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U.S. Wiretapping Surges 19%

linuxwrangler writes "Court authorized wiretaps in the U.S. surged 19% in 2004 to 1,710. Court orders relating to terror-related investigations are not included in the wiretap statistics and those warrants reached a record 1,754 last year. Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."

274 comments

  1. Plan of action by bryan986 · · Score: 3, Funny

    1. wire tap payphones 2. find out where my nigerian friend hid the money 3. ... 4. profit!

    --
    There is no sig
    1. Re:Plan of action by PsychicX · · Score: 0

      1) Steal severely abused and trite joke 2) ?? 3) Profit!

  2. first tap by Anonymous Coward · · Score: 0, Funny

    first tap

  3. Does this include... by Valiss · · Score: 2, Interesting

    ..cell phones? Can they 'tap' a cell phone?

    --

    -Valiss
    1. Re:Does this include... by winkydink · · Score: 1

      The detachable battery provides a nice, replaceable module, don't you think? Assuming they can get their hands on your phone for say, 30 seconds or so.

      --

      "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    2. Re:Does this include... by to_kallon · · Score: 4, Informative

      Can they 'tap' a cell phone?

      they don't have to. all they have to do is listen. hence, few criminals use cell phones for communications which they'd prefer remain confidential.
      ........
      or so i've....heard......:-/

      --


      The only way to get rid of a temptation is to yield to it.
      -Oscar Wilde
    3. Re:Does this include... by Anonymous Coward · · Score: 0

      It is possible to "tap" a cell phone. Depending on the type of intercept, a warrant may or may not be required.

    4. Re:Does this include... by MoralHazard · · Score: 4, Interesting

      Of course not! Feel free to keep using your cell phone for drug deals and terrorist chatter, Valiss...

      Or should I say, Bin Laden! Thought you could hide behind a high Slashdot UID, did ya?

      Seriously, though, cellular "wire" taps are trivial. They can usually go through the carrier, or they can use receiving equipment if they're in the same cell to query the cell tower and intercept you there.

      Since the advent of digital cellular, though, you need more equipment and expertise needed to tap a cellphone. So the good news is that you don't really have to worry about anyone besides law enforcement listening in, unless your outside a digital service area and your phone fails over to analog.

      I've had moments in Brooklyn Heights, in NYC (which is notorious for bad cellular reception) where I'm on the phone and I can suddenly hear the conversation of a person a block away on my phone. When I look down, sure enough, it's on analog.

      So be careful out there, kids.

    5. Re:Does this include... by Monf · · Score: 5, Informative
      cell phones are tapped using the EIN number, it gets provisioned to the cop's equipment, kind of a man in the middle thing...

      not that i would know or anything, I think I saw the lone gunmen (the 3 geeks on X-Files) do it in an episode...

      they can customize the dial error messages you receive, they can route your cell-phone web browser through whatever proxy server they want, they can shut off your cell phone to piss you off, reprovision on the fly, etc... The hardest thing is to find your physical location, and thats using good old triangulation if you turn off the location awareness thingie (which isn't actually turned off, just restricts it to "Law Enforcement Personnel" or their close personal friends), and yes, they can create a hidden three-way call to a third party to listen in, or store the conversations digitally...

      Anyways, the point is that cell phones are tapped with computers, after it the signal hits the tower and gets on the land lines, not with radio receivers...

      --
      Pay no attention to that man behind the curtain.
    6. Re:Does this include... by Anonymous Coward · · Score: 3, Interesting

      Can you? I've done it ;) I worked on a particular government project which needed to be able to listen in to a wide range of frequencies, scanning for signals at a very high rate and then being able to tune into them. Consequently, we had to test it on all sorts of signals to make sure that it worked. Cell phone signals stick out like sore thumbs - nice, clean spikes. If I'm remembering correctly, at the time, we were only able to listen in to the analog signals, and you'd only get half of the conversation at a time (you're either listening to the phone or the tower, not both).

    7. Re:Does this include... by Jozer99 · · Score: 4, Insightful

      Yes. The wireless signal goes to a nearby basestation, where it enters the regular phone network. Tapping is pretty much as easy as for a regular phone. If they want to do more sophisticated things, like data tapping, or tapping nextel style walkie talkie features, they have to get the assistance of the service provider, but it is still not hard. Where there is data, there is a way.

    8. Re:Does this include... by Anonymous Coward · · Score: 0

      Maybe for you CDMA people who have to fall on analog sometime. We GSM people are 100% digital!

    9. Re:Does this include... by Anonymous Coward · · Score: 0

      Not only can they tap, but in a lot of areas, they can also triangulate the location of your phone -- depending on the amount of towers involved.

    10. Re:Does this include... by Husgaard · · Score: 4, Informative
      Since the advent of digital cellular, though, you need more equipment and expertise needed to tap a cellphone.
      Modern digital cellular systems like GSM are designed from the start to facilitate wiretapping. It is extremely simple for the network provider and the authorities to listen to your conversations.

      And even if you do not worry about your network provider and authorities listening, you should be aware that the GSM encryption was deliberately designed to be weak, and that it has been broken.

    11. Re:Does this include... by mikael · · Score: 4, Informative

      Of course they can.

      Apart from your voice and data traffic, the 'mobile' part of your connection also keeps track of the signal strength from the nearest cell phone towers. This allows the operator to give an estimate of your location, the accuracy of which is dependent upon the number of towers within range.

      Since each cell phone tower is going support hundreds of phone calls simultaneously, this requires a high-speed digital data link to the nearest trunk exchange, where the call can be routed to other telephone networks, as well as the operators accounting system.

      Since the data is digital it can be multiplexed or diverted and split off in any direction. Particularly useful for voice-mail, three way calling and group conferences.

      Your mobile phone is always in communication with the nearest cell phone tower, even if it isn't actively handling a telephone call.

      There have been several cases where a suspect had been incriminated by the times and locations that a mobile phone has been used and switched off.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    12. Re:Does this include... by Rei · · Score: 1, Troll

      Compromised cell phones have already been done in ways more extreme than just bugging.

      --
      Dear Lord: One of your creatures may be hurt tonight. Please let it be the other creature.
    13. Re:Does this include... by Anonymous Coward · · Score: 0

      Not only can they, but whenever you use a cell phone you are invoking federal jurisdiction. So, be careful what you say (if you aren't intimately familiar with every page of the federal statutes).

      I don't think it is any coincidence wiretapping surged 19% during an election year.

    14. Re:Does this include... by wallior · · Score: 1

      At least in Australia it is required by law for any telecommunications company to allow for simple monitoring of any call. Other than VoIP, it is just a simple matter of typing in the number you wish to monitor. I was even at a training course which showed how to monitor video calls aswell.

    15. Re:Does this include... by Dan+Up+Baby · · Score: 1

      Shhhhhh! This is supposed to be about big bad America!

    16. Re:Does this include... by Anonymous Coward · · Score: 0

      Can they tap a dial up connection? (that's over a phone line) heheh...

    17. Re:Does this include... by Simon+Garlick · · Score: 1

      Haven't you been paying attention? Australia *IS* America now.

    18. Re:Does this include... by Anonymous Coward · · Score: 0

      Nope, criminals use cheap prepaid phones once, then throw them into a river. The smart ones, anyway.

    19. Re:Does this include... by Anonymous Coward · · Score: 0
      not that i would know or anything, I think I saw the lone gunmen (the 3 geeks on X-Files) do it in an episode...

      Yeah, but you got it pretty much exactly right, according to a friend of mine who worked in one of the major cell phone carrier's security groups.

    20. Re:Does this include... by ozmanjusri · · Score: 1

      The Australian government has also tapped journalists phones and used the conversations for political advantage during the Tampa "crisis". They played the terrorism card yet again to make it legal for authorities to covertly view digital communications (email, VOIP, text messages etc) without a warrant.

      --
      "I've got more toys than Teruhisa Kitahara."
    21. Re:Does this include... by Rick+the+Red · · Score: 3, Insightful

      Who cares? Pre-paid cell phones are literally disposable, one-use toys to the bad guys. You don't even need a fake ID, just cash, and not all that much at that. How can they tap your phone when you use a different phone for each call? The best they could do is tap all the pre-paid phones and listen to every conversation out there -- good luck with that! (wanna bet the NSA is big into voice recognition?)

      --
      If all this should have a reason, we would be the last to know.
    22. Re:Does this include... by leonmergen · · Score: 3, Informative

      ... or they're using the cryptophone...

      If I understand it correctly, that telephone uses a sort of ssh-like connection for normal calls... sounds pretty cool :)

      --
      - Leon Mergen
      http://www.solatis.com
    23. Re:Does this include... by Anonymous Coward · · Score: 0

      "criminals use cheap prepaid phones once, then throw them into a river. The smart ones, anyway."

      I've never heard of a smart river. Why don't they ever throw their phones into stupid rivers?

    24. Re:Does this include... by Anonymous Coward · · Score: 0

      unless your outside a digital service area

      "you're".

    25. Re:Does this include... by kilodelta · · Score: 1

      WRT tapping wire line phones it is indeed trivial and requires nothing more technically complex than a court warrant or order.

      I've actually been in a #5ESS CO and had this feature demonstrated to me. They could pipe a subscribers conversation to overhead speakers, or silently to another telephone.

      WRT wireless, under NAMPS you could buy scanners capable of getting into the cell bands, couple some of them with a certain controller that hooked to a PC. You could then follow calls by subscriber, cell site, and even follow from cell site to cell site had you a good enough antenna for it.

      Now the taps are done at the MTSO - and it works very much like wire line tapping. Matter of fact, most MTSO's are just parts of wire line switches provisioned to provide cell services.

    26. Re:Does this include... by Anonymous Coward · · Score: 0
      "you're".

      This is an incomplete sentence.

    27. Re:Does this include... by Anonymous Coward · · Score: 0

      few criminals use cell phones for communications which they'd prefer remain confidential

      What are you talking about? Those terrorists on 24 communicate almost exclusively via cell phone.

    28. Re:Does this include... by Anonymous Coward · · Score: 0

      It's an incomplete sentence for an incomplete man with incomplete grammatical power. Sometimes, you don't need a whole sentence to say, "Did you fall down the stupid tree and hit every other branch? Because in English, we use 'you're' to specify the second person state of being, not 'your', which we use to specify the second person possessive pronoun".

    29. Re:Does this include... by petermgreen · · Score: 1

      hmm if you want to receive a call someone has to have the number.

      i guess you could give every contact a seperate list of numbers each to the used once only but that would mean carrying a lot of cellphones if you had a lot of contacts

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  4. in another story by dotpavan · · Score: 5, Interesting

    "We're still seeing a huge trend toward increased surveillance," said Edgar. In another story, a company called fake alibi is spreading its wings.

    1. Re:in another story by Anonymous Coward · · Score: 0

      wasnt this in a fiction story posted a few months ago? /too lazy to search for it

    2. Re:in another story by iminplaya · · Score: 1

      ...a company called fake alibi is spreading its wings.

      It's not like anybody will be demanding their records any time soon.

      --
      What?
  5. Hmmmm by cc-rider-Texas · · Score: 5, Funny

    This must explain all that heavy breathing when I call those 1-900-XXX numbers.

    --
    If you give a liberal an enema, he'll turn transparent.
    1. Re:Hmmmm by Anonymous Coward · · Score: 0

      Nope, that's you when you're playing with miss Right.

  6. This isn't surprising... by ral315 · · Score: 0, Troll

    Has the Bush administration proven that they really care about the rights of citizens, particularly on the Internet?

    1. Re:This isn't surprising... by Anonymous Coward · · Score: 0

      Bush cares about money, and those that try to take his... not us poor sods :(

    2. Re:This isn't surprising... by Anonymous Coward · · Score: 1, Insightful

      This has less to do with the Bush administration and more to do with the increased proliferation and use of technology driven communications devices. I actually expected more wiretaps than was reported given the huge adoption of the Internet, cell phones, and other such electronic communication devices.

      Some people will blaim Bush for anything . . .

    3. Re:This isn't surprising... by Anonymous Coward · · Score: 0

      Hey, not all of us poor sods don't like Bush. Some of us have prospered greatly under his care! Oh, sure, some don't like his pro-petrochemicals stance and prefer an organic lifestyle, but I say, forget them. I've never been fuller, healthier, and bug-free than under Bush! Besides... with a name like that, come on!

      - Zoysia Japonica

    4. Re:This isn't surprising... by fallendove · · Score: 0

      Certainly not. However, W is concerened with rumors

    5. Re:This isn't surprising... by failure-man · · Score: 0

      It is true that some people will try to blame Bush for everything. A bigger problem though is the fact that about half of the American public thinks he's some sort of a god and won't blame him for anything at all.

      As I see it, blind nationalism is just a little bit more dangerous than pissed off oversimplification . . . . .

    6. Re:This isn't surprising... by Anonymous Coward · · Score: 0

      I assume you are referring to over half of the American public that voted Bush into office for a second term. I am part of that half and I also hold a lot of respect for Bush and many of his policies. It would be foolhardy to assume that everyone that voted for Bush agrees with him on every issue -- let alone raising him to god status.

      It seems that you are the one guilty of oversimplifying.

    7. Re:This isn't surprising... by Anonymous Coward · · Score: 0

      It seems that you are the one guilty of oversimplifying.

      Your last remark displays amazing reading comprehension.

    8. Re:This isn't surprising... by QMO · · Score: 1

      From http://www.census.gov/Press-Release/www/releases/a rchives/miscellaneous/003136.html "The number of cell phone subscribers in the United States reached approximately 159 million in 2003, up from 34 million in 1995." This would account for quite a lot of the increase in wiretaps.

      --
      Exam 4/C again. Maybe I'll do better this time.
  7. For your safety... by StimpyPimp · · Score: 3, Funny

    You must understand... its just like a parent listening on their kid, to find out what trouble they are getting in... Only mom is a guy in a suit getting paid to listen to your phone sex.

    --
    This signature is part of a balanced post.
    1. Re:For your safety... by Anonymous Coward · · Score: 3, Funny
      Only mom is a guy in a suit getting paid to listen to your phone sex.

