Steroids and the Patriot Act: Know Your Wiretaps |
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Normal 0 In the bodybuilding world there are inevitable risks that are always going to be taken in order to be successful. Along the way, you may run into legal roadblocks, and it helps to be prepared with some basic knowledge of the tools being used by law enforcement. Here’s a little legal-ease for you on warrants, wiretaps, and how it affects you.
Pen/trap wiretaps Used to record incoming and outgoing calls, pen/trap wiretaps record information about your phone habits. The government often uses devices called ‘pen registers’ which record any telephone numbers dialed on all outgoing calls. They also use ‘trap and trace’ devices to record information on all incoming calls. These taps are minimally intrusive – they don’t analyze any content of phone calls. In other words, there is no “listening in”. They only save the numbers for future reference in crosschecking the numbers you called/received with the numbers those parties called or received.
To get a warrant for pen/trap surveillance, the burden of proof is very small. Investigators simply have to demonstrate for a judge that there is likelihood that your phone number is relevant, in some way, to an ongoing criminal investigation. Since there is no auditing, accounting, or verification on these taps, abuses of this limited power can and do occur.
Title 3 wiretaps This type of tap is the kind many people are more familiar with – it involves the government actually listening to or recording phone conversations. Calls can be recorded, transcripts made, and the content can be used against you at any time in the future.
Warrants for these types of intrusions are much harder to get. The burden of proof is high. Investigators must provide the judge with a list of crimes they believe you have committed. There is high accountability here – federal investigators must report back on their findings and are accountable for audits. This helps limit abuses with Title 3 wiretaps.
The Internet The Patriot act has introduced the use of pen/trap and Title 3 wiretaps to email use. This means that a simple pen/trap wiretap will allow authorities to record every email account you send or receive emails to and from. Consider the implications next time you send an email to a party you suspect might be under investigation. The title 3 wiretap takes the issue a step further. Imagine your Internet service provider (ISP) turning over the CONTENTS of every email you have ever sent and received. This underscores the need to use discretion when using email and making phone calls. |
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