21      New Technologies: Wiretapping, Privacy, and Related First Amendment Issues

In addition to the online legal issues examined in previous chapters, the use of communications technologies to perform surveillance functions is of equal importance. While criminal and terrorist activities have been monitored for years, the privacy implications remain a major source of controversy. Of particular concern is the collateral damage caused when individuals not under investigation are caught in the surveillance net and don’t realize it. In sum, this chapter will examine the various issues surrounding the legal “tug of war” between the need for security versus the need for privacy.

WIRETAPPING AND ENCRYPTION

Introduction

In the past, the structure of ...

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