[CLUE-Talk] Fourth Amendment? Anyone?

Jeffery Cann jc_cann at yahoo.com
Thu Jan 3 13:07:23 MST 2002


For my fellow civil libertarians - a U.S. District Court judge has sided with
the FBI to allow keystroke logging _without_ a court order.

http://biz.yahoo.com/law/020102/31270-4.html

The scary part of this decision is that it is based on a minor technicality -
that keystroke logging does not go over telephone lines and therefor is not
subject to the Federal requirement of a warrant for a wiretap.  It sets a bad
precedence because later on when the FBI wants to attach a keystroke logger to
anyone's computer, they can point to this decision.

Granted, the guys they are tracking are mobsters.  However, mobsters are still
innocent until proven guilty beyond a resonable doubt.  It also does not mean
that the rest of our 4th Amendment rights should be thrown out with the bath
water.

It makes me wonder if the decision by the judge is influenced by the current
terrorist paranoia in our great land.  

Sigh.

=====
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