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From: larry@kitty.UUCP (Larry Lippman)
Newsgroups: net.ham-radio,net.dcom,net.video
Subject: Re: Re: Listen to phone calls on your tvro
Message-ID: <435@kitty.UUCP>
Date: Mon, 16-Sep-85 18:53:39 EDT
Article-I.D.: kitty.435
Posted: Mon Sep 16 18:53:39 1985
Date-Received: Thu, 19-Sep-85 04:29:27 EDT
References: <338@nicmad.UUCP> <780@vortex.UUCP> <95@l5.uucp>
Organization: Recognition Research Corp., Clarence, NY
Lines: 55
Xref: watmath net.ham-radio:3253 net.dcom:1303 net.video:1517

> The last time the wiretapping laws were hacked, the NSA suggested (and
						      ^^^
> got) a small wording change that effectively makes it legal to listen
> in AS LONG AS YOU ONLY LISTEN TO TELCO SIGNALLING rather than user
> data/speech.  This means that, for example, receiving microwave phone
> transmissions is defensible if your equipment filters out all but the
> "who called who" info.  They wanted this because it gives them a legal
> reason to have tapping equipment always installed.  (Who's to know if
> their equipment happens to switch to recording speech or data if an
> interesting phone number makes or receives a call?)
> 
> It would be interesting to see them try you for it -- if they found
> you guilty, you could sue the government to stop the NSA.
> 
> Please correct me if I'm wrong, Lauren.

	You are partially wrong.  NSA does not NEED an excuse to monitor
telecomunications traffic - the 'interest of national security' says it all.
The real agencies who benefit from this decision are law enforcement agencies
like the FBI, DEA, local police, etc.  Telephone toll statements (and therefore
signalling information) has ALWAYS been freely available to law enforcement
agencies - in many cases without even requiring a subpoena. This has been
considered to be no more than accounting information, and does not come under
the pervue of eavesdropping statutes.  Local dialed numbers have historically
been available at the request of law enforcement agencies; if central office
equipment did not automatically record this information, the telephone company
would install a dialed number recorder ('pen register').
	There has never been any restriction on obtaining this information by
bona fide law enforcement agencies.  In general, up until about ten years ago
only the telephone company could install a dialed number recorder.  As a result
of some court decisions (including People vs Stewart 1973 in NY State), law
enforcement agencies were permitted ON THEIR OWN and WITHOUT THE ASSISTANCE of
the telephone company, to attach dialed number recorders to a subject's
telephone line.  ONLY a bona fide law enforcement agency has this right.
	My personal opinion is that the telephone companies should be more
cooperative with law enforcement agencies insofar as furnishing dialed number
information; such cooperation would eliminate any claims that law enforcement
agencies might be listening in.  However, most telephone companies tend NOT to
cooperate with law enforcement agencies due to a fear of 'bad press'; as a
result of this NON-cooperation in the past, law enforcement agencies have been
permitted to take this matter into their own hands.
	I am certain that a number of people will be upset that their dialed
number information COULD be obtained by a law enforcement agency without the
benefit of any judicial proceeding authorizing same.  However, if you are not
doing anything illegal which would MOTIVATE a law enforcement agency to take
this rather EXTREME step, then you really shouldn't lose any sleep over the
possibility...

+++  Larry Lippman @ Recognition Research Corp., Clarence, New York        +++
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