Warrantless Wiretapping

Posted by Roger Saunders Jul 9, 2008

Foreign Intelligence Surveillance Act Amendment Passes Senate

This act allows the Federal Government to place wire taps to catch suspected terrorists without a warrant. Does this compare to the Writs of Assistance in 1761?

After September 11 there was great public support for these methods. We had to catch those murderous secret cells before they could repeat the tragedy. Civil rights groups raised Ben Franklin's warning. "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

James Otis argued against the Writs of Assistance in 1761. "These rights [British Liberties] were inherent and inalienable. They never could be surrendered or alienated but by idiots or madmen and all the acts of idiots and lunatics were void and not obligatory, by all the laws of God and man.”

Then, they used the term "British Liberty" as we use "Civil Liberty" today. Would James Otis call the Senate idiots, madmen or lunatics? (I'm referring only to this issue, not asking what would be a rather rhetorical question otherwise.) The "Writs" were a warrant that gave an Inspector carte blanche to search anywhere they arbitrarily chose. They also allowed the inspector to "deputize" anyone he chose to make the search.

This FISA Act sets up a secret court that approves Federal Government requests to wiretap anyone they feel is a suspected terrorist. Are the FISA ACT and the Writs of Assistance the same? In my opinion, No. The FISA court is made up of 7 District Court Judges appointed by the Chief Justice. It does not allow the wiretapping of American Citizens. However, there is the issue of probable cause, which only applies to whether the subject is the agent of a foreign power; with no criminal prerequisite.

This is why any Act like this must be followed closely by voters so it does not exceed its boundaries! If they do we can, and should, vote a new Senate in to eradicate the privilege.