Warrantless wiretapping: shredding the constitution.President Bush defended his use of warrantless wiretaps wiretap n. using an electronic device to listen in on telephone lines, which is illegal unless allowed by court order based upon a showing by law enforcement of "probable cause" to believe the communications are part of criminal activities. Use of wiretap is also a wrongful act for which the party whose telephones were tapped may sue the party performing the act and/or listening in as an invasion of privacy or for theft of information. in the global "war on terror" at a December 19 White House press conference. "As President and Commander-in-Chief, I have the constitutional responsibility and the constitutional authority to protect our country," he said. "Article II of the Constitution gives me that responsibility and the authority necessary to fulfill it. And after September the 11th, the United States Congress also granted me additional authority to use military force against al Qaeda." The president was asked by reporters why he had not sought court orders for wiretaps from the special courts set up for that purpose under the Foreign Intelligence Surveillance Act (FISA FISA - Foreign Intelligence Surveillance Act (US government) FISA - Fédération Internationale des Sociétés d'Aerophilatelic (French: International Federation of Aerophilatelic Societies) FISA - Federation Internationale des Societes d'Aviron (International Rowing Association) FISA - Federation of Independent School Alumnae FISA - Federazione Italiana delle Società di Agopuntura (Italian Federation of Acupuncture Societies) FISA - Ferris Indian Student Association) and about charges by members of Congress that he had "broken the law" by authorizing the eavesdropping Secretly gaining unauthorized access to confidential communications. Examples include listening to radio transmissions or using laser interferometers to reconstitute conversations by reflecting laser beams off windows that are vibrating in synchrony to the sound in the room. See wiretapping A form of eavesdropping involving physical connection to the communications channels to breach the confidentiality of communications. For example, many poorly-secured buildings have unprotected telephone wiring closets where intruders may connect unauthorized wires to listen in on phone conversations and data communications. See ECPA.. on American citizens. "I swore to uphold the laws," President Bush responded. "Do I have the legal authority to do this? And the answer is, absolutely. As I mentioned in my remarks, the legal authority is derived from the Constitution, as well as the authorization of force [in the war on terror] by the United States Congress." In contrast to Bush's claims, the U.S. Constitution (Fourth Amendment of the Bill of Rights) states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Also, obtaining a court order for wiretapping does not appear to be excessively difficult. The FISA courts, reportedly, have OK'd more than 19,000 eavesdropping requests since 1979 and have denied only five requests. |
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