evidence of a crime is in the house.
To search a house without meeting this standard is an invasion of
our constitutional right of privacy.
Has Congress passed laws that define the limits of
domestic spying?
In the 1960s and 70s, the FBI and CIA spied on U.S. citizens
for political reasons.
Targets included Frank Sinatra and Martin Luther King, Jr.
Due to public outrage, Congress in 1978 passed a law that says that
a U.S. citizen could only be spied on if he has communications with
a foreign national.
A wiretap without a warrant is allowed only if conducted within
the first 15 days after a declaration of war.
Why should people be concerned about this? Shouldn’t
we want the government to track the communications of terrorists?
Two concerns:
First, a lot of times journalists, lawyers, even doctors have
a legitimate reason to be in communication with people from other countries.
Just because they are a foreign national doesn’t mean that they
are a terrorist.
Also, as a matter of checks and balances, there are limits to the
authority of an executive order. It must still be
subject to the limitations set out in our Constitution.
Without the requirement of a search warrant, and a court’s
supervision, the chance of the government violating an individual’s
constitutional rights is very real.