      Maybe in your household but the rest of us are fairly normal.... erm, sorry wrong message board.

    2. Re:For your safety... by Veinor · · Score: 1

      Actually, this is different in another way too: the kid has rights, including the right to privacy. However, I can take comfort in the fact that they can't listen in on EVERYONE.

    3. Re:For your safety... by Anonymous Coward · · Score: 0

      Not quite. Mom doesn't have to prove probable cause in front of a judge to be granted the ability to monitor Johnny's Internet usage or eavesdrop on his conversations.

      Law enforcement has better things to do than to listen to you or anyone else get their jollies provided they are getting them legally. On the other hand, Mom likely wouldn't take kindly to Johnny getting his jollies this way.

    4. Re:For your safety... by Anonymous+Luddite · · Score: 4, Insightful

      >> they can't listen in on EVERYONE.

      You did get the bit where no application for tap was turned down? They may not be able to tap everyone, but they can tap anyone which is nearly as scary...

    5. Re:For your safety... by bechthros · · Score: 1

      "Only mom is a guy in a suit getting paid to listen to your phone sex."

      And the person who's paying him is me.

    6. Re:For your safety... by Anonymous Coward · · Score: 0

      A minor doesn't have the right to privacy from their guardian.

    7. Re:For your safety... by Cat_Byte · · Score: 1

      Man I hope they do tap my phone. Unless it's a geek listening in they will be bored out of their mind listening to support calls for linux.

      --
      Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
  8. Not Surprising by FunWithHeadlines · · Score: 5, Interesting
    "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received"

    This makes a certain sense. Law enforcement, both police and judges, must feel they are on the same side and under siege by the forces of crime. After all, that's all they see and work with every day. So just as units of soldiers bond and stand up for each other, I imagine it must be tempting for judges and police to bond, or at least feel they are both working the same job from different angles. So they are probably predisposed to think the police know what they are doing when they ask for a wire-tap. Most of the time, they are probably right.

    But yeah, it sure does allow the slip-ups (and the occasional outright corruption) to get through mostly unchallenged. That's the downside, and a good reminder why a citizen should never give their governing structure any kind of power without realizing they will use that power early and often and repeatedly, and when someone becomes corrupt it will get used in a corrupted manner. And with very little in the way of real checks and balances in a practical sense.

    1. Re:Not Surprising by stinerman · · Score: 4, Insightful

      This makes a certain sense. Law enforcement, both police and judges, must feel they are on the same side and under siege by the forces of crime. After all, that's all they see and work with every day. So just as units of soldiers bond and stand up for each other, I imagine it must be tempting for judges and police to bond, or at least feel they are both working the same job from different angles. So they are probably predisposed to think the police know what they are doing when they ask for a wire-tap. Most of the time, they are probably right.

      That should never happen. The courts are theoretically independent. They are a government agency created by the legislature, but are not supposed to be on the side of anyone. They are an independent and neutral arbiter of the law (although you might not know that with the recent calls of "judical activism" when a judge doesn't judge the way someone wants them to)

      When the judiciary essentially pairs up with the executive branch, you've essentially gotten the judge and the executioner on the same side. It then follows that you are no longer assumed to be innocent. If the judges and the police are "on the same side" concepts like probable cause go out the window (see police state).

    2. Re:Not Surprising by AlexB892 · · Score: 5, Informative

      I have a few friends in law enforcement, and they tell me the reason such a high percentage of warrants are approved is because it is seen as bad for one's career to request a warrant and be denied. If a detective keeps asking for warrants that aren't justified, supervisors see it as a sign of poor quality police work, so many officers are reluctant to ask a judge for a warrant unless they know they have a nearly air-tight case.

      Also, if a large percentage of warrants were denied by the courts, people would spin the statistics to say that police are trying to over-exert their powers by asking for illegal searches. The police don't want to create that image for themselves.

    3. Re:Not Surprising by MoralHazard · · Score: 1

      But yeah, it sure does allow the slip-ups (and the occasional outright corruption) to get through mostly unchallenged.

      See my root-level comment, below, about the slip-up issue. Basically, it's up to your defense attorney to challenge a bad warrant during pre-trial hearings. If you can undermine the legitimacy of a warrant, you can potentially get all the evidence collected on that warrant, AND and subsequent evidence collected as a result of that knowledge (phone conversations lead them to other evidence) thrown out of court.

      But if the warrent is bad because of an honest mistake, it doesn't get thrown out. You have to show a negiligent mistake or some worse motive in order to win the jackpot.

    4. Re:Not Surprising by 1000101 · · Score: 2, Insightful
      "Law enforcement, both police and judges, must feel they are on the same side and under siege by the forces of crime"

      They are on the same side of the law, but are completely different branches of government. In this case, the judicial branch is supposed to be a check on the executive branch, but it is hard to argue that they are doing their job with a 100% approval rate. There are very, very few private companies that do everything right, much less government agencies.

    5. Re:Not Surprising by filmchild · · Score: 0
      Law enforcement, both police and judges, must feel they are on the same side and under siege by the forces of crime.

      Damn. I wasn't aware we were all living in a comic book. There are no "Forces of Crime" out there lurking that the police and judges need to gang up on and bend the intent of laws against. There's a reason we have a Judicial system that is not tied to the Law enforcement system. If judges and law enforcement were on the same side, we wouldn't have trials, just allegations and then summary executions of punishment.

      A judge's main purpose is to interpret law, and through that interpretation, validate or invalidate enforcement. Anything near 100% of approvals for these kinds of warrants is ridiculous. That indicates that judges are handing out unchecked police powers, and that should concern you.

      Remember, the cops don't need to tap your phone if they already have enough evidence to convict you! And if they don't have enough evidence to convict you of criminal activities without damning phone records, they probably don't have much of a case!

    6. Re:Not Surprising by LurkerXXX · · Score: 1
      Oh really? I'm sending #3 over to see you. After a bit of tourture, you will no longer claim that SPECTRE does not exist. James Bond will not save you this time!

      Yours Truely,
      #1

    7. Re:Not Surprising by Sycraft-fu · · Score: 4, Insightful

      Also the burden for warrants it's all that high. It's probable cause. Probable cause just means that there is enough to lead a person of reasonable caution to believe that something connected with a crime is in the location that the warrant allows a search of. It doesn't mean proof beyond a reasonable doubt or anything, just that a reasonable person would say "Ya, based on this, it's reasonable to assume that the items you are seeking are located there."

      So ya, not really supprising that most warrant applications are granted. The police don't want to apply unless they think there's a good chance of getting it, and the burden they need to meet isn't all that high. If someone credible testifies "Ya, I saw that gun at his house on the table." that's probably enough for probable cause.

    8. Re:Not Surprising by Anonymous Coward · · Score: 0

      I doubt, from years of reading the news, that judges and police, as a whole, feel that they are on the same side all of the time. Judges have to deal with sloppy police work, withheld evidence, and simple lying too many times.

    9. Re:Not Surprising by Anonymous Coward · · Score: 0

      You've got to be joking me, the day that Judges and Cops join sides is the day that the American Consistution slips down the drain.

      Judges are NOT on the same side. In fact, daily, judgements are made that directly oppose that stupid remark!

      This doesn't mean that Judges aren't scared and are submitting to law enforcement requests simply because of 9/11 scare tactics. Because, they are.

    10. Re:Not Surprising by Anonymous Coward · · Score: 0

      Most US warrants are to find out who else is involved in the crime and by that time the police will generally have enough evidence to bust at least one person.

    11. Re:Not Surprising by Anonymous Coward · · Score: 0

      By NO means are police officers and the courts supposed to be on the SAME side. They are, by design, to be on the OPPOSITE sides of eachother... why? to ensure that you are not shafted. Thats why you STILL have to goto court and have the cops PROVE to the court you broke the law before the cops can turn you over to corrections officials. This is to ensure you don't get sent through the sytem like shit through a goose.

    12. Re:Not Surprising by tit4tat · · Score: 1

      The real reason it's not surprising to see a "jump" of 19% is that targets have learned that it takes longer to get a wiretap up than it does for them to drop their cell phone and start using a new one. So criminals try to stay one step ahead of the authorities by using Tracphones, T-Mobile pay-as-you-go, etc. and dropping them every few days. (Think: HBO's "The Wire") Meanwhile, the authorities try to keep up by getting a new order for the same target over and over and over again. Not really an accurate indicator of increased use of wiretaps, if you ask me.

    13. Re:Not Surprising by westlake · · Score: 1
      Remember, the cops don't need to tap your phone if they already have enough evidence to convict you! And if they don't have enough evidence to convict you of criminal activities without damning phone records, they probably don't have much of a case!

      Why is it that no one here ever quite grasps the distinction between the "probable cause" needed to initiate and pursue a criminal investigation and the burden of proof on the state when a case goes to trial?

    14. Re:Not Surprising by Urusai · · Score: 0

      So the image of a corrupt judiciary in cahoots with a the police force is better, eh? Frankly, I'd rather see the police ask for warrants they can't get because it shows that the system is working to some degree. It's kind of like how if the Senate just rubber-stamped all judicial nominees, it would undermine my faith in the checks and balances of government. Hey...

    15. Re:Not Surprising by Anonymous Coward · · Score: 0

      They wiretap illegally first, to make sure they can get what they are after. Then they go ask the judge for a "legal" wiretap, and go get some more of what they have already been getting. That's why the high approval ratings, it's a done deal in advance, so they develop "cop street cred" with the local judge.

      And the judge knows it goes on too, they all play the game that way.

      Cops if they are drunk or really your friend will tell you this. It's SOP with them. Same as planting evidence if they really need to make a conviction, or say if they need to bust in someplace, they'll call in their own "anonymous tip" that something is going down at such and such an address. Nothing new here.

    16. Re:Not Surprising by TheKidWho · · Score: 1

      A sensible post among all the garbage! Kudos!

    17. Re:Not Surprising by demachina · · Score: 1, Troll

      Excepting that in the case of the Federal courts in particular all judges are appointed by the executive branch and the chief executive can pick people who ARE biased if they so choose and almost always do pick people who see things their way. Of course, there are checks and balances built in to our constitution most importantly that the Senate has to approve them all which can weed out people unfit to be a judge for life.

      Unfortunately today thanks to the near collapse of the Democratic party and the rise of the new right wing, Christian fundamentalist dominated Republican party both the executive and Senate are controlled by people with a similar and increasingly extremist bent.

      Not to fear our system of government honed over 200 plus years has the filibuster in the Senate to serve as the last check on a majority party seizing control of the judiciary and the government in general. Unfortunately the filibuster exists only in Senate rules and is not enshrined in our constitution. In the past both parties saw it in their interest, and had the wisdom, to preserve the filibuster so if they become the minority party they would not be powerless.

      Unfortunately the Republican's are going to throw that wisdom to the wind and very soon they are going to change the Senate rules, eliminate the filibuster, make the Democrats powerless and most probably create a constitutional crisis unlike any we've seen. If they succeed they can appoint any extremist judge they can hold a party line vote on and given a few years, they can stack the federal courts, including the Supreme court with people who may be very biased and not the least bit independent and yes that could eventually lead to a police state. You may have heard of this option, its called the "nuclear option" and when it happens we will basically be living in a one party state as long as the Republicans keep winning elections legitimately or by hook and crook, or decide to rewrite our nations laws to enshrine their one party state as was done in the 1930's in Germany. A political party there seized power largely through democratic means.

      --
      @de_machina
    18. Re:Not Surprising by Tehrasha · · Score: 1
      "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received"

      Interesting statement, considering the article doesnt say how many applications for wire taps were sought. Only that the number of approved wiretaps increased.

      A more accurate picture would be created if they discussed the percentage increase in the number requests that were approved, not just the fiscal increase in the number of approvals.

      A number indicating how many applications were deamed to be baseless, and were denied would have helped as well. Otherwise its all just alot of 'OMG OMG BIG BROTHER!!!' fodder.

    19. Re:Not Surprising by FunWithHeadlines · · Score: 1
      Several people responded to my post by saying something similar, that the police and the courts are on opposite sides. I understand what you are saying, and in court cases I see the conflict quite clearly. But we are talking about getting approval for wiretapping. That's not a criminal case in criminal court. This is a couple of cops going privately to a judge and saying, "Your Honor, here is the evidence we have to justify the wiretap. Can we proceed?" In that case, the judge and the cops are on the same side: Fighting crime. That's what I meant.

      But you are right, what they should be doing is looking after the interests of the general public and checking carefully before rubberstamping permission. All I was doing was speculating on the possible psychology for why there does seem to be a lot of rubberstamping going on.

    20. Re:Not Surprising by Anonymous Coward · · Score: 0

      I think you should go back and read the article again, it clearly states that no applications were deemed baseless. I think it may even be in the first paragraph of the article.

    21. Re:Not Surprising by DavidTC · · Score: 1
      People forget cops work with district attorneys. If they need a search warrant, they first think, with years of experience: Do I have enough evidence to get one?

      If they think so, but aren't sure, they can just go and ask the DA for his opinion. It's a handy free lawyer who wants someone convicted, but the DA knows pestering the judge with warrants he'll turn down is not the way to accomplish anything.

      And then they go see the judge.

      They do this for two reasons: It looks bad to get search warrants turned down, because then their boss wonders, 'Is he presenting the evidence correctly? Does he understand how the process works?'.

      I'm not talking about illegal stuff, I'm talking about not bothering to check alibis beforehand. A search warrant is the last thing the police should do...there should be a reasonable case pointing at someone, and there should logically be something there to help it. If the judge sees an obvious way the case could be improved or weakened without the search warrant, they might not give one until the police try that.

      The other reason is it looks bad, statistically, to have cops asking for a lot of warrants they don't get.

      Of course, the other way around doesn't look that great, either. People need to realize that 'amount turned down' isn't that useful. All that tells you is how good police are at guessing what the judge will say.

      Look at 'amount of search warrants that lead to conviction', that might be revealing. Or how many search warrants were on an innocent man? How many were on a guilty man that didn't actually help the case? (A much smaller privacy violation, to be sure, but one never-the-less.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    22. Re:Not Surprising by DavidTC · · Score: 1

      About the only way to get a legit search warrant thrown out is to show the cops lied to get it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    23. Re:Not Surprising by h8macs · · Score: 2

      Assumption of innocence died quite some time ago. You are guilty the moment you are written up. It is your word as a layman or potential criminal against an "Officer of the Law". You are merely capital (cattle) in the form of fines for the general fund. The law of the land (the constitution) is for the most part chopped and diced to fit whatever the current agenda may be.

      Damn judges... I hate when they get in the way of Executive or Legislative posturing.

      --
      :-( --- argh. Despair, I owe again. :-b
    24. Re:Not Surprising by kaltkalt · · Score: 1

      "By the end of the year, the surveillance had generated 4,506 arrests and 634 convictions based on wiretap evidence." That alone tells you just how wrong those applications usually are. If they had a 100% accuracy rate, every arrest that stemmed from the wiretap would result in a conviction. OUt of 4,506 wiretap-related arrests, only 634 convictions? I'll give them the fact that some arrests are dropped in exchange for use immunity and the promise to testify against someone else, but that's not as common as it is in the movies. Rather, the deal is plead guilty to one count (still a "conviction"), tell us everything you know, and serve only 1 year or so if you tell the truth."

      I expect the FISC to rubber stamp everything, hell it's in the same building as the justice department. But i'd reasonably expect 10 to 15 percent, at least, of applications to be denied. Not even one? Unreal.

      --

      Stupid people make stupid things profitable.
    25. Re:Not Surprising by Anonymous Coward · · Score: 0

      "Largely through Democratic means." You are so full of shit. Do your goddamn homework before you spout off on the nazi bullshit. The Nazis didn't sieze power without brownshirt strong arm tactics, taking guns from the populace and regulating the press, and jackbooting political and religious opponents. The nazis beat opponents in the streets. If you'll remember your history, or maybe I should educate you on something you didn't know to begin with, the nazis were socialist as are most Democrats. Americans are still armed, we still have elections and we still have a free press, and a free internet where ignorant, naieve morons like yourself can peddle your ideology addled bullshit.

    26. Re:Not Surprising by hburch · · Score: 1
      What percentages of wiretaps lead to a conviction on the specified target?

      The articles ignores more than half of the wiretaps issued, because they were issued under FISA. Those wiretaps are much more alarming to me.

    27. Re:Not Surprising by Moofie · · Score: 1

      Gosh, your unsubstantiated hypothesis has totally renewed my faith in the criminal "justice" system. Thanks!

      --
      Why yes, I AM a rocket scientist!
    28. Re:Not Surprising by ramblin+billy · · Score: 1


      I agree that knowing the conviction rate of wire tap suspects would be a valuable indication of the accuracy of law enforcement's suspicions. You're also right that 634 convictions in 4506 attempts would be dismal. I suspect though that the majority of the suspects have not been tried yet. I'm sure their lawyers could keep the cases tied up for quite a while arguing the legality of the wiretaps. I also suspect that rather than filing an official rejection to a wiretap request, a lot of judges just chase the offending officer out of their chambers with a look of disgust. Paperwork sucks...and leaves a trail at election time! In any case, real professionals don't discuss business on phones of any kind unless they use a prearranged code. In most cases a number on a pager can communicate anything you really need to know. The vast majority of tapped information is used as background to help the tappers understand the situation and identify possible sources. Dumping your girlfriend in such a situation is a problematic decision.

      billy - anyone seen my friend Mary Jane?

    29. Re:Not Surprising by demachina · · Score: 5, Informative

      Yea but Nazi's won the election that brought them to power, though not a clear majority. They consolidated their power largely thanks to winning control of the legislature and passing laws that gradually decimated or outright outlawed all opposition. They used the Reichstag fire to justify many of their greater excesses as the Republican's today use 9/11.

      "the nazis were socialist as are most Democrats"

      They were Fascists which isn't exactly the same as classic Socialists. The Nazi's created a giant interventionist government but it worked hand in hand with giant corporations and industrialists much like today's Republican party. Wealthy industrialists brought him to power, in fact bankrolled his rise to power, in particular the Thyssen family, and wealthy capitalists don't normally support real socialists. The Thyssen family is interesting because George. W's grandfather Prescott was their banker in America and his bank, Union Banking, was seized for trading with the enemy when war was declared much to the embarrassment of the Bush family. They had extensive financial dealings, along with their wealthy benefactors the Harrimans, with Nazi Germany.

      Today's neo con Republicans are also big fans of aggressive warfare, you know unilaterally invading countries who haven't attacked you under false pretenses, like Nazi Germany.

      I'm guessing your suggesting today's Republican's are free market conservatives and the antithesis of all this Nazi, Democrat Socialism, well I guess you haven't noticed but the new Republican party has been growing the government, its intrustion in and control of our lives, and its deficit spending at a furious pace, they are just growing it in a way that favors the wealthy and their corporate friends.

      I really wish we did have a conservative government that did what all the Republican's have said they were gonna do if they gained power, cut government spending, cut the size of govermment and limit its intrustion in our lives, but today's Republican party is more Fascist than it is conservative. Certainly its velvet gloved, compassionate fascism and nothing close to Germany in the 30's but give it time and one more 9/11 scale attack.

      "we still have elections"

      So did Germany, they did gain power through elections, laced as they were with Brown shirt intimidation, and they held elections for most of their rise to power, they just used their control of the government to pass laws that marginalized or outright outlawed of all their opposition.

      After a stolen presidential election in 2000 and a suspicious election in 2004, remember the exit polls that said one thing and the official results that said another I don't think just having elections proves anything. Unless they are fair and above reproach which America's haven't been since 2000. If they are vulnerable to manipulation they are meaningless.

      "free press"

      Heh, most people are getting their news from TV networks controlled by a tiny handful of giant corporations. Rupert Murdoch's global empire in particular, is anything but "free", "fair" or
      "balanced" and is dominating cable news, maybe you've heard of them, Fox News, they own like a third of the world's media, Viacom, Time/Warner, GE and Disney round out the list, none of which are exactly fans of controversy. Radio is controlled largely by Clearchannel and dominated by right wing extremists. Newspapers are also massively consolidated and simply don't have any traction with most people any more.

      So our media has been stampeded in to being anything but free. CBS has been thoroughly spanked for its "liberal bias", FOX's right wing bias is blatant, unchecked and its all angry white men watch. CNN used to balance FOX but since November when they got their new chief and the Republican's swept the elections I barely recognize it, they are pandering to the Christian right so much to try to salvage their ratings. There was a time after the Atlanta shooting they were plugging "The Purpose Driven Life" so

      --
      @de_machina
    30. Re:Not Surprising by mtpruitt · · Score: 1

      Why is it then that there can be an increase of 19% that are all approved? A high clearance rate is one thing, showing a functioning efficient system, but a sudden increase in approvals is very odd. Either these are high-quality wiretaps that were not submitted to the court before (Why? Did they not feel like stopping criminals?) or they are low-quality ones that are being accepted with less diligence.

      An increase of 19% is difficult to explain by changes in criminal behavior. The changes in technology (buying multiple cell phones) did not suddenly occur in 2004. Remember when a beeper meant a drug dealer? Also, in some jurisdictions I think it is possible to get a warrant for a person and their communications along any channel instead of simply tapping one phone number.

    31. Re:Not Surprising by Tehrasha · · Score: 1

      I stand corrected.

    32. Re:Not Surprising by Anonymous Coward · · Score: 0

      Damn. I wasn't aware we were all living in a comic book. There are no "Forces of Crime" out there lurking that the police and judges need to gang up

      Haven't you heard of the Axis of Evil? The Crusade against Terrorism? These words were spoken by a madman who not only believes God put him in the White House, but also believes in The Rapture, and has the ability to "bring it on", so to speak.

    33. Re:Not Surprising by Kjella · · Score: 1

      maybe I should educate you on something you didn't know to begin with, the nazis were socialist as are most Democrats

      Most historians seem to agree that was in name but not in practise. Socialism has been about equality, and about pooling resources. Nazism (national socialism) was about everything but that. If it had any element of socialism, it was to gather Germany's people and resources for them to take their "rightful place" as rulers of the world. The actually running of Nazi Germany was facist (state and corporations cooperating), not socialist. The rest was propaganda about how they would all be part of the "ruling caste".

      Kjella

      --
      Live today, because you never know what tomorrow brings
    34. Re:Not Surprising by Eivind · · Score: 2, Insightful
      There's no problem with "large percentage". There *is* a problem when in sum (terrorist and others) over 3500 wiretapping-warrants are requested, and not even a SINGLE freaking one are denied.

      Sure, most officers take care to do good police work, and manage to do so most of the time. No problem.

      But there's no way in hell that ALL police officers asking for such warrants do a good job EVERY SINGLE TIME.

      This stinks to heaven.

    35. Re:Not Surprising by suezz · · Score: 1

      better ye the judge is their to protect the innocent
      they are the innocent's only friend when they get accused.

      you know the old innocent untill proven guilty theory.

    36. Re:Not Surprising by QMO · · Score: 1

      The theory of socialism may be about "equality, and about pooling resources."

      The reality of socialism is much more like the following true story:

      The social worker tried to get my wife to use several services that we didn't need. My wife protested that we didn't need them. The social worker explained that the services were free. My wife again explained that we didn't need them, and didn't want to waste taxpayer money. The social worker said, "This doesn't cost taxpayers money. It's federally funded."

      --
      Exam 4/C again. Maybe I'll do better this time.
    37. Re:Not Surprising by Anonymous Coward · · Score: 0

      If you don't think that there are highly organized criminal (and evil, though not exactly illegal) organizations around then you're not paying attention.

    38. Re:Not Surprising by mpe · · Score: 1

      After a stolen presidential election in 2000 and a suspicious election in 2004, remember the exit polls that said one thing and the official results that said another I don't think just having elections proves anything. Unless they are fair and above reproach which America's haven't been since 2000.

      Rather 2000 was the first time it was widely noticed. You could just as easily say that US elections havn't been fair and above reproach since 1812, when Elbridge Gerry gave his name to the term "gerrymandering". It's hard to see how any election can be fair when the people conducting the election are not (so far as is possible) independent of those standing in the election.

    39. Re:Not Surprising by Anonymous Coward · · Score: 0

      Police and courts are supposed to be on the same side.
      They should both be on the same side of upholding the law.
      Even the defending lawyer should be on the same side.
      Even the defendant should be on the same side, and confess and provide evidence to convict himself if he's guilty.

      Sadly, we aren't perfect.

    40. Re:Not Surprising by Anonymous Coward · · Score: 0

      Gosh, your unreasoning paranois has totally destroyed my faith in the criminal justice system.

    41. Re:Not Surprising by mpe · · Score: 1

      I wasn't aware we were all living in a comic book. There are no "Forces of Crime" out there lurking that the police and judges need to gang up on and bend the intent of laws against.

      There actually are "Forces of Crime" they are known as "Organised Criminals". Some of whom probably have the police on their side...

    42. Re:Not Surprising by Anonymous Coward · · Score: 0

      You're overlooking this effect: The law enforcement people know their request is going to be run past a judge, so they don't submit marginal cases.

      Just like a prosecutor has to decide if a case is worth pursuing, based on the probability of actually getting a conviction. You put your resources where you think you have a acceptable chance of success. Below that threshold, you don't even try.

      If you think judges are letting pass unjustified wiretaps, can you point to any examples? This system has been in place for over a generation now, I've heard a lot of grousing like this over the numbers, but no one has come forward with examples of abuses since the judicial review for wiretaps was instituted. It's impossible to prove a negative, but if there was any significant abuse going on, you'd expect someone to be able to show it, with several decades to look over. So color me sceptical.

    43. Re:Not Surprising by Tassach · · Score: 2, Funny
      The courts are theoretically independent
      In theory, theory and practice are the same.
      In practice, they aren't.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    44. Re:Not Surprising by mickyflynn · · Score: 0, Troll

      neo-con Republicans are Jews and Bush is an Israeli puppet. Why do you think we are at war in the middle east? Not because Bin Laden hates our freedom. He said if we drop Israel, he'll leave us alone.

      We are at war for the security of Israel and nothing else. This has become obvious to me now. Of course, I have even on here said as much, stating Israel is our ally and Iraq was funding bombing against them.

      Then I realised Israel is not our ally. Thy even sunk one of our warships in the 1970s. We give them $10,000,000 a day which they never pay back, in addition to other loans and military equipment. Which they sell to China.

      In fact, I don't even think the gas chamber holocaust shit ever happend. It's only claimed on the Soviet side. The Soviets would not let wester allies in to see it. It's been proven the gas chamber at Auschwitz I is not in its original state, but was an air raid shelter that the Soviets "turned back"(if it ever was) into a gas chamber to take photos of for the Nuremberg trial. Why would the Soviets do this? Because the Russian Revolution was anything but Russian. IT was instigated top down by Jews. Communism was invented by Jews (Marx in particular being the one to codify the beliefs).

      Jews also invtented capitalism through their usuery and all. Capitalism and Communism are 2 sides of the same coin. Neither respects national borders or the people of the countries in which they opperate. They are both exploitive and oppressive. As they say : In Capitalism, man exploits man. In communism it's the other way around.

      So yes, Neo-Cons are at fault. But they are NOT like Nazis. They are Zionists every one. And it would have been far better that the UNited States had eithe stayed out of the war, or sided with our German brothers (because Germans the largest white cultural group (and white being still 70% of the population) and they are like us) against the soviet communists.

      Then there would be no Israel. There would be no islamic terrorism. there wuld have been no korean or vietnam wars. no afghan war. no CIA support of Bin Laden against the communits. No 9/11.

      So do not dare to criticise National Socialism, because while not perfect it is the only economic system in which the people are not exploited. it's the only system where jobs stay in the country and cheep workers arent brought in to fill them at the expense of the people. and it was the only philosophy that ever stood a chance against the Marxist and Capitalist Zionists who are the cause of all the trouble in the world.

