feds try to argue touch tone content needs no wiretap order
Perry E. Metzger
perry at piermont.com
Fri Jan 9 20:12:16 EST 2009
Just about everyone knows that the FBI must obtain a formal
wiretap order from a judge to listen in on your phone calls
legally. But the U.S. Department of Justice believes that police
don't need one if they want to eavesdrop on what touch tones you
press during the call.
Those touch tones can be innocuous ("press 0 for an operator"). Or
they can include personal information including bank account
numbers, passwords, prescription identification numbers, Social
Security numbers, credit card numbers, and so on--all of which
most of us would reasonably view as private and confidential.
That brings us to New York state, where federal prosecutors have
been arguing that no wiretap order is necessary. They insist that
touch tones cannot be "content," a term of art that triggers legal
protections under the Fourth Amendment.
http://news.cnet.com/8301-13578_3-10138074-38.html?part=rss&tag=feed&subj=News-PoliticsandLaw
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Perry E. Metzger perry at piermont.com
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