NATIONAL SECURITY WIRETAPS

• NCJ Number: 16280
• Journal: Criminal Law Bulletin Volume: 11 Issue: 1 Dated: (JANUARY-FEBRUARY 1975) Pages: 7-28
• Author(s): J H F SHATTUCK
• Date Published: 1975
• Length: 22 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REVISED VERSION OF TESTIMONY PRESENTED TO THE SUBCOMMITTEES ON CRIMINAL PROCEDURE AND CONSTITUTIONAL RIGHTS, SENATE JUDICIARY COMMITTEE, OCTOBER 3, 1974

Annotation

A REVIEW OF PAST ABUSES, A DISCUSSION OF A PENDING SENATE BILL WHICH SEEKS TO CONTROL NATIONAL SECURITY WIRETAPPING AND RECOMMENDATIONS TO FURTHER TIGHTEN THE PROCESS.

Abstract

THE ACLU BASES ITS OPPOSITION TO WIRETAPPING ON THE GROUNDS THAT IT IS AN INHERENTLY UNREASONABLE SEARCH AND SEIZURE. EVEN THE RESTRICTIONS IMPOSED BY TITLE III OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT STILL ALLOW UNRELATED, IRRELEVANT, OR PRIVILEGED CONVERSATIONS TO BE RECORDED. NATIONAL SECURITY WIRETAPS REQUIRE EVEN LESS JUSTIFICATION THAN TITLE III TAPS AND THE VAGUENESS OF PROCEDURAL SAFEGUARDS, ALONG WITH INADEQUATE RECORD-KEEPING AND LACK OF ACCOUNTABILITY LEAD TO GREATER ABUSES. THE PUBLIC EVIDENCE PRODUCED IN THE CIVIL LITIGATION ARISING OUT OF A 21-MONTH WIRETAP ON DR. MORTON HALPERIN'S HOME PHONE, WHICH CONTINUED AFTER DR. HALPERIN'S RESIGNATION FROM GOVERNMENT SERVICE ILLUSTRATES THIS CONTENTION.