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- From: parghi@envius.cs.uiuc.edu (Amit Parghi)
- Subject: Re: this week's illegal wiretap
- Message-ID: <parghi.721946444@envius>
- Followup-To: comp.org.eff.talk,alt.privacy
- Sender: news@cs.uiuc.edu
- Organization: Tex & Edna Boil's Prairie Warehouse and Curio Emporium
- References: <1e13q4INNt2g@transfer.stratus.com> <1992Nov14.041655.1428@netcom.com> <1e4f1pINNbbe@usenet.INS.CWRU.Edu>
- Distribution: inet
- Date: Mon, 16 Nov 1992 20:40:44 GMT
- Lines: 75
-
- Some USENET types wrote ...
- ># >Does anyone know how the FBI happened to tap this person?
- ># Also note that this action by the FBI is precisely what the FBI said
- ># they wouldn't do with their proposed universal wiretapping ordinance.
-
-
- wb8foz@skybridge.SCL.CWRU.Edu (David Lesher) wrote:
- >The Friday Washington Post had a front page story on this. The
- >difference between it and what I'm reading here is rapidly approaching
- >Shergold Urban Legend size......
-
- As usual, a lot of USENET posters behave as though it's a capital offence to
- post information that might possibly be construed as squaring with the facts.
-
- The FBI was *not* involved in the "wiretapping;" the recording in question
- was performed by the State Department. Let me quote from page 8 of
- Saturday's Times:
-
- HIGH BUSH OFFICIAL IS LINKED TO SEARCH OF FILE ON CLINTON
- --
- UNDER SECRETARY NAMED
- --
- Dismissed Aide Says Passport Check Was Begun
- by Deputy Who Didn't Consult Her
-
- By ROBERT PEAR
- Special to The New York Times
- ...
- State Department officials confirmed that the agency's operations
- center had monitored some of Ms. [Elizabeth M.] Tamposi's telephone
- conversations with other Administration officials. The monitoring was
- disclosed [Friday] by The Washington Post. The conversations, which
- took place in the five weeks before the Presidential election, included
- discussions about Mr. Clinton's passport files, the officials said.
- The Federal Bureau of Investigation has opened an inquiry to see if
- the monitoring violated Federal wiretap statutes.
-
- `She Is Very Upset'
- Thomas C. Green, a lawyer for Ms. Tamposi, said today, "She was not
- aware at all that her calls were being monitored, and she is very upset
- about it."
- [State Department spokesman Richard A.] Boucher said [Deputy
- Secretary of State Lawrence S.] Eagleburger had ordered a halt to the
- unauthorized monitoring of telephone calls. Under a new policy, issued
- Oct. 15, "the operations center monitors a phone call only when one
- party to the conversation requests that the operations center stay on
- the line," Mr. Boucher said. The inspector general [of the State
- Department] "learned of the monitoring during its larger investigation"
- of passport records, Mr. Boucher said.
- The operations center contains sophisticated telecommunications
- equipment and routinely arranges phone calls for State Department
- officials.
- White House officials say the information obtained through such
- monitoring should not be used against Ms. Tamposi. But State Department
- lawyers say the monitoring of her calls appears to have been legal.
- Federal law strictly regulates the use of electronic eavesdropping
- and makes clear that such surveillance is allowed if one party to a
- telephone conversation knows about it or has given "prior consent."
- Government lawyers said the "party" in this case was the owner of the
- phone, the State Department, not Ms. Tamposi.
- But an expert on communications and privacy law, David R. Johnson, a
- lawyer in Washington at Wilmer, Cutler & Pickering, said an employer's
- authority to monitor an employee's phone conversations was a complex
- legal question.
- "A key ground rule is that en employer should establish policies
- governing use of communication facilities by employees and the
- monitoring of those facilities, and the employer ought to make clear to
- employees what those policies are," he said.
- State Department officials acknowledged that they had not always
- informed employees whose calls were monitored.
- ...
-
- Followups redirected out of sci.crypt.
-
- Amit
-