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Wiretap/CALEA
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Taps, Traps, and Pens -- Electronic Surveillance Overview

The federal wiretap law was enacted in 1968, and has undergone major revisions since then as Congress has tried to keep pace with changing technology. Congress has tried to balance the often competing interests of law enforcement, privacy rights, and technological innovation. Technology continues to change, however, sometimes in ways that interfere with law enforcement surveillance, but more often in ways that enhance government capabilities. Most American citizens, for example, are relying more and more on electronic communications for a range of purposes from communicating with their workplace to researching term papers to scouting out the best of the new movies for a weekend date. In the process they are exposing more details of their lives to potential law enforcement surveillance and are leaving increasingly revealing and easily captured "electronic footprints" wherever they go.

  • Cellular phone location tracking: Amicus Brief with Electronic Frontier Foundation, the American Civil Liberties Union, The ACLU-Foundation of Pennsylvania, INC., and the Center for Democracy and Technology urging the Third Circuit to affirm a Pennsylvania District Court ruling that cell phone location data is protected by the Fourth Amendment. - March 2009
  • The Nature and Scope of Governmental Electronic Surveillance Activity June 2004
  • CALEA: Since its inception in 1994, CDT has been actively involved in the debate over the implementation of the Communications Assistance for Law Enforcment Act ("CALEA"), which permits the federal government to impose technology design mandates on the telephone network. Read more about CDT's efforts to resist the extension of CALEA to Internet communications.
  • Digital Search and Seizure: Updating Privacy Protections to Keep Pace with Technology February 2006
  • Councilman: A decision by the U.S. Court of Appeals for the First Circuit in Boston in 2004 highlighted a significant flaw in the laws concerning the real-time interception of email communication. In response to the 2004 decision, CDT and others sought rehearing by the full Court of Appeals, which reversed the initial decision. Read more about the United States v. Councilman decision.
  • Other historical documents related to wiretapping are available.

Headlines

CDT Urges Support for Compromise FISA Bill - Calling the legislation a "responsible compromise," the Center for Democracy & Technology urged members of Congress to support a House leadership bill amending the Foreign Intelligence Surveillance Act. The House is expected to vote this week on the legislation, which represents a compromise between a measure previously passed by the House and a competing Senate version favored by the Administration. In a letter to members of the House, CDT explained how the new bill provides flexibility to intelligence agencies conducting surveillance and at the same time includes key checks and balances to protect civil liberties. March 12, 2008

Senate Resumes Debate on Wiretap Rules - The Senate this week plans to resume debate on legislation setting rules for government surveillance of communications between people in the U.S. and targets abroad. Two competing bills and possible amendments offer different approaches to Executive Branch power, judicial supervision of intelligence agency activities, and the role of telecommunications companies in assisting warrantless surveillance after 9/11. CDT has issued an "Insider's Guide" to the debate and a chart outlining the issues at stake. [links below] January 22, 2008

Senate Committee Reports Warrantless Surveillance Bill - One day after the House of Representatives suspended its consideration of legislation to establish judicial review of foreign intelligence surveillance affecting the rights of Americans, the Senate Intelligence Committee yesterday reported its FISA bill, which would create a hybrid system of Executive Branch certifications and judicial review of procedures for surveillance in the US that targets persons overseas.  The Senate bill would grant full immunity to telecommunications companies that cooperated with illegal surveillance begun after 9/11.                    October 19, 2007

Earlier Headlines

House Wiretap Reform Bill Would Improve Civil Liberties Protections October 17, 2007
"Internet Watch List" Identifies Dangerous Legislation September 14, 2006
Coalition Seeks Rehearing on Wiretap Mandates for VOIP, Broadband Internet July 31, 2006
CDT Brief Challenges Warrantless Phone Call Interception June 30, 2006
Court Ruling Threatens Civil Liberties, Technology Innovation June 09, 2006

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