FBI turns to broad new wiretap method

January 30, 2007
FBI turns to broad new wiretap method

One reason why the full-pipe technique raises novel legal questions is that under federal law, the FBI must perform what's called "minimization."

Federal law says that agents must "minimize the interception of communications not otherwise subject to interception" and keep the supervising judge informed of what's happening. Minimization is designed to provide at least a modicum of privacy by limiting police eavesdropping on innocuous conversations.

EFF's Bankston disagrees. He said that the FBI is "collecting and apparently storing indefinitely the communications of thousands--if not hundreds of thousands--of innocent Americans in violation of the Wiretap Act and the 4th Amendment to the Constitution."