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DOJ: Change in Electronic Surveillance Definition Doesn't Allow Warrantless Searches
The head of the Justice Department's National Security Division, Kenneth Wainstein, clarified something that had perplexed several national-security experts: the Protect America Act's change in the definition of "electronic surveillance" under FISA -- essentially, the definition that spells out what kind of communications the government can collect -- doesn't mean that warrantless physical searches in the U.S. are now allowed. "It's to let us get the assistance of communications providers," he said, who aren't going to be the people who "let us see your mail or get into your basement."
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Comments (3)
along wrote on September 18, 2007 2:03 PM:I would say, he "attempted to clarify" the matter. He didn't actually clarify anything. He didn't "parse" the language of the Act, as he said he could, to show exactly what was permitted and proscribed. He simply gave a non-specific and meaningless assurance that the Act does not allow warrantless physical searches.
peter wrote on September 18, 2007 3:03 PM:Just some obvious misdirection to a setup question.
Spence- You have to be more careful when paraphrasing, especially the DOJ liars and pitchmen. Your excerpt:
"doesn't mean that warrantless physical searches in the U.S. are now allowed" actually makes the very clear dodge and misdirection in his oral statement sound like a positive statement.
The actual statement in response to a clearly loaded question says virtually nothing of substance. Be careful not to lend more weight to the deception in crafting a quick headline or summary.
Sailmaker wrote on September 18, 2007 3:43 PM:Cynical me - I think they just have switched the nomenclature over from 'warrentless wiretaps' to 'target specific data mining' or some such weasling.