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 Technology News | November 2006 
ACLU Seeks Again to Block Wiretaps
 Associated Press
| | The surveillance program monitors international phone calls and emails to or from the United States involving people suspected by the government of having terrorist links. |
Warrantless wiretaps that the government says are necessary to fight terrorism pose a threat to American democracy, the American Civil Liberties Union said in court papers filed Tuesday.
The ACLU is asking the 6th U.S. Circuit Court of Appeals to reinstate a lower court decision that said the Bush administration's warrantless surