Wednesday, September 12, 2007

Unlawful Eavesdropping is like search without warrant

The New York Times reports eavesdropping helped to break up a terrorist plot in Germany.

John Scott Redd, the head of US Counterterrorism Center states "But we are not safe. Nor are we likely to be for a generation or more". Seems like we should all get ready to allow governments the mechanisms to protect us and protect their power...for a very long time. Comforting thought.

There's some facts that seem to be conveniently ignored in order to try justify unlawful and illegal interception.

This eavesdropping on terrorists was performed after a court in Germany granted the equivalent of a search warrant. In Germany, the courts will only allow limited eavesdropping and both parties of the conversation must be identified as suspects with evidence presented to the court. There is also usually a limit on the time period for the lawful interception warrant.

Just as your home is your private property, any police entry requires a search warrant issued by a court...after the judge examines evidence of suspected criminal activity.

Since your communications (phone, letter or email) is your privacy, any government intrusions should also require an eavesdropping warrant issued by a court...only after examining evidence of suspected criminal activity.

It is most likely that a German court accepted as evidence of suspected terrorist activity, the fact that these individuals "had actually obtained explosive liquids, hydrogen peroxide, which they could condense, or try to condense to an explosive".

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