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True, but that warrant can only be obtained from the judicial branch of government by law enforcement officers conducting a criminal investigation, and only if
by spangry 11y ago
True, but that warrant can only be obtained from the judicial branch of government by law enforcement officers conducting a criminal investigation, and only if it meets the following criteria (among many others which I've excluded for brevity, see: https://www.law.cornell.edu/uscode/text/18/2518 https://www.law.cornell.edu/uscode/text/18/2518):
- a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
- a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
- there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;
- there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;
- normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;
- there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.
- No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days.
In contrast, FISA warrants are indiscriminate and the criteria for acceptance seems to be 'asking for one'. Of the 35,529 FISA warrant applications made up to 2013, only 12 were rejected.
- sangnoir 11y ago> that warrant can only be obtained from the judicial branch of government by law enforcement officers conducting a criminal investigation You seem to be laboring under the assumption that your phone company is more benign than Google, which is an assumption I am not willing to make (for Verizon or ATT among others)
- lallysingh 11y agoI think you have more faith than I do in the process. Couldn't the relevant LEs pick & choose the most friendly judge?