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--- Begin Message ---
-Caveat Lector-
-------- Original Message --------
Subject: Reconstructing Electronic Surveillance Law
Date: Thu, 30 Sep 2004 23:42:02 -0400
From: Daniel Solove <[EMAIL PROTECTED]>
To: Declan McCullagh <[EMAIL PROTECTED]>
References: <[EMAIL PROTECTED]>
Declan,
I have just posted on SSRN the latest version of my essay, Reconstructing
Electronic Surveillance Law. I think that you and the Politech audience
would find this essay to be of interest.
It can be downloaded at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=445180
The essay examines electronic surveillance law in light of the USA-Patriot
Act. The USA-Patriot Act has sparked a fierce debate. However, the pros and
cons of the USA-Patriot Act are only one part of a much larger issue: How
effective is the law that regulates electronic surveillance?
The USA-Patriot Act made a number of changes in electronic surveillance law,
but the most fundamental problems with the law did not begin with the
USA-Patriot Act. Electronic surveillance law suffers from significant
problems that predate the USA-Patriot Act. The USA-Patriot Act indeed
worsened some of these problems, but surveillance law had lost its way long
before. Surveillance law is thus in need of a radical reconstruction.
I explore specific difficulties with the scope, standards, and enforcement
mechanisms of the electronic surveillance statutes. I then turn to the more
deeply-rooted and systematic problems. Electronic surveillance law is
overly intricate and complex. It has failed to keep pace in adapting to new
technologies, and it provides for insufficient judicial and legislative
oversight. I propose ways in which surveillance law should be reconstructed
to address these problems. My solution is a radical one: Warrants supported
by probable cause should be required for most uses of electronic
surveillance. Furthermore, I suggest that Congress draft a charter
regulating the FBI.
I am very interested in any thoughts and comments you or the Politech
audience has about the essay.
Regards,
Daniel J. Solove
Associate Professor of Law
George Washington University Law School
2000 H St., NW
Washington, DC 20052
http://www.law.gwu.edu/facweb/dsolove/
_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)
www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please! These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
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--- End Message ---
