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Oct 1998, in a closed-door manuever, controversial "roving wiretap" provisions were added to the Intelligence authorization bill and passed by the Congress. Prevoiusly, wiretapping law allowed tapping of a particular person's phones. The new provisions dramatically expanded current authority by allowing taps on any phone used by, or "proximate" to, the person being tapped — no matter whose phone it is. Such a broad law invites abuse. In 1996, the full House of Representatives had rejected these provisions after an open and vigorous debate. But in 1998, behind closed doors, a conference committee added the provisions to the important Intelligence Authorization Conference Report. The provisions were not in either the original House or Senate versions of the bill. CDT is particularly concerned that such an expansion of federal authority should take place without a public debate. ————————— "Roving Wiretaps" Language added to H.R. 3694, the Intelligence Authorization Conference Report. SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION REQUIREMENTS.
(1) in clause (ii), by striking ``of a purpose'' and all that follows through the end of such clause and inserting ``that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;''; (2) in clause (iii), by striking ``such purpose'' and all that follows through the end of such clause and inserting ``such showing has been adequately made; and''; and (3) by adding at the end the following clause: ``(iv) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.''.
(2) by striking ``the facilities from which, or''; and (3) by striking the comma following ``where''.
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