As technology makes state scrutiny increasingly easy, America has seen a corresponding increase in the abuse of its surveillance tools. With a legal framework, first created in the 1970s — before the widespread use of computers, email or cell phones — the few safeguards we have are evaporating rapidly. The curious case of Carter Page, where the FBI used a Foreign Intelligence Surveillance Court warrant to surveil the virtually unknown, unpaid foreign policy adviser to the Trump campaign, is only the latest example of a larger, existential threat to the American system of political discourse.
When a physical search occurs in accordance with American criminal law, law enforcement must show probable cause and obtain permission from a judge, and then present a given suspect with a warrant, and a receipt for the items removed. When law enforcement wants to obtain a criminal wiretap, they similarly have to show probable cause to obtain a warrant, carefully collect information related to potential crimes, and then disclose that information if charges are wrought.
Source : nbcnews
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