http://news.com.com/2100-1023-961955.html
Appeals court OKs fax intercepts
By Declan McCullagh
October 14, 2002, 11:08 AM PT
FBI agents were not overzealous when conducting electronic
surveillance against members of anti-government group the Montana
Freemen, a federal appeals court has ruled.
In what appears to be the first decision dealing with fax
interception, a three-judge panel from the Ninth Circuit Court of
Appeals said on Friday that police did not violate federal wiretap
laws when spying on the group, whose key members were convicted in
1998 of bank fraud.
Legal experts said the 3-0 ruling, a considerable victory for the
government, reaffirms police abilities to seek court approval to snare
e-mail--with little worries about running afoul of federal law.
"Law enforcement is entitled to latitude to scrutinize messages by
conspirators, because such messages may contain double meanings and
implied purposes, or even be conveyed in secret code," the court wrote
in a 22-page opinion. "We decline to adopt a rule that would require
law enforcement to review conspirators' communications with a blind
eye."
[...]
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Received on Oct 15 2002
Intro
