Exact(6)
Now, in the court brief, the Justice Department was asserting a power to wiretap without first obtaining a warrant.
The bottom line is that we should demand the following: no increase in the power to wiretap without a statutory recognition of a broader warrant requirement that reflects the reality of the privacy interest in stuff stored on the Web.
The Second Circuit decision will prove to be important in future cases because it frees up prosecutors to seek a wiretap without requiring them to defer to an S.E.C. investigation.
Indeed, it is in some cases a federal crime to disclose a wiretap without authorization, including not only the information obtained from the wiretap, but also the mere existence of a wiretap with an intent to obstruct it.
At the same time, it would expand the N.S.A.'s powers to wiretap without warrants in the United States in one respect: when it is eavesdropping on a foreigner's cellphone, and that person travels to the United States, the N.S.A. would be allowed to keep wiretapping for up to a week while it seeks court permission.
Even with the law lapsed, intelligence officials continue to be able to put wiretaps on terrorism and espionage suspects under directives that were approved before the expiration of the six-month law, the Protect America Act, which gave the government a freer hand in deciding whom to wiretap without court approval.
Similar(54)
The bill since has been modified, with internal safeguards put in place on wiretaps without warrants.
I'm a little less offended by the wiretaps without warrants than many people.
The ruling is the second time a federal judge has declared the program of wiretapping without warrants to be illegal.
That finding bolstered the Bush administration's broader arguments on wiretapping without warrants, both critics and supporters said.
The eavesdropping law, which expired Feb. 16, made it easier for the government to initiate wiretaps without court approval.
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Justyna Jupowicz-Kozak
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