NCJ Number
99972
Date Published
1985
Length
22 pages
Annotation
The testimony highlights the U.S. Department of Justice's (DOJ) opposition to several provisions in S. 1667, the Electronic Communications Privacy Act of 1985, which addresses new technologies not covered by the Omnibus Crime Control Act and provides for more judicial supervision of investigative methods related to electronic surveillance.
Abstract
DOJ agrees that Title III's provisions should be reevaluated periodically to ensure that the statute keeps up with technology, but feels that more discussion and analysis are needed before amending the statute to specifically cover cordless and cellular telephones. DOJ also believes that ordinary search warrant processes based on probable cause provide authorization for the Government to seize the contents of computer transmissions and electronic mail. Likewise, adding video surveillance by itself to Title III is not necessary. DOJ has serious objections to several provisions which target paging devices, pen registers attached to telephones, tracking devices, and the telephone toll records. It contends that these provisions take investigative techniques that do not approach the level of intrusion involved in electronic surveillance and elevate them to the same level. DOJ also suggest affirmative amendments to Title III.