[privacy] 7th Circuit Ruling Expands Use of FISA Wiretaps

["Fergie" <fergdawg () netzero net>]

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Via Law.com.

[snip]

Federal prosecutors may use wiretap evidence obtained under the Foreign
Intelligence Surveillance Act in spy cases for criminal prosecutions
unrelated to the original espionage purpose of the wiretap, the 7th U.S.
Circuit Court of Appeals has held.

The ruling is the first outside the special FISA court itself to interpret
the law as expanding the ability of prosecutors to use the act in a variety
of criminal contexts, according to defense attorney James Geis, a Chicago
solo practitioner representing Ning Wen, who was convicted of violating
export-control laws.

"Unless there is a constitutional problem in domestic use of evidence
seized as part of an international investigation, there is no basis for
suppression," wrote Chief Judge Frank Easterbrook in U.S. v. Wen, No.
06-1385.

"I think this holding makes it virtually impossible to challenge a FISA
search," said Geis. "This pretty much makes it bulletproof."

[snip]

More:
http://www.law.com/jsp/article.jsp?id=1167732121464

- - ferg

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--
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawg(at)netzero.net
 ferg's tech blog: http://fergdawg.blogspot.com/

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