Governmental Wiretapping

Paper Summary:

This paper discusses the important questions of law that come into play when the topic of wiretapping is considered, even when it's the government doing the tapping. The paper further discusses how there are both federal and state statutes that govern the use of electronic recording equipment that make wiretapping of a conversation that the person is not a party to and without the consent of the parties involved, typically illegal. However, as a matter of national security, this is just what the United States government does each and every day. The paper reviews this issue and whether or not the government is justified in what, at first glance, appears to infringe on citizens' rights to privacy.

Contents:
Abstract
Introduction
Wiretapping Overview
Wiretapping: A Historical Perspective
The NSA and Wiretapping
Conclusion

From the Paper:

"Whether right or wrong, there is one thing for certain, wiretapping, by the government, has occurred for more than a century. Abraham Lincoln eavesdropped on telegraph conversations, during the American Civil War. Robert F. Kennedy used wiretapping to monitor the activity of Martin Luther King, Jr. Clinton's wiretapping led to the capture of Aldrich Ames, a former Soviet spy. And, most recently, in December 2005, George W. Bush was accused of violating the Foreign Intelligence Surveillance Act and the US Constitution with wiretapping activities that his administration has insisted is necessary to keep America safe from terrorism ("Telephone tapping", 2006).
In 1928, Olmstead v. United States was argued in the Supreme Court and examined the question of whether or not the use of wiretapped phone conversations, obtained by federal agents, without judicial approval, was a violation of the defendant's Fourth and Fifth Amendment rights. The court ruled, in a 5-4 vote, that the defendant's rights were not violated ("Olmstead", 2006). However, nearly forty years later, this decision would be overturned."

Sample of Sources Used:

• Katz v. United States. (8 Mar 2006). Retrieved March 9, 2006, from http://en.wikipedia.org/wiki/Katz_v._United_States.
• Olmstead v. United States. (1 Mar 2006). Retrieved March 9, 2006, from http://en.wikipedia.org/wiki/Olmstead_v._United_States.
• Senate Intelligence Committee likely to open investigation into NSA wiretapping. (12 Feb 2006). PR Newswire. Retrieved March 9, 2006, from FindArticles database.
• Sowell, T. (9 Feb 2006). Terrorists love hair-splitting by Americans. Deseret News. Retrieved March 9, 2006, from FindArticles database.
• Telephone tapping. (5 Mar 2006). Retrieved March 9, 2006, from http://en.wikipedia.org/wiki/Telephone_tapping.

More papers on Governmental Wiretapping:

• Term Paper # 148484 : "Wiretapping and Electronic Surveillance"
• Research Paper # 8846 : "The World of Wiretapping"
• Argumentative Essay # 27821 : "War on Terrorism vs. the Bill of Rights"

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