23 Jun THE POWER OF FBI SURVEILLANCE
Carnivore: The Power Of FBI Surveillance
Abstract: This paper provides an analysis of the privacy issues associated with governmental Internet surveillance, with a focus on the recently disclosed FBI tool known as Carnivore. It concludes that, while some system of surveillance is necessary, more mechanisms to prevent abuse of privacy must exist.
Communication surveillance has been a controversial issue in the US since the 1920’s, when the Supreme Court deemed unwarranted wiretaps legitimate in the case of Olmstead v United States. Since telephone wires ran over public grounds, and the property of Olmstead was not physically violated, the wiretap was upheld as lawful. However, the Supreme Court overturned this ruling in 1967 in the landmark case of Katz v United States. On the basis of the fourth amendment, the court established that individuals have the right to privacy of communication, and that wiretapping is unconstitutional unless it is authorized by a search warrant. [Bowyer, 142-143] Since then, the right to communication privacy has become accepted as an…
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