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Overview of US Legislation on Wiretapping: History, Current Laws, and the USA PATRIOT Act

This document provides a comprehensive overview of US legislation authorizing wiretapping, tracing its history from the late 19th century to current laws. It examines the inception of wiretapping as a felony in New York, its use during Prohibition, and key legislation such as the Federal Communications Act of 1934 and the Foreign Intelligence Surveillance Act of 1978. The document also discusses the implications of the USA PATRIOT Act, enacted in 2001, which empowers law enforcement in countering terrorism. It includes resources and provides insights into the evolution of wiretapping technologies and laws.

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Overview of US Legislation on Wiretapping: History, Current Laws, and the USA PATRIOT Act

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  1. US Legislation Authorizing Wiretapping Monica Sowell EDCI 588 11 Jul 14

  2. Content • Vocabulary • History • Current Legislation • USA PATRIOT Act • Resources

  3. Vocabulary • Wiretapping • Bug • Pen register • Trap and trace device • Roving Wiretaps

  4. History • Wiretapping has occurred since the 1890s when the telephone was invented. • Considered to be a felony by 1892 in New York State • Used to catch bootleggers during prohibition • In 1934, US Congress passed the Federal Communications Act

  5. History (con’t) • After WWII, the FBI continued to secretly wiretap government officials • Operation Shamrock, operated by the NSA 1952- 1975 • Foreign Intelligence Surveillance Act 1978 (FISA) • Carnivore system developed in the late 1990s to monitor Internet traffic

  6. Current Legislation • Title III • Electronic Communications Privacy Act (ECPA) • Stored Communications Act • Communications Assistance for Law Enforcement Act

  7. USA PATRIOT Act • Passed by Congress October 26, 2001 • Allows for law enforcement action to protect Americans from global terrorist network (USDOJ) • 4 principal provisional categories (Quinn 283) • 3 provisions must be renewed and signed back into law periodically (Quinn 287)

  8. Resources • Aftergood, S. (February 7, 2014). Foreign Intelligence Surveillance Act. Retrieved July 11, 2014 from http://fas.org/irp/agency/doj/fisa/ • Quinn, M. (2013). Ethics for the Information Age. (5th Edition). Boston: Pearson • US Department of Justice. (n.d.). What is the USA PATRIOT. Retrieved July 11, 2014 from http://www.justice.gov/archive/ll/highlights.htm

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