    45. Re:Not Surprising by Anonymous Coward · · Score: 0

      ask your police friends when "666" becomes mandatory by law, would he and other cops enforce it? would he or any others actually arrest men, women and children for refusing to take the "mark"?. then ask if he wouldn`t have a problem going after people who would try to flee for thier lives knowing if they are caught, they will be put in prison and or killed for refusing the mark?

    46. Re:Not Surprising by Anonymous Coward · · Score: 1, Informative

      Thank you for this post. I am extremely happy to see someone on Slashdot actually use little known and easily verifiable historical facts to back up an argument, instead of blather on blindly like a typical alt-media parrot. But I do have one comment to make:

      "[media] ...are also massively consolidated and simply don't have any traction with most people any more."

      The problem, the real and specific problem, is that they DO have traction. If they didn't, to paraphrase an early president, "If the people knew... there would be a revolution in the morning".

      The sad truth is, most people simply are not thinking and drawing their own conclusions, nor do most even know how to. And there is plenty of reason to believe that includes you and me, to a lesser extent, so no this is not blanket Joe-sixpack bashing. We live in the world Mr. Orwell warned us about, and that world was not a hypothetical 1984, it was a veiled attack on the society from which he wrote it in 1948. And once you start looking closer, you'll see that we can never really know how deep the rabbit hole goes, Alice (how far back in time). I think that was part of the authors point.

      I've heard that the average American is told what to think, by means of advertising, tv, movies, music, etc, no less than 25,000 times per year.

      Welcome to the modern world, where there are so many distractions that no one has the time to think even if they had trained their minds to do so. Fuck iPods, cell phones, movies, tv's and instant messengers, and goddam 9to5 jail cells for that matter. Give me hours of free uninterrupted time and I can find a plenty of uses for it that dont include laying back and taking a thought injection.

      Is it any fucking wonder that there are soccer moms out there complaining about terrorists and other made for tv pap? Hook, line and sinker, man. Get out and rap with a mall wallowing suburbanite and you will be petrified at the sheer ignorance and hate that is cultivated amonst the multitudes.

      So again, thank you for your comment, and thanks for reading my post.

    47. Re:Not Surprising by magarity · · Score: 1

      They are an independent and neutral arbiter of the law (although you might not know that with the recent calls of "judical activism" when a judge doesn't judge the way someone wants them to)

      No, judicial activism is not when the judgement goes against your own opinion. It's when the judge, for example, orders a state legislature to come up with a law worded in a certain way, or when a judge orders new/different government programs that incur additional costs on the government in effect "legislating" a tax increase on the citizens.

    48. Re:Not Surprising by FuzzyBad-Mofo · · Score: 1

      Wow, I didn't know Rush Limbaugh read Slashdot. Talk about cluelessness. The Nazi's were not socialist. In fact, part of their rise to power was because they were rabidly anti-communist! Sound familiar?

    49. Re:Not Surprising by Momoru · · Score: 1

      I know your a troll but just in case anyone buys into your logic:

      Why do you think we are at war in the middle east? Not because Bin Laden hates our freedom. He said if we drop Israel, he'll leave us alone.

      First of all, Bin Laden has said he attacked us because of our army bases in the holy land of Saudi Arabia. Those bases were put there in the first gulf war. Sure you could argue the first gulf war had something to do with defending Israel, but it didn't really. We would have a presence in Saudi Arabia that would piss off fundamentalists even if Israel didn't exist because we are dependant on their oil.

      And it would have been far better that the UNited States had eithe stayed out of the war, or sided with our German brothers

      The US did try to stay out of the war, they did not join to fight Germany, because there was some support in our country for Germany. We joined because Germany's ally Japan attacked Pearl Harbor, maybe you don't remember that little portion of history that has nothing to do with the rest of your rant.

      So do not dare to criticise National Socialism, because while not perfect it is the only economic system in which the people are not exploited. it's the only system where jobs stay in the country and cheep workers arent brought in to fill them at the expense of the people.

      Even if socialism worked perfect, the issues you are describing are inevitable in anything but a closed perfect system. Because the birth rates are declining so fast in Europe, foreign workers MUST be brought in to maintain the systems that have been set up, since most social programs are structured so that worker base is growing.

    50. Re:Not Surprising by Stone+Pony · · Score: 1
      The fact that the Nazis had the word "Socialist" in their name doesn't make them socialists, any more than the fact that the official name of communist East Germany was the German Democratic Republic made it a democracy.

      It is a fact that Hitler came to power initially through democratic means, just as it a fact that his party had absolutely nothing at all to do with socialism.

      "the nazis were socialist as are most Democrats"

      One of the things that I find most mystifying about the American political landscape is the routine suggestion that the speaker's political opponents actively hate their own country. I'll be voting in the UK elections next week and I won't be voting for Michael Howard, but I don't think that he wants to destroy the nation or anything like that. He just has a different vision of how it should be administered to mine. Believe me, the US Democratic Party is not socialist by any sensible measure. It's just a different bunch of millionaire lawyers with different special interests.

    51. Re:Not Surprising by demachina · · Score: 1


      "The problem, the real and specific problem, is that they DO have traction"

      No argument with most of your post but you took this out of context. I said "newspapers" have no traction, especially independent newspapers whether they be on paper or the Internet. Television and talk radio are the media dominating the way people think, and maybe mix in some big newspaper conglomerates and tabloids.

      --
      @de_machina
    52. Re:Not Surprising by stinerman · · Score: 1

      Agreed.

      The biggest threat to democracy is gerrymandering. It can be proven that a party can win 75% of the seats with 25% of the total vote with sufficiently gerrymandered districts.

      Luckily some well-meaning citizens in my state of Ohio are trying to get a constitutional amendment on the ballot to create a non-partisan board that is in charge of redistricting every ten years. Supposedly, the board will allow the people to submit plans and will decide which plan is the most fair.

    53. Re:Not Surprising by Syberghost · · Score: 0, Troll

      The Nazi's created a giant interventionist government but it worked hand in hand with giant corporations and industrialists much like today's Republican party.

      Such as George Soros.

      Today's neo con Republicans are also big fans of aggressive warfare, you know unilaterally invading countries who haven't attacked you under false pretenses, like Nazi Germany.

      Such as Bosnia.

    54. Re:Not Surprising by chrisopherpace · · Score: 1

      Makes you wonder, how many cases are still pending? The U.S. judicial process takes quite a bit of time...

    55. Re:Not Surprising by CrimsonAvenger · · Score: 1
      Luckily some well-meaning citizens in my state of Ohio are trying to get a constitutional amendment on the ballot to create a non-partisan board that is in charge of redistricting every ten years. Supposedly, the board will allow the people to submit plans and will decide which plan is the most fair.

      Alas, down in the South, redistricting requires approval by the US Department of Justice. And it requires proportional Black-majority districts (that may not have been clear - if the population of the State is 40% Black, 40% of the Congressional Districts must be Black Majority). So Gerrymandering is pretty much required, as the Blacks and Whites don't live conveniently arranged to guarantee the required Black Majority Districts without a few oddly drawn districts (which implies a few oddly drawn White-majority districts as well.

      Interestingly, the legislation that makes this mandatory was passed by the Democrats in 1965...(see Voting Rights Act)

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    56. Re:Not Surprising by mickyflynn · · Score: 1

      Women should just have more babies and fuck the foreigners. They have no right to Europe. And if they are brought in, they nor their projeny should ever be citizens. National Socialism has nothing to do with Marxism. Marxism needs open borders and shit to spread its filthy and disease. A Marxist country cannot stand if there is any industry at all. National Socialism can. My grandfather was a Navy officer and pilot and stationed at Pearl Harbour. He was there. And he still believes to this day that FDR had foreknowledge of the attack. Considering FDR and Churchill were both undersecretaries of the Navy and Admiralty respectivly at the time of the Lucitania attack which got the United States into the first world war, after Zionist Jews offered to get the United States into the war if the British would promise the Jews Palestine, I find it fishy. Two world wars both of which we were brought into in attacks that Rosevelt and Churchil would have had dealings with. Thousands of Americans died in each situation. Bin Laden has talked about both Israel and the Saudi bases. We should have neither. Frankly, I wish Israel would die a horrible death. But we need oil. But if we were not so concerened about Israel we could exercise power over the region with impunity. Or ignore it and just trade with them openly and fairly. But whereever there is trade, Jews will be found. So long as there are Jews.

    57. Re:Not Surprising by siriuskase · · Score: 1

      This is a fine example of why the Federal Government shouldn't make laws that apply to specific states by name. The Voting Rights Act gives more power to the incumbants and even if it didn't, who's going to vote against Civil Rights?

      No, rather than naming names, the law should describe the offense and only apply to those who continue to offend.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    58. Re:Not Surprising by will_die · · Score: 1

      you know unilaterally invading countries who haven't attacked you
      But luckly we got rid of Clinton and his pention do to that.
      Under President Bush we initialed attacks on 1 country after they people under thier control attacked us and after long discussions would not turn over to us for judgement, afganistan.
      Then he reinitialized attacks on one country that would not comply with rules it agreed to and based on world wide intelligence was building up weapons, then after even longer attacks proceded and did the right thing, Iraq.
      Under the B.J. Clinton administration the USA attacked or initiated attacks on 10+ countries.

    59. Re:Not Surprising by Anonymous Coward · · Score: 0

      A work of art. *applauds*

  9. encryption by bbdd · · Score: 1, Insightful

    guess i'd better download skype

  10. OMG!!!! 19%!!!! by dustinbarbour · · Score: 4, Funny

    I'd hardly call that a 'surge." More like a abrupt rise. For me, a surge implies that it is an unstoppable force. 19% is not too awe-inspiring. Its like saying, oh my god.. Slashdot trolls increase by 19%!!

    1. Re:OMG!!!! 19%!!!! by Anonymous Coward · · Score: 0

      Okay, allow me to suggest a raise on your car insurance a month, by 19%, and your rent while we're at it! How about 19% downtime on your leet internet connex?

    2. Re:OMG!!!! 19%!!!! by Phillup · · Score: 2, Informative

      Did you take into account that it rose 48 percent during the previous 10 years?

      That is 4.8 percent a year if figured without compounding from year to year.

      --

      --Phillip

      Can you say BIRTH TAX
    3. Re:OMG!!!! 19%!!!! by rblum · · Score: 1

      Uh - "surge", according to http://www.answers.com/surge&r=67

      "4. To increase suddenly"

    4. Re:OMG!!!! 19%!!!! by ScentCone · · Score: 1

      It's horrible! That means that we're up to nearly, let's see, carry the one... um, less than one thousandth of a percent of the population.

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re:OMG!!!! 19%!!!! by RNelson · · Score: 1

      Apples and a billion apples. There are many more trolls than existing wiretaps, so while 19% is 19%, a 19% in trolls is a much higher number.

    6. Re:OMG!!!! 19%!!!! by FuzzyBad-Mofo · · Score: 1

      So if this rate of wiretaps continue, how long until 100% of the population is under surveillance?

      Paging Big Brother..

  11. Get out the tinfoil hat by Anonymous Coward · · Score: 0

    Damn Patriot Act.

  12. Re:Article text (in case of slashdotting by lantenon · · Score: 2, Funny

    "accounted for four of every four surveillance orders"
    "or about ten out of every nine"

    I was going to ignore it after the first one, but two in one article? C'mon AP, what sort of debacle is this?

  13. Re:Article text (in case of slashdotting by Necrobruiser · · Score: 5, Funny

    Some 1,507 wiretaps -- or about ten out of every nine -- targeted portable devices, such as cell phones and pagers.

    That's about 111%. Nice work with the numbers there.

    --
    "I planned within my means and got a fixed rate mortgage, so where's MY bailout?" -cafepress
  14. Unless things have really changed by Anonymous Coward · · Score: 1, Informative

    They are doing a lot more taps than they are admitting. I was aware of that many taps in (Insert large city name here) during just a few months in the early '90's.

  15. Nobody's Perfect by MoralHazard · · Score: 5, Insightful

    Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received.

    This is a little harsh, I think. First of all, the judge isn't saying "I believe that the wiretap target is guilty, therefore I authorize the wiretap." You don't have to be presumed guilty for a warrant to be necessary--there just has to be some indication that you may be guilty, the purpose of the warrant being to find out for sure.

    Second of all, the system admits that it isn't perfect because human judgement has flaws, and attempts to balance individual rights against the need for effective law enforcement. The US Supreme Court has allowed an exception to search and seizure rules called the "good faith" exception. Basically, the doctrine states that if a law enforcement officer asks for a warrant or executes a search based on a warrant, and it's later shown that the warrant was invalid (shouldn't have been issued, information was bad, whatever), the SEARCH isn't necessarily invalid. As long as the officers involved made an honest mistake, the courts say that they're allowed to use the evidence to prosecute.

    Why's this relevant? Because it shows that the point of the warrant-granting process is to check abusive behavior by law enforcement. It does its best to prevent honest, innocent people from being hassled, but it's not meant to try a case before the evidence is collected!

    It seems likely, then, that in a properly-functioning system, nearly all warrant requests will be granted. Since officers know that someone is watching and second-guessing their warrant requests, they're not likely to try to slip bullshit pretenses in. The officers know the rules in advance, and probably won't bother trying to get a warrant unless they're pretty sure it's going to be successful.

    It's the same reason why District Attorneys, nationwide, have a better-than 95% average conviction rate for cases brought to trial. If they think the case isn't going to stick, they won't try it.

    1. Re:Nobody's Perfect by Whyte · · Score: 1

      This is a little harsh, I think. First of all, the judge isn't saying "I believe that the wiretap target is guilty, therefore I authorize the wiretap." You don't have to be presumed guilty for a warrant to be necessary--there just has to be some indication that you may be guilty, the purpose of the warrant being to find out for sure.

      If it's a normal criminal warrents. But if it's a FISA warrant, by law (Foreign Intelligence Surveilance Act of 1978 + minor USA PATRIOT Act changes) they only need to show that you have "some connection" to a terrorism or counterintelligence investigation. A FISA judge is then REQUIRED to provide them with the warrant.

      --
      -- No matter how great your triumphs or how tragic your defeats, approximately one billion Chinese couldn't care less.
    2. Re:Nobody's Perfect by Anonymous Coward · · Score: 0

      and then you woke up right? gee i guess you forgot about that small percentage who are convicted and are later found innocent?

    3. Re:Nobody's Perfect by Anonymous Coward · · Score: 0

      absolutely not

      i guess you havn't beet harassed by police huh?

      people like you on the jury assume the defendant is guilty

      and assume that the defendant calculated his actions sanely

      and then determine that sentencing him to years of sexual abuse is the way to set hum straight

      fuck you

      and all who think like you

      asshole

  16. Skype myth-busting by js7a · · Score: 4, Informative
    Skype Privacy FAQ vs. Skype Privacy Policy:
    FAQ: Is Skype secure?
    Yes. When you call another Skype user your call is encrypted with strong encryption algorithms ensuring you privacy. In some cases your Skype communication may be routed via other users in the peer-to-peer network. Skype encryption protects you from potential eavesdropping from malicious users.

    Policy: Please be informed that, notwithstanding the abovementioned, in the event of a designated competent authority requesting Skype or Skype's local partner responsible towards such authority, to retain and provide Personal and/or Traffic Data, or to install wiretapping equipment in order to intercept communications, Skype and/or its local partner will provide all necessary assistance and information to fulfil this request.

    If you want real privacy, use SpeakFreely with your own choice of encryption library.

  17. Disturbing... by Anonymous Coward · · Score: 3, Interesting
    What is disturbing is not the rise in wire-tapping. What is disturbing is (quoting the article): Every surveillance request made by authorities was granted.

    You would think with nearly 2000 requests, at least ONE might be found without merit, no?

    I don't usually wear a tinfoil hat, but that scares me.

    1. Re:Disturbing... by amliebsch · · Score: 4, Interesting

      I'd be interested to find out how many, if any, were successfully challenged in a subsequent trial.

      --
      If you don't know where you are going, you will wind up somewhere else.
    2. Re:Disturbing... by Anonymous Coward · · Score: 0

      I would score you at 5 for Interesting.

    3. Re:Disturbing... by Anonymous Coward · · Score: 1, Insightful

      You could also look at this as only 1700 wiretap requests compared to a fairly large number of police investigations. I might suggest that this indicates a reasonable amount of restraint by the police departments. I place a higher trust in the ethics and integrity of the vast majority of police officers as compared to our "representatives" in Congress. If it wasn't for pedophiles and spammers I would have trouble thinking of a group of people that I have less respect for.

    4. Re:Disturbing... by Anonymous Coward · · Score: 0

      there has been 4 denials since 1993...

    5. Re:Disturbing... by tftp · · Score: 2, Interesting
      It doesn't have to be an evidence in a trial:

      Detective: You, boy, said last night to your friend that you stole the widget, and we have a tape to prove that! (plays the tape) You, boy, are in trouble - but if you take the following plea (introduces the plea) we will drop this charge...

      Prisoner: Oh, oh, I see your wisdom, Sir Officer, I confess... (confesses)

      The confession goes into the record and on trial, as well as the presentation of stolen widgets, recovered after the confession. The court never hears about the tape.

      There is, of course, the concept of the fruit of the poisoned tree, but it must be a fairly obvious path between the illegal action and the compromised evidence. For example, it must be shown that the detective would have never found the stolen widgets, with prisoner's fingerprints all over them, if he never had that tape. Even in this contrived example how can you prove that I won't dig under suspect's flower beds? What if I saw the soil as recently touched, for example? Even if I just imagined that?

    6. Re:Disturbing... by Anonymous Coward · · Score: 0

      That doesn't matter much. It is still admissible if it was an "honest mistake".

    7. Re:Disturbing... by amliebsch · · Score: 1
      There is, of course, the concept of the fruit of the poisoned tree, but it must be a fairly obvious path between the illegal action and the compromised evidence. For example, it must be shown that the detective would have never found the stolen widgets, with prisoner's fingerprints all over them, if he never had that tape. Even in this contrived example how can you prove that I won't dig under suspect's flower beds? What if I saw the soil as recently touched, for example? Even if I just imagined that?

      No. First of all, the confession and the stolen widgets in such a fashion is pretty obviously related enough to the illegal search to cause the confession to be invalid. See, e.g., Brown v. Illinois, 422 U.S. 590 (1975). Second, the defendant doesn't have to prove that the evidence would never have been found, the state has to prove that the evidence would have been inevitably found.. A pretty significant difference.

      A good brief on the subject can be found at http://www.cjlf.org/briefs/Fellers2.htm

      IAAL; I represent the state in criminal court.

      --
      If you don't know where you are going, you will wind up somewhere else.
    8. Re:Disturbing... by Anonymous Coward · · Score: 0

      I'd be more interested to find out how many (if any - my tinfoil hat is still not a great fit) of those taps never came to a trial at all because they did not relate to a case.

  18. Wiretapping 101 and more by karvind · · Score: 5, Informative
    A good introduction to Wiretapping and Outside Plant Security

    Our old story on VoIP Wiretapping

    Interestingly in U.S., there are serious legal restrictions on the use of wiretaps by police agencies. The Supreme Court has consistently held that wiretaps qualify as searches under the Fourth Amendment.

    Article on related topic of Open Internet Wiretapping: Carnivore

    IETF (Internet Engineering Task Force) policy on wiretapping which says: The IETF restates its strongly held belief, stated at greater length in [RFC 1984], that both commercial development of the Internet and adequate privacy for its users against illegal intrusion requires the wide availability of strong cryptographic technology.

    Another issue: Is Dialing Into a Conference Call an Interception?

    1. Re:Wiretapping 101 and more by Anonymous Coward · · Score: 0

      raasa, aravinda...

      veetukku poda

    2. Re:Wiretapping 101 and more by stinerman · · Score: 1

      The IETF restates its strongly held belief, stated at greater length in [RFC 1984]

      Heh. The IETF policy on crypto is in RTF 1984. Hopefully, Orwell is laughing somewhere.

  19. Patriot Act! by PsychicX · · Score: 3, Funny

    Real patriots have their phone lines wiretapped 24/7!

    1. Re:Patriot Act! by Anonymous Coward · · Score: 0

      Do I smell a new /.ism?

  20. Ignoring a relevant metric... by Anonymous Coward · · Score: 0

    Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received.

    Well, how many cases were there where the wiretap evidence was suppressed? If the initial request wasn't legally valid, then a court can throw out the illegally obtained evidence.

  21. A Little Bit of Paranoia Mixed In? by JenovaSynthesis · · Score: 3, Informative

    I find it hard to believe that these are just "rubberstamps" seeing aswithout any concrete evidence to justify the wiretap, any evidence they would gather from one or as a direct result from one would be not be admitted as evidence due to that whole 4th Amendment thingy.

    Plus the article gives a plausible technological reason the increase given that it takes more stuff these days to nail people. Can't exactly bust someone plotting over blackberry, etc through pre-blackberry techniues.

    --
    Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    1. Re:A Little Bit of Paranoia Mixed In? by HD+Webdev · · Score: 4, Insightful

      I find it hard to believe that these are just "rubberstamps" seeing aswithout any concrete evidence to justify the wiretap, any evidence they would gather from one or as a direct result from one would be not be admitted as evidence due to that whole 4th Amendment thingy.

      That's true...if the courts haven't frozen a persons assets first. Then, the person can't pay an attorney to fight with the 4th amendment. Well, unless that person has A LOT of cash stashed somewhere.

      In Michigan, it's often the case that a person being accused of say 'manufacturing drugs' (1 pot plant will do even on a 40 acre property) will end up with all valuble assets seized before any trial. Then, when the person is convicted, those assets are split between law enforcement agencies.

      This really sucks because the defendant can't afford a decent attorney because his assets are all locked up. (Drugs may be bad, but not letting a person hire a competent attorney to prove they weren't the person who did it is worse).

      I've sat in for a few trials. And, it's been my extreme discomfort twice to have seen a judge say 'the 4th doesn't apply, your house wasn't large enough and the police were just protecting themselves and the defendant by searching for danger in the immediate vicinity'.

      If the 4th won't protect those in Michigan from judges like that, how will it help protect against unnesessary wiretaps?

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    2. Re:A Little Bit of Paranoia Mixed In? by JenovaSynthesis · · Score: 1

      Well, if they have a slam-dunk defense, those things will be released back to the suspct and he can pay an attorney based on that. If that fails, one can contact an organization like the ACLU and see if they will take the case. The ACLU usually does regardlss of the offense in question if there is an obvious abuse.

      And even if a state judge says "the 4th does not apply", their word does not mean anything if Detroit disagrees. Seeing as there is a violation of the US' 4th Amendment, Detroit would have juristiction for an appeal.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    3. Re:A Little Bit of Paranoia Mixed In? by HD+Webdev · · Score: 1

      And even if a state judge says "the 4th does not apply", their word does not mean anything if Detroit disagrees. Seeing as there is a violation of the US' 4th Amendment, Detroit would have juristiction for an appeal.

      Why in the world would Detroit have anything to do with appealing Michigan state court decisions?

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    4. Re:A Little Bit of Paranoia Mixed In? by Anonymous Coward · · Score: 0

      I think the laws of probability are against you, however the department of homeland security would love would love to have you in their "patriot in a backpocket" division.

    5. Re:A Little Bit of Paranoia Mixed In? by JenovaSynthesis · · Score: 1

      Because an appeal based on federal law can be heard in federal court, just like the UMich lawsuits were.

      I just say "Detroit" becase that's where it is in this part of the state. Cinncinnati would equate to the 6th Circuit Court of Appeals where MI's federal cases funnel into.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    6. Re:A Little Bit of Paranoia Mixed In? by JenovaSynthesis · · Score: 1

      DHS would use the more secret ones which were not part of the statistic. Those are held to a lesser standard than the ones that were included in the stat.

      And I doubt DHS would love having me there since I am a frequent and vocal critic.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
  22. Sample conversation with judge by caluml · · Score: 1, Insightful

    Hey Judge, grant this for us.
    Hmm, no, I'm not sure.
    Erm, it's terrorism related.
    Oh, shit, well, I guess I'd better.

    1. Re:Sample conversation with judge by JenovaSynthesis · · Score: 1

      That conversation runs a high risk of evidence being tossed out either at trial or on appeal.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    2. Re:Sample conversation with judge by CosmeticLobotamy · · Score: 2, Informative

      As fun as it is to reduce judges to idiots and cartoon villians, a whole bunch of them actually are competent. These things are granted because that's what's done. Judges don't assume cops are full of shit. But the system still works. It keeps the numbers down to 2,000 warrants that someone keeps track of instead of 200,000 searches whenever a cop feels like it that no one hears about.

    3. Re:Sample conversation with judge by Phillup · · Score: 0, Troll

      That's the Republican interpretation of "a judge must authorize".

      They say authorize and the judge must do it.

      --

      --Phillip

      Can you say BIRTH TAX
    4. Re:Sample conversation with judge by Anonymous Coward · · Score: 0

      No, these numbers don't include terrorism related wiretapping.

      Because, apparently, it's not wiretapping.

      Funny world we live in.

    5. Re:Sample conversation with judge by Anonymous Coward · · Score: 0

      that's the /. version of intelligent political thinking

  23. FBI, business as usual by Anonymous Coward · · Score: 0

    That explains the strange clicks on the line. . .

    1. Re:FBI, business as usual by myke113 · · Score: 1

      No, that's what the ECHO is on some calls..

      Sheesh!

      --

      -Myke
      myke@compassionatecoalition.org
      http://www.compassionatecoalition.org
  24. be intresting by Amouth · · Score: 2, Insightful

    What was our population increase in 2004?

    --
    '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    1. Re:be intresting by Anonymous Coward · · Score: 0

      NOT 19% dude. Not ;)

    2. Re:be intresting by Amouth · · Score: 1

      Yea but it has to off set the the amount by a good bit.. i am sure we had some population growth as i haven't met many people leaving but have seen alot come in

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    3. Re:be intresting by NumbThumb · · Score: 1

      The average annual growth seems to be ~1%, according to this, at least up to 1999.

      That being said - sure you havn't met many people leaving - they are not longer there! duh.

      --
      I have discovered a truly remarkable sig which this 120 chars is too small to contain.
    4. Re:be intresting by Anonymous Coward · · Score: 0

      Why would they tap babies phones?

    5. Re:be intresting by Amouth · · Score: 1

      ok then what was the increase in population >18 years of age that can very greatly

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  25. I like this part. by FreeLinux · · Score: 1, Redundant

    New York, California, New Jersey and Florida -- accounted for four of every four surveillance orders, according to the Administrative Office of the U.S. Courts.

    Now those are some numbers that are hard to argue with.

    1. Re:I like this part. by Anonymous Coward · · Score: 0

      "four states -- New York, California, New Jersey and Florida -- accounted for three of every four surveillance orders, according to the Administrative Office of the U.S. Courts."

      You can argue with these though, which are correct, so in fact they're hard to argue with.

    2. Re:I like this part. by Atzanteol · · Score: 1

      At least it's not five out of five! Then I'd be nervous...

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    3. Re:I like this part. by Anonymous Coward · · Score: 0

      Some 1,507 wiretaps -- or about ten out of every nine -- targeted portable devices, such as cell phones and pagers.

  26. enjoy it while it lasts by t_allardyce · · Score: 2, Informative

    As soon as even low grade encryption becomes common the police are going to be screwed. The only reason normal phone lines arn't encrypted phone-to-phone is because it would be a hassle and would lower the quality (some sort of 56k modem in your phone, unless you can do some other trickery modulating with noise). As soon as you get to the realm of VoIP and phones have some processing power encryption starts to become something a system just 'might as well do'. Obviously man-in-the-middle would be a possibility but its trivial to just make a call and at the start read out a portion of your key and let the other person confirm it.

    --
    This comment does not represent the views or opinions of the user.
    1. Re:enjoy it while it lasts by flyingsquid · · Score: 2, Insightful
      The only reason normal phone lines arn't encrypted phone-to-phone is because it would be a hassle and would lower the quality (some sort of 56k modem in your phone, unless you can do some other trickery modulating with noise).

      Well, that, and there may not be a huge demand for it. Most people don't have much worth hiding. I mean, in principle I don't want the cops listening in on my phone conversations... but really who wants to listen to my mother tell me what the weather is like where she's at and complain about how lousy her week was?

    2. Re:enjoy it while it lasts by MikeBabcock · · Score: 1

      Most people don't care about their privacy until its violated.

      Identity theft is a huge issue, if people understood how it happens.

      My wife didn't think that it was worth the extra money for the encrypted baby monitor set -- then I changed channels on the cheaper one while walking around the local townhouses so she could listen in on people's home conversations.

      She wouldn't use it anymore after that.

      --
      - Michael T. Babcock (Yes, I blog)
    3. Re:enjoy it while it lasts by Mant · · Score: 1

      I assume they will just pass a law requiring companies supplying voice over IP calls to make them tappable.

    4. Re:enjoy it while it lasts by t_allardyce · · Score: 1

      if its done end to end by the phone, then theres not much they can do - people will be able to download software/firmware to get rid of any 'back doors' that might be introduced, the only thing left is to trick the users phone into negotiating a key with a 'man in the middle' instead of the other users phone, this can be stopped by simply comfirming the key with the other caller during the call, or just arrange a key in real life. While this worries me for real situations (terrorism etc) where the police probably should be able to tap, its the natural course of the technology and they will just have to find another way to do things.

      --
      This comment does not represent the views or opinions of the user.
    5. Re:enjoy it while it lasts by t_allardyce · · Score: 1

      Exactly, but when its a question of a phone being computerised, having encryption will add almost nothing to the cost - it might as well be default - Skype is for example, you never have to deal with it.

      --
      This comment does not represent the views or opinions of the user.
  27. Summary Is a LIE!!! by Anonymous Coward · · Score: 0
    Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."

    I just RTFA, and nowhere did it say how what percentage was approved vs. rejected. It looks like the poster just made this "fact" up out of his ass in order to make the big bad gubmnt look bad.

    The summary should be edited and lie removed.

    1. Re:Summary Is a LIE!!! by Phillup · · Score: 4, Funny
      I just RTFA, and nowhere did it say how what percentage was approved vs. rejected.

      George Bush... is that you?

      Did you really read it?

      Huh?

      Even the first paragraph?
      The number of court-authorized wiretaps jumped 19 percent last year as investigators pursued drug and other cases against increasingly tech-savvy suspects. Every surveillance request made by authorities was granted.
      See the last sentence? That would be what we call a "word problem".

      It goes something like this:

      Every WMD in Iraq was destroyed, how many are left?
      a) none of them
      b) all of them
      c) I'm invading anyway
      d) all the above
      --

      --Phillip

      Can you say BIRTH TAX
    2. Re:Summary Is a LIE!!! by Anonymous Coward · · Score: 0

      I'm glad this was your dumb post and not mine, AC!....DOH!

  28. that's all? by davidesh · · Score: 2, Interesting

    1754... that's all?

  29. or.... by mangus_angus · · Score: 1

    "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received." Lol, or they just do what our county police do. Wait till three or four am and call a judge, telling them how VITAL it is that they have this right now or these horrible horrible people will get away. Lol, they will sign about anything.

  30. Silly by sheldon · · Score: 4, Insightful

    Of course wiretaps went up..

    It was an election year, after all. ;-)

  31. Damn right! by -Harlequin- · · Score: 2, Funny

    Looks like those paper-pushing nancy-boys down at City Hall have finally realised we're fighting the good fight down here. This is the street, man, and it ain't pretty. I don't need no panty-waisted girly-man bleating about "civil rights" and "due process", that's exactly the kind of BS that gets the bad off on "a technicality".

    "Technicality" my ass! I bagged that scumbag fair and square. If those assholes think I should have waited until I had evidence, they're living in fairyland. /not ragging on cops, just how the "renegade cop who doesn't do things by the book but gets the job done" cliche is so popular in Hollywood while so despised in real life. :-)

    1. Re:Damn right! by -Harlequin- · · Score: 1

      Crap, it removed my end-tags, now there's no context.

      Some of the missing context:
      I'm not ragging on cops, just having fun with the "renegade cop who doesn't do it byt he book but gets the job done" stereotype that is so popular in movies but so despised when you actually meet him in real life. :-)

    2. Re:Damn right! by Anonymous Coward · · Score: 0

      Heh, you're a fucking moron.

  32. barf by floodo1 · · Score: 0

    yeah im so tired of judicial activism. stupid judges think they can allow the police to invade everyones privacy! judges need to be put back in their place and stop creating laws from their benches. seriously we need more good moral conservative judges!!!!!!!!

    -----now back to reality (aka me NOT being a tired right wing mouthpiece)-----

    idk maybe more people are committing more crimes? or maybe po po are doing their job better?

    hard to say just from this single statistic whether this is good or bad.

    --
    I KUT J00 M4NG!!!
  33. What difference? by Anonymous Coward · · Score: 1, Insightful

    Court orders relating to terror-related investigations are not included in the wiretap statistics...

    So what? The use of the Patriot Act has been shown to be used in terrorist activity almost not at all! Instead, it has been used against drug dealers, tax evaders and even Congressmen from Texas, but NOT against terrorists!

    Note that this is the exact opposite of what they said when lobbying for the Patriot Act in the first place. Dramatic proof that our forefathers knew exactly what they were doing when they founded this country. You cannot trust government!

  34. Shows a change in attitude more than anything else by EmbeddedJanitor · · Score: 2, Interesting
    What has limited wiretapping in the past has really been real or perceived resistance from the public (ie. either Joe citizen sqealing or the fear that he will squeal). What these numbers really show is that the "justice system" thinks that Joe citizen has been desensitised and will not squeal.

    Even though these numbers don't include terror investigations (which are no doubt being used quite liberally [that kid who shoplifted from the Seven Eleven **might** be doing it to feed terrorists]) the net effect is that people still feel threatened and feel that intrusions are part of the "War on drugs/terror/whatever".

    --
    Engineering is the art of compromise.
  35. Oh, come on by wackywendell · · Score: 5, Interesting

    There's 300 million people in the US, and there were less than 2000 wiretaps. That's one wiretap per 150,000 people...that seems mighty low to me, especially since I live in a drug-infested suburban town with a whopping 5,000 people which therefore had a 1 in 30 chance of ANY wiretapping at all in the past year, as I would say that my town is no more likely to have a wiretapping than the average, but I could certainly imagine one being needed. It seems to me like saying, "Holy shit! Wiretappings have risen from 10 to 100 in the US in the past year! that's a 900% increase!" It's too small for an increase of any size to make much difference.

    1. Re:Oh, come on by Anonymous Coward · · Score: 0

      Of course you could just legalize drugs and wouldn't need those wiretaps. But no, jealous asshats like you want to jail people just because they have fun. Thank you, asshole.

    2. Re:Oh, come on by kinnunen · · Score: 1
      I was amazed that the number was so small. Finland with a population of only 5 million people issued 1840 wiretap permits in 2003 (that is pretty scary).

      The discrepancy is so large that I'm not sure this is an apples to apples comparison, perhaps there is some fundamental difference between the systems that inflates our numbers

    3. Re:Oh, come on by dabigpaybackski · · Score: 2, Insightful
      There's 300 million people in the US, and there were less than 2000 wiretaps.

      That's the official number, which is provided by the government. Now how many warrantless wiretaps did they perform?

      You're presuming that the government is on the level when they furnish us with these fanciful numbers. History shows that we have every reason to be skeptical of anything any government says. It is in their interest to decieve people.

      The credulity with which citizes treat these official statements is baffling. It's like battered-woman syndrome: the victim keeps believing the promises of her abuser to "never do it again," even after successive relapses of abuse. In the end, her low self-esteem, accompanied by her naive belief that she can redeem her lover of his cruelty, leads to her downfall, whether it comes quickly or slowly.

      But it's a more insidious relationship for those who live under the "soft" despotism of the American state, because most of it's victims don't even realize that they are being abused. They simply accept each new press release as true, even after they learn that the previous one they heard was false. Why such trust?

      "You know a tree by its fruit." Or something like that. There, I'm done venting.

      --
      "OH SHIT, THERE'S A HORSE IN THE HOSPITAL!"
    4. Re:Oh, come on by Anonymous Coward · · Score: 0

      It seems certain that these numbers only involved *federal* wiretaps in a certain category, and since there are a lot of state, county and local police agencies out there, the numbers must be huge.

    5. Re:Oh, come on by Anonymous Coward · · Score: 0

      That's one wiretap per 150,000 people...that seems mighty low to me

      Jesus fucking christ, go back to Russia, you fucking commie pinko slimebag. Real Americans aren't pansy fuck nuts like you that allow their government to fuck them in the ass. Go live in a dictatorship, you cock biting ass ramming uncle fucking dick licking stupid jack off fuck.

      Fuck, I hate you unamerican pieces of shit. Die in a hole, shitdick.

    6. Re:Oh, come on by Anonymous Coward · · Score: 0

      Well, if you aren't going to trust the numbers given, then this entire conversation is bogus to begin with, because a 19% rise no longer means anything.

    7. Re:Oh, come on by Threni · · Score: 1

      > I live in a drug-infested suburban town

      Do you mean drugs that are implicated in the vast majority of crimes (especially those involving violence and theft), or just the illegal ones (where the problems stem, ironically, from their very illegality!).

  36. What the hell? by game+kid · · Score: 1

    So now they're replacing phone-sex whores with...burly FBI agents?

    *sighs* What must a [horny single|unhappy spouse] do to privately get off these days...

    Well if I hear one of those guys wiretapping me I'll...uh...wiretap them and...uh...find their cellphones in the trash...while I...get trapped in...a...sting...D'OH!

    --
    You can hold down the "B" button for continuous firing.
  37. Re:Article text (in case of slashdotting by HD+Webdev · · Score: 1

    "Drug dealers now are making use not just of traditional cell phones but a variety of devices, including Blackberries, pagers, and Nextels. So most likely these increased wiretap numbers simply reflect law enforcement's continuing efforts to keep pace with both the tactics and technology that is being used on the street," said Barr.

    Someone needs to let Nextel know that they don't have traditional cell-phones.

    Er, wait, it's now Sprint-Nextel which has incorporated all of the features of Nextel cell-phones into Sprint ones.

    --
    This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
  38. It's a Trap! by Bif+Powell · · Score: 1
    "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."
    ...and Fark's usually lame, and over-used dog-wants-his-whatever-hilarity-ensuing-welcoming- our-whatever-overlord-isms spill over onto the last bastion of geekdom. Your dog wants his Internet back!
  39. Just because they're tapping your phone by WillAffleckUW · · Score: 1

    and have your computer bugged with a keytrap, doesn't mean that you're guilty.

    But in the USA, you might as well be.

    Sigh.

    --
    -- Tigger warning: This post may contain tiggers! --
  40. This will never happen... but.... by John+Seminal · · Score: 2, Insightful
    This makes a certain sense. Law enforcement, both police and judges, must feel they are on the same side and under siege by the forces of crime. After all, that's all they see and work with every day. So just as units of soldiers bond and stand up for each other, I imagine it must be tempting for judges and police to bond, or at least feel they are both working the same job from different angles. So they are probably predisposed to think the police know what they are doing when they ask for a wire-tap. Most of the time, they are probably right.

    But yeah, it sure does allow the slip-ups (and the occasional outright corruption) to get through mostly unchallenged. That's the downside, and a good reminder why a citizen should never give their governing structure any kind of power without realizing they will use that power early and often and repeatedly, and when someone becomes corrupt it will get used in a corrupted manner. And with very little in the way of real checks and balances in a practical sense.

    Maybe we need a law that says judges who approve 80%+ of the requests for warrents they recieve in a year, must have those cases reviewed to see if they all panned out.

    If a judge approves a wire tap, and only 60% or less of those warrents lead to convictions (not just an arrest), then we have a problem. A Judge needs probable cause, and for me probable cause means the police already has strong evidence the person is going to break a crime.

    There is one website, I will not mention it here, it is used by police officers (if you google, you will find). They talk about everything. Some forums are public forums (anyone who registers can read and post), and other forums are hidden, you must be part of a group to post. I saw that hidden area once and I was shocked to read some of the "tricks" police use to get warrents, to harrass people, and to stick together. For example, if a police officer thinks a judge will be resistant to approving a warrent, they will hit up some neighborhood scum to say "yeah... he is about to sell drugs from his house this weekend". And one other dirty trick. Say a police officer has a real and valid reason to believe you have a stolen car in your garage. This is a true story by the way from that forum. The police officer asked for advice with getting a warrent, because he wanted it all legal. One of the other experianced police officers told him to include drugs on the warrent, because if he does not, he can only search the garage and not desks or cabinets. One of the requirements of a warrent is you can only search for what you're looking for. So if he gets a warrent for a stolen car, and finds drugs hidden in the silverware cabinet in the house, they can't arrest the person for the drugs (unless the person is an idiot and lets them search, or gets a crappy public defender).

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:This will never happen... but.... by Hentai · · Score: 2, Insightful

      If a judge approves a wire tap, and only 60% or less of those warrents lead to convictions (not just an arrest), then we have a problem. A Judge needs probable cause, and for me probable cause means the police already has strong evidence the person is going to break a crime.

      How do you keep that from encouraging collusion among judges, to increase conviction rates?

      --
      -Hentai [in vita non pacem est]
    2. Re:This will never happen... but.... by amliebsch · · Score: 1

      Just so you know...public defenders are often far better than a good portion of the private defense bar, especially the private defenders that take appointements.

      --
      If you don't know where you are going, you will wind up somewhere else.
    3. Re:This will never happen... but.... by Artifakt · · Score: 1

      I used to occasionally have to search property (during my time as a comissioned officer). Even under miltiary law, there were plenty of conditions, i.e. if I was doing a health and welfare inspection, what was found was not relevant to criminal charges. (Normally when you do a health and welfare inspection of the actual bunkrooms in an enlisted barracks, you're looking for things like boxes of cookies and other junk food, and usually, only siezing it if it's stored in a manner so as to attract roaches and help spread diseases. Private "Smart enough to use Tupperware" normally gets cut some slack. If a searcher found drugs, the drugs were siezed, tagged with only the barracks name and no other details, and taken to be incinerated, but no charges were filed). In the same way, even in an army barracks, if you're searching for a stolen radio, you can't look inside a drawer too small to possibly hold it. What's being searched for gets publicly announced to the whole unit, and so on.
      We had frequent 'brainstorms' usually from some new lieutenant, about ways to get it on some person's record or otherwise not let the drug posessors off with just the loss of their drugs in such cases. Overall, I found most senior officers and just about all the senior NCOs didn't want to 'stretch' the rules to get convictions. There's a genuine lot of respect for the constitution in most senior Army personnel.
      One thing it pointed out though, is that drugs are a great excuse to search all sorts of tiny niches and crannies. Because drugs are sometimes in such tiny packages, absolutely everywhere became a legitimate search target. Another trick some people tried in the military was ammo searches. Take the unit to the range for training, count the rounds assigned and the number of people who actually fired, and if there's a little ammunition unaccounted for, it was theoretically legal to search for it like lots of different soldiers had each smuggled off a bullet or two. People suggested making sure there were always some pistol range activites included, as pistol bullets are much smaller, decreasing the minimum possible size places to search even more. You could sometimes spot when someone was trying to set up for a search later, because they would print up the range agenda with clauses like "Time permitting, soldiers will be offered the opportunity to familiarize themselves with the 9 mm pistol even if it is not their primary weapon".
      Drug's tiny sizes also justify those invasive body cavity searches that aren't permitted for a lot of other cases.
      In your car example, the police man could have sought a warrent claiming that he had reason to believe the car was either still all there, or had been already dismantled there in a quick chop-shop style operation. That would have let him search even very small locations for possible pieces of that car, even without adding drugs.
      Kiddy porn (or other "obsenity") is a very possible red-herring item when the law starts breaking the rules. If it's suspected to be there as actual photos, the policeman can search every location big enough to hold a polaroid print, and since it might be stored in electronic form instead, it often justifies siezing the suspect's PC as well, which our pervious examples don't.

      --
      Who is John Cabal?
  41. The Horrors by Wyatt+Earp · · Score: 3, Insightful

    "...surged 19% in 2004 to 1,710."

    1710 taps , how many phone lines in the US?
    Telephones - main lines in use: 181,599,900

    Telephones - mobile cellular: 158.722 million
    http://www.cia.gov/cia/publications/factbook/geos/ us.html#Comm

    340 million lines in the US.

    Should have been from the uncle-sam-isn't-listening to many dept.

    Here come the slide to Nazi Germany and whatnot posts.

    "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."
    Or maybe Judges demanded a crapload of extra evidence for the tiny number of wire taps approved.

    1. Re:The Horrors by Waltan+Hammett · · Score: 0

      Of course, it all depends on what one means by "one wiretap". A single order can cover multiple phones... There have been some spectacular cases of abuse when only "one" wiretap was involved.

      http://pd.co.la.ca.us/CACJ.htm

      In this case, one wiretap meant '..twenty-two more telephones and an entire Cellular Telephone Company the first month. Continuing for another 21 months, and adding more telephones with each extension, the wiretap on the Atel Cellular Telephone Company finally ended almost two years later having wiretapped some 250 telephones. That figure does not include the hundred or so telephones intercepted by "spin-off" wiretaps which named the same cellular telephone company as the target...'

      The details of the case are pretty shocking, to include the willingness of the police and prosecutor's office to lie under oath and resist every attempt to scrutinize what they were doing. THIS type of activity is why people start to react with understandable concern. "The Horrors" indeed!

      --
      W = (-president)^1/2
  42. Hey, Beavis... by Anonymous Coward · · Score: 1

    If the judges and the police are "on the same side" concepts like probable cause go out the window (see police state).

    They've generally seen themselves as "on the same side" all along, and we're not a police state yet. It takes a lot more than a little coziness for that to happen. It takes a willingness on the part of judges to rule entirely according to their personal whims rather than on the law -- either that, or a legal system that gives people no rights to begin with. What we're seeing here is not a sudden collapse of the entire judiciary into pure untrammelled arbitrariness. Things may be slipping a bit. But the sun will still rise in the morning.

    So, this looks like a bad trend to me, but I wouldn't start hiding under the bed already. What's sad is that whenever anybody says "judicial activism", you immediately salivate at the bell and start pounding the table about those DAMN RIGHT WINGERS... Obviously, everything they say is wrong, because they're not "us" -- they're "THEM"! NOOOO! MOMMY, SAVE ME! But quite seriously, most people on the "right" care very much about civil liberties. People on the right are capable of doing the right thing, and people on the left ARE capable of doing the wrong thing. Get it? Like, they're human, and therefore fallible? Like, you're seriously kidding yourself if you trust somebody just because he's a member of the party whose mascot is a donkey instead of an elephant? Or vice-versa? If Hitler were a registered Democrat, some of you morons would decide he had the right idea after all. Partisanism rots your brain, kid. That's true regardless of which party you belong to. Conservatives do it too. Nowadays they're not going bugfuck psychotic with it like a lot of liberals are, but we all remember Ken Starr, don't we? Nobody is immune.

    It's your kind of blind partisanism that kills democracies. When this one dies it won't be the Dems alone who deserve the blame, but they'll have their fair share.

    1. Re:Hey, Beavis... by stinerman · · Score: 1

      This is gonna be fun.

      What's sad is that whenever anybody says "judicial activism", you immediately salivate at the bell and start pounding the table about those DAMN RIGHT WINGERS

      Nowhere in my post do I talk about "DAMN RIGHT WINGERS". If you assumed that, then I'm sorry.

      But quite seriously, most people on the "right" care very much about civil liberties.

      I agree. Many conservatives do. Neo-cons? Not so much.

      Partisanism rots your brain, kid. That's true regardless of which party you belong to.

      I agree again. I'm an independent (after being pseudo-affiliated with the Green Party for a few years). I voted for Badnarik (in Ohio no less!) for President and an independent for Senator.

      I suggest you quit jumping to conclusions before flaming people; it may come back to haunt you.

  43. quick! by Anonymous Coward · · Score: 0

    everyone jump up and down!

    freak out!

    AAAH SKY FALLING OMG OMG WTF LOL ROR !@!!@@one!at!

    aah sky aah aah

  44. Read the FAQ carefully by Yolegoman · · Score: 1

    Skype encryption protects you from potential eavesdropping from malicious users.

    My bet is they don't include "Law Enforcement holding a warrant" as a "malicious user". ;)

    1. Re:Read the FAQ carefully by js7a · · Score: 2, Interesting

      It doesn't say "law enforcement," it says "designated competent authority." In practice, after subpoenas reach a certain volume, "designated competent authority" comes to mean "anyone who sends us a fax which looks half-assed reasonable and answers their phone number 'Sgt. Fibber, Metro Police,' whereupon we will email your recordings of all your Skype calls to their hotmail account."

  45. ROFLMAO by Anonymous Coward · · Score: 0

    n/t

  46. Re:Article text (in case of slashdotting by Anonymous Coward · · Score: 0

    Oddly enough, the actual article (not copied text) doesn't seem to have these two errors.

  47. KLOC by Anonymous Coward · · Score: 1, Informative

    Maybe we need a law that says judges who approve 80%+ of the requests for warrents they recieve in a year, must have those cases reviewed to see if they all panned out.

    If a judge approves a wire tap, and only 60% or less of those warrents lead to convictions (not just an arrest), then we have a problem. A Judge needs probable cause, and for me probable cause means the police already has strong evidence the person is going to break a crime.

    The statistics approach to performance evaluation has proven destructive everywhere it's been tried, in every field. Look at what's happening in the UK, where police simply ignore problems in order to keep their statistics looking good. It sounds appealing, but it's not the answer.

    By the way, "probable cause" usually means they have compelling reason to believe you already did commit a crime, not that they figure you're thinking real hard about it. Not that the latter won't do just as well, if you've taken concrete steps towards doing it. Like going ahead and building a bomb, maybe. That usually makes a bad impression.

    In general, you do have a point: The cops know the system and they can abuse it. So could you, if you knew it as well as they do, but you don't, because that's not your job. This has been going on as long as there have been police. There's no cure; all you can do is try to keep it under control. Life sucks.

  48. In case of slashdotting.. by lxw56 · · Score: 2, Insightful

    You're posting the text of a San Francisco Chronicle article, circulation +.5mil, so it isn't slashdotted? I am grateful to be able to RTFA without having to click the link, but I think they don't need to worry about slowing down from slashdotting.

    1. Re:In case of slashdotting.. by QMO · · Score: 1

      This article reprint wasn't posted in case of slashdotting, it was posted to deliberately introduce errors.

      --
      Exam 4/C again. Maybe I'll do better this time.
  49. look at the baseline by corvi42 · · Score: 2, Interesting

    A common mistake everybody makes when looking at statistics like these is to forget about the baseline.

    As they said in the article, this increase is probably due to the increase in how much various kinds of wireless devices (cellphones, blackberries, etc. ) are being used by criminals. If you wanted to confirm this, you'd have to see whether there really was such an increase. Does the general population use these kinds of devices 19% more this year than last? Do criminals? Perhaps they have been increasingly using them over several years, and only now have the police started to modify their tactics. You can only build up an argument that there is in fact an increase in "big-brotherish" surveillance if the number of such wiretaps goes well beyond the "need" for them.

    More disturbing is the claim that Judges didn't reject a single request. This seems very wrong at first - especially when you have cop shows in the back of your mind where the crusading good-hearted but somewhat over-enthusiastic cop goes out searching for warrants from an old level-headed judge with flimsy evidence. It seems that there should be at least a few of these warrants which are rejected. Does are image of cops meet the reality? AlexB892 points out that it is seen as bad for a cop's career to have a wiretap requst rejected. Are cops really so diligent? Again - look to the baseline. What is the average number of rejected requests in any one year - these stats must be available somewhere. If you find that the average is only one or two rejections per year, then it seems reasonable that in any one year there might not be any at all. However, if it is much higher, you might question whether judges aren't being diligent enough in their scrutiny of the cops.

    Always take statistics with a grain of salt - they're only numbers, and can be interpreted in many ways. If they're presented in the right way, they can seem to be strong evidence for some growing trend - but you really need other figures which give you the "context" to see if this is realistic - or just somebodies rhetoric.

    --

    There are a thousand forms of subversion, but few can equal the convenience and immediacy of a cream pie -Noel Godin
    1. Re:look at the baseline by Anonymous Coward · · Score: 0

      only 4 denials total since 1993

  50. New technology to streamline rubberstamping. by rice_burners_suck · · Score: 1, Funny
    In other news, Bill Gates and Darl McBride today announced immediate availability of a product made jointly by Microsoft and SCO, codenamed Softjudge 2005 Enterprise Edition. The software will allow government agencies at all levels to streamline rubberstamping of all types of requests related to the reduction of unnecessary privacy. The software is said to control a solenoid attached to a rubber stamp of approval. The solenoid actuates each time a wiretap request form, search warrant, or other such document is passed under it.

    The technology aims to replace human judges, who may perform the process more slowly. This news comes days after Microsoft won approval on a patent that covers use of artificial intelligence to replace humans in legal professions.

    "The artificial intelligence in our system will get it right 100% of the time when it comes to approving wiretaps, search warrants, and other such documents," said Gates in an interview.

    Darl McBride said, "We are excited to bring new opportunities for freedom and privacy to citizens throughout the country." SCO is currently filing a lawsuit against the solenoid manufacturer, claiming it stole intellectual property belonging to SCO. Apparently, since SCO is using a solenoid in the product, and the supplier's solenoid appears identical to the solenoid SCO buys from the supplier, that is proof that the supplier stole SCO's intellectual property.

    Micro$COft. Where do you want to go today?

    1. Re:New technology to streamline rubberstamping. by Anonymous Coward · · Score: 0

      Clippy?

      "Looks like you're trying to get someone arrested!
      Would you like to: Wiretap | Stakeout | Beat the up | Pastry?"

  51. Land of the Free by Marcion · · Score: 2

    Is America still the land of the free? Apparently not...

  52. The Government NEVER lies by Anonymous Coward · · Score: 1, Informative
    I just heard the end of this story on ABC news last night. When I saw this topic, I knew I had to bring it up.

    A former CIA agent, Ed Wilson, was released from jail after 22 years because he was able to show that the government lied about his case. One of the charges that he was convicted on was selling 20 tons of C-4 to Libya.

    He claimed that, even though he was no longer employed by the CIA, that he was working with them at the time. The prosecution produced a document that said he had no substantail contact with the agency after he left it. This was a lie. He had more then 80 'non-social contacts' after he left and the gonvernment knew this. The railroaded him.

    His conviction on the explosive charge was overturned and he is now out of jail. He is currently involved in legal action over his false conviction.

    Wilson is a scumbag. It is also likely that he was involved in running drugs for the CIA before Iran-Contra. Even so, he was raped by the CIA and DOJ. An investigation is in the works, but Wilson is already 71 and I expect that they will drag it out until he dies.

    Now think about all those wire taps and how they were justified.

    Check out http://www.disinfo.com/archive/pages/dossier/id334 /pg1/ and http://abcnews.go.com/Nightline/Investigation/stor y?id=708779&page=1

  53. In other news.... by derEikopf · · Score: 0

    In other news, America's population increases.

    1. Re:In other news.... by derEikopf · · Score: 1

      derEikopf, you're an idiot. The percentage wouldn't change, it's a ratio moron.

  54. Re:Feel the SURGE of 5 in every 1 million people by derEikopf · · Score: 0, Offtopic

    Michael Savage is the man.

  55. Wiretap Reports by Anonymous Coward · · Score: 1, Informative
  56. What's with baseless statement in post? by geekee · · Score: 3, Insightful

    "Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."

    There is no mention in the article about percentages of wiretap requests approved, so why make a baseless statement like this. Instead maybe the reason for the increase is because, as the article says:

    "Drug dealers now are making use not just of traditional cell phones but a variety of devices, including Blackberries, pagers, and Nextels. So most likely these increased wiretap numbers simply reflect law enforcement's continuing efforts to keep pace with both the tactics and technology that is being used on the street," said Barr.

    --
    Vote for Pedro
    1. Re:What's with baseless statement in post? by Anonymous Coward · · Score: 0

      Hello, Moderators. Are you there? This is Interesting?!! The only line here that isn't a quote from the original post or the article is blatantly wrong.

  57. FUD by Moiche · · Score: 3, Insightful
    Wiretaps are definitely scary. Personally I'm such a boring individual that if the Feds listened to my conversations they would probably become narcoleptics, but hey -- on principle -- I'd prefer they didn't listen in.

    Thing is, I'm not scared by this article. There are 290 million people living in the United States, and a 19% increase amounts to around 273 extra wiretaps across the country. Not scary. In fact, I'm surprised that the number is 10 times larger, given that it appears to be a small fraction of the number of crimes investigated every year that should have been wiretapped.

    Furthermore, it may interest you to know that the legal standard for getting a wiretap is rather high (which is why there are so few of them).

    Before issuing a Title III wiretap warrant, a judge must find that: (1) "normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous"; and (2) there is probable cause for believing "that an individual is committing, has committed, or is about to commit" one of a list of specifically enumerated crimes, that the wiretap will intercept particular communications about the enumerated offense, and that the communications facilities to be tapped are either being used in the commission of the crime or are commonly used by the suspect.
    See United States Telecom Assoc. v. FCC . So how, you ask, is it that there were no wiretap requests turned down if the standard is so high, and it's used relatively rarely?

    Simple. It's not like the police officers are going "Hey Judge, we need a wire-tap on this guy Frank 'cuz I think he's doing "crimes" -- and we need it yesterday!" What actually happens is the police officer goes to government lawyer. The government lawyer -- who does this all the time -- then tells the police officer 9 times out of 10 that they haven't met the standard. Even that 1 time out of 10, the government lawyer approaches the judge ex parte (i.e. not in a court proceeding) which allows the judge to indicate through subtle nods and grunts that the wiretap request is half-cooked, and to come back later. So you just don't get denied applications. By the way -- denied applications are the last thing the police want, because then -- dollars to donuts (hehe) when it comes time to the criminal trial, the wiretap evidence will be considered inadmissible even if the police eventually did get their wiretap.

    What Devlin Barrett, the reporter who wrote the article, should have mentioned, is how many wiretap requests were officially turned down over the last few years. But the reporter omitted this information, most likely because very few requests have been officially denied within the last decade. So the alarmist language used in the article makes it, IMHO, FUD.

    Regards,

    Moiche

  58. Minor nitpick by Anonymous Coward · · Score: 0

    Minor nitpick: 48% rise over 10 years would be 4% annual growth (take the tenth root of 1.48).

  59. MODS: "pasted" text has been altered by Anonymous Coward · · Score: 2, Informative

    please mod as appropriate.

    stupid trolls. probably thinks he's a clever subversive now.

  60. alCIAda by Anonymous Coward · · Score: 0

    That is not enough taps. We should all be tapped.

    What are you with alCIAda? LE is perfect. Our loving Gov. is here to help.

    Join the neighborhood watch! Report suspicious people! Join the hitler youth!

    If you don't submit it will be your fault when move gov. sponsored terror strikes. Be afraid! The bad guys are out to destroy amerika!

    The new freedom initiative is good! Why shouldn't we all submit to psychological testing!?

    War is peace! Slavery is freedom! Patriot one, two, three are what this country needs!

    Metal framed high rises do fall down, as if they were destroyed by controlled demoliton, when small fires burn for a few hours!

    We have entered the twilight zone... go back to sleep america the Gov. has everything under control...

    http://www.gasresources.net/DisposalBioClaims.htm

  61. Re:Article text (in case of slashdotting by ramblin+billy · · Score: 1


    My contempt for you is only exceeded by my pity when I consider the obvious lameness of your life. I can only hope that you are the victim of a mental disorder and not such an idiot that you actually consider your editing to be clever or funny. If you were such an idiot, you might believe anonymous posting was really anonymous. Of course it could be an experiment to see if anyone catches your changes. Either way...dude...you suck. I'll take solace that, in my experience, punks with attitudes like the one your disrespect of /. and all its readers implies usually end up in bad places surrounded by bad people. But you'll be OK - you're clever. By the way, tossed any salads lately?

    billy - replying to...anonymous COWARD

  62. Re:Article text (in case of slashdotting by MacWiz · · Score: 3, Funny

    This was informative? How about funny? Even funnier were those who questioned the math.

    RTFA not the parent.

  63. Hey, let's do nothing about this... by freality · · Score: 1

    maybe the government will reign themselves in. You know, like all those other times they did.

    They've probably got enough problems governing us without also having to be governed *by* us, you know?

    Show a little trust people!

  64. Re:Does this include... VOICEMAIL & TEXT MESSA by Anonymous Coward · · Score: 0

    With the patriot act, FBI can sieze voicemail and intercept text messages, too. I was a wiretap target last year for a while (along with other surveillance phun). pfft. damn justice department.

  65. You mean... by Anonymous Coward · · Score: 0

    when you ANSWER those numbers!

  66. Re:OMG!!!! 19%!!!! -- in other news... by Anonymous Coward · · Score: 0

    Slashdot trolls increase by 19%!!

    FIRST POST!!!!!!!!!!

    Sorry, i just had to do that.

  67. Re:Article text (in case of slashdotting by Rick+the+Red · · Score: 1
    Someone needs to let Nextel know that they don't have traditional cell-phones.
    Actually, they don't. "Traditional" (analog) cell phones may still be in use, but nobody sells them anymore. It's all PCS and GSM now.
    --
    If all this should have a reason, we would be the last to know.
  68. Law by Fuzzums · · Score: 1

    1. NSA is always right.
    2. In doubt, see rule #1.
    3. In all other cases, see rule #1.

    --
    Privacy is terrorism.
  69. a few anti wiretap measures: by jago25_98 · · Score: 1

    Once again I remind us of

    http://tor.eff.org/
    http://www.i2p.net/
    http://freenet.sourceforge.net/

    and also
    http://www.cryptophone.de/
    GSM can now be decrypted in almost realtime, and the recieving hardware is only a few thousand dollars. Though personally I'd prefer a freeware OSS push to talk GPRS program because not many can make data calls

  70. CALEA requires tapping capabilities on switches by SgtChaireBourne · · Score: 1
    Tapping is done at the switch level. So, yes, even mobile phones can be tapped, though in addition to the normal method, the signal could be intercepted as well. But using the swithc doesn't require chasing around.

    All switching equipment (at least in the US) is required to be designed for wiretapping according to the Communications Assistance for Law Enforcement Act (CALEA). I don't recall the timeline for phase in, but I'm guessing that by now all the big names like Ericsson make only CALEA-compliant products. I'm also guessing that the same models are sold to the rest of the world.

    In short, the phone network is now designed to be tapped.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  71. easily. by jms1 · · Score: 2, Informative

    I have a friend who works for a large US company (no names, but it sounds a bit like "moo-sent") which makes the cell tower equipment used by several of the large american carriers, especially Verizon with their new high-speed data service. The last time I visited his office, he showed me the CALEA (Communication Assistance for Law Enforcement Act of 1994) box from their in-house system mock-up (used for training Verizon's techs.)

    In a normal market area, all of a carrier's towers are linked back to a single facility for the entire market, and that facility contains the links to the wireline carriers. Inside this data center, the sound channels of all of the calls on all of the towers are sorted out and routed to the appropriate wireline ports. The equipment which does this knows how to do a "wiretap"- as a call starts, if either the caller's number or the number being called are listed in a certain database, the call is set up with a copy of the audio being routed to what is essentially a WAV file. When the call is done, that WAV file is immediately emailed to whatever law enforcement person is interested.

    IN THEORY, the law enforcement types are supposed to show a court order before being able to add numbers to the database. IN REALITY, the carrier (at least Verizon) provides an SSL-secured web interface where law enforcement can just go and enter the number and an email address. The carrier does not perform any verification of whether or not there is a valid court order, they stay as close to hands-off as they can.

  72. FFS... by RMH101 · · Score: 1

    ...they don't need to decrypt. all they need to do is ask the phone company nicely, and they'll hear it in the clear...

  73. Re:Does this include... VOICEMAIL & TEXT MESSA by Anonymous Coward · · Score: 0

    It's not "the patriot act"; it's "the USAPATRIOT act".

  74. As it should be by doctorjay · · Score: 0, Flamebait

    if the gov had more teeth we could have stopped 9/11.. they knew the attackers were in the country, knew they were planning something because of wussies that be we couldnt do shit.. and we reaped the reward. even since 9/11 we still dont have the balls to do what needs to be done to ensure the safety of the american public.

  75. Re:Damn right! mod parent up by doctorjay · · Score: 1

    Damn straight... you should see how the police function in other countries. For all those whineing about police brutality... go visit ANY other country and you will see just how tightly tied our cops' hands are. Close family friend who loved police work quit because of all the nonsesne that cops have to put up with now. Cant bust ppl without them ending back up on the street after posting bail... cant defend yourself by any means (nightstick, mace or GOD FORBID your gun) on any race but your own otherwise OHH NOOOO! raceism... the other man who was a different nationality than myself busted me in the face cause i was resisting arrest and hoped up on drugs .... LETS SUE! and take all hes got! Fag judge fears reprisal from 'civil rights group' and pisses his patns and sides with the suspect. Happens everyday.

    Furthermore... I say a law should be added in the US.. where if the police have to drive either more than 5 miles, or more than 15mph above the posted speed limit that they literally beat the piss out of you when they catch you. I cant stand on "wold scariest police chases 5!" when the suspect flies down a 35 mph lane with kids on it at 110 mph ..finally when the cops catch up and arrest him they say "watch your head sir" (because they are forced to say that crap)....this nation is going to hell in a handbasket...

  76. That goes with the jails by cpct0 · · Score: 0, Flamebait

    Recently it was asserted that 1 american out of 138 is behind bars
    http://www.gulf-daily-news.com/Story.asp?Article=1 10417&Sn=WORL&IssueID=28037
    , making USA the place where that ratio is the highest in the world.

    Now it's either you're more crooks and evil and violent people than all other countries ... which I really find hard to believe ...

    Or maybe the "land of freedom" (tm) just went to the opposite extreme? Alas, I find that very easy to believe. A raise in wiretapping just confirms that, I'd say. I really wonder what's the percentage of people wiretapped for their political views.

    1. Re:That goes with the jails by Mant · · Score: 1

      Maybe they just catch and jail a higher proportion of their criminals? If the people being sent to gaol are actually criminals, and not political criminals, then it isn't really "the opposite" of freedom.

      The statistics by themselves don't really say enough.

  77. speaking of wiretapping by SubtleNuance · · Score: 1

    Anyone interested in wiretapping should see this. Shrub's miserable choice for UN Ambassador, John Bolton stars in this story.

    From the story "Bolton requested transcripts of 10 NSA intercepts of conversations between named U.S. government officials and foreign persons...NSA insiders report...Bolton...had them masked as "training missions" in order to get around internal NSA regulations that...prohibit such eavesdropping on U.S. citizens.

    So, not only do you have to worry about the court authorized and reported taps, but Corrupt Criminals like Bolton skirting the rules to get dirt on his (probable) opponents.

    Thank God the NSA is there to protect Freedom(TM)? Right?

  78. My favorite thing by mark_jabroni · · Score: 1
    I like how slashdot ridicules people outside the tech industry when they talk about tech ("They don't get it").

    But when something comes up that we all know nothing about ... Hey! We're still experts, even though we actually know nothing about the field we're discussing!

    Also, I apologize if this post is all bold. It was bold in the preview window but I couldn't turn it off.

    1. Re:My favorite thing by Anonymous Coward · · Score: 0

      But when something comes up that we all know nothing about ... Hey! We're still experts, even though we actually know nothing about the field we're discussing!

      Good. Just so long as we're all in agreement on that...

  79. Right by Safety+Cap · · Score: 1
    Since officers know that someone is watching and second-guessing their warrant requests, they're not likely to try to slip bullshit pretenses in.
    By your comments, I must infer that
    1. You've never been to court to see how the law really works
    2. You've never been on the receiving end of Police, ahem, "interaction" (no, traffic stops do not count).
    I'm sorry to be the one to tell you that Real Life is not like "The Practice," "Law and Order," "TJ Hooker," or "CSI."
    --
    Yeah, right.
  80. Re:The Politics of Fear by Anonymous Coward · · Score: 0

    I'll respond to the troll as AC

    "During the cold war, our "rulers" tried to force a nuclear war with the Soviet Union"

    You don't have to "force" a war. If Regan (for example) had wanted a nuclear war all he would have had to do was push the button. There wouldn't have been enough of the world left for him to have to worry about his image, let alone reelection.

  81. Re:Does this include... VOICEMAIL & TEXT MESSA by Cat_Byte · · Score: 1

    They have been doing stuff like that long before the patriot act came into play. If you 5 minutes of any cop show or courtroom show based on actual cases you will see they no longer adhere to ANY of the basic rights of the defendants. It is now guilty until proven innocent and this stance is used to obtain evidence in any way possible. I won't even watch Cops or The Shield because it is blatant illegal activity by officers and they make it seem ok.

    --
    Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
  82. Inane Ranting gets %19 more mod points by w9ofa · · Score: 1

    WTF?

    1. Re:Inane Ranting gets %19 more mod points by Anonymous Coward · · Score: 0

      Its sad that something I agree with is considered ranting on a very liberal internet site.

  83. Mmmmkay... by Anonymous Coward · · Score: 0

    "and those warrants reached a record 1,754 last year. Apparently judges have found that law enforcement is unbelievably perfect as they rubber-stamped approvals on every single request they received."

    So 1754 taps... out of 30 Million people.
    Criminal investigations perhaps?
    Pretty LOW number if you ask me...

  84. And the sad thing is... by stealth.c · · Score: 1

    "Nothing" is precisely what we're going to do.

  85. and WTF is all he can say by mconeone · · Score: 1

    That was an incredibly intelligent, well-thought post. What was inane about it?