Why was the Wiretap Act of 1968 enacted? What type of activities is it designed to control? What procedures did it establish?

Question

What will be an ideal response?

Answer 1

The issue was electronic surveillance in two Supreme Court cases in 1967-68 (Katz v. United States, and Berger v. New York). In Katz a listening device was attached to the outside of a telephone booth; in Berger, conversations were seized after obtaining a surveillance warrant, but the Supreme Court struck down the statute that allowed a state court judge to grant the warrant. The United States Congress reviewed the two decisions and tailored the Wiretap Act so that there was a legal vehicle whereby judges could authorize electronic surveillance warrants. The two highest publicity situations covered by the Wiretap Act were espionage and organized crime. The list of federal crimes for which electronic surveillance warrants could be issued is long, and in the 40 years since it was originally enacted the list has grown. Amendments added by the USA PATRIOT Act focus on international terrorism.
The Wiretap Act of 1968 set up a process for obtaining warrants that authorize the installation of wiretaps or other types of electronic listening devices. The process is the same for both. The applicant must provide the court with a strong showing of probable cause that a crime listed in the legislation is in progress. They are required to demonstrate that normal investigative procedures are inadequate. This is usually done by showing that the normal techniques have been tried without success, or that it is too dangerous to try them. Traditionally, the telephone lines used by the criminal enterprise had to be identified. More recently, the USA PATRIOT Act amended the Wiretap Act and made it possible to obtain roving warrants that apply to phones used by the targets of the investigation, even though these phones were not in use when the order was granted. The names of all known members of the criminal enterprise must be listed. Utility companies are required to assist law enforcement install court authorized wiretaps.