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"Normally," he explained, "agencies put the burden of wiretapping on the carrier".
Several also voiced skepticism about the president's constitutional authority to order wiretapping on Americans without a court order.
Mr. Holder described as "very useful" the secret program that President Bush authorized after the Sept. 11 attacks to allow wiretapping on terror suspects without a court order.
While two former judges said they believed that Mr. Bush was bound by federal laws governing intelligence gathering, they did not explicitly express skepticism about whether he has the constitutional authority to order wiretapping on Americans without a court order.
But tech companies and advocates for greater privacy and security say the threat of fines would still force companies to build complex wiretapping capabilities into their services from the start (allowing wiretapping on peer-to-peer services like Skype will be particularly difficult).
[A6.] Guilty Pleas in Hollywood Wiretapping Case A Beverly Hills detective and the ex-wife of the actor Keith Carradine pleaded guilty to felony charges arising from a federal investigation of Anthony Pellicano, the onetime detective to the stars who prosecutors say orchestrated wiretapping on behalf of Hollywood lawyers and their clients.
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In Mr. Gupta's case, federal prosecutors played only one wiretap on which Mr. Gupta divulged Goldman boardroom discussions to Mr. Rajaratnam.
All of the wiretaps on officers except one were on cellphones, one person said.
The first came just a few days after Internal Affairs investigators and the Bronx district attorney's office obtained authorization for their first wiretap on the phone of a police union delegate, one of those with knowledge of the case said.
They had even placed a wiretap on his phone.
Earlier in 2008, the F.B.I placed a wiretap on Mr. Rajaratnam's cellphone.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com