Comcast Charges $1000 Per Wiretap

It seems trashing the Fourth Amendment is very profitable: For one company, FISA wiretaps carry a $1K pricetag

Comcast, which is among the nation's largest telecommunication companies, charges $1,000 to install a FISA wiretap and $750 for each additional month authorities want to keep an eye on suspects, according to the company's Handbook for Law Enforcement. Secrecy News obtained the document and published it Monday.

Comments

Re:illegal?

[grylnsmn]

Actually, you are way off base, for several reasons.

Yes, you are protected against unreasonable searches and seizures, but the presumption is that because a warrant is only issued by a judge "upon probable cause", a search based on that warrant is not unreasonable, because it is "supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized", and there are penalties for perjury.

There is also nothing in the Fourth Amendment that requires that you be informed of a warrant issued against you before it is carried out (in fact, if you were notified of a wiretap warrant, the wiretap would be completely useless, regardless of whether the court that issued it was a "secret court" or not).

Finally, what does the "right to a fair trial by jury of your peers" have to do with warrants and wiretaps? Warrants and wiretaps are used prior to the trial to gather evidence. The trial is when it is presented to the judge and jury. In fact, the FISA court does not hear criminal cases. It only handles matters like issuing warrants and reviewing of classified information.

So, where is any of that a violation of the Constitution?

Re:Well, hrm.

[syzler]

On the other hand, I really hate Comcast even more now. They're allowed to charge for this? What the hell *is* that?

Believe it or not, Comcast charging the government is in your best interest. This puts a price tag on frivolous subpoenas which discourages the government from issuing broad subpoenas. This also discourages subpoenas for multiple wiretaps to be maintained indefinitely (even law enforcement must work within a budget).

An ISP with which I am familiar often provides law enforcement with a quote of the cost to fullfill subpoenas they felt were too broad or would require a significant amount of man hours (Uhmm, CPU time) to produce the requested information. Almost invariably this resulted in law enforcement reducing the scope of the subpoena in question (I.E. information about less individuals was disclosed) or they completely rescinded the subpoena.

So whether you agree that Comcast should be able to make a small profit on wiretaps, they are providing an additional layer of checks and balances to our government.
 
Additionally, why should the Comcast subscribers foot the bill for a public service (Note that I am not a Comcast subscriber).

Re:Let's Look at the Fourth Amendment!

[funkyloki]

I agree. You only have to listen to the rhetoric spouted by Bush and Congress to know what they are doing is illegal. First, they tell us that nothing the phone companies have done is illegal and they have acted in "good faith". Then, they tell us because the phone companies, and this includes Comcast, have been so helpful, that they should be granted immunity from their actions retroactive back to 2001. It doesn't take Einstein to figure out that if they had done nothing wrong, then there would be no reason to grant immunity. The fact that they are asking for it means they know they acted irresponsibly with their customer's info, and illegally.
The fact that Comcast also makes money off of these wiretaps is outrageous. That's incentive for them to keep violating the Fourth Amendment whenever asked by the government, regardless of legal grounds to do so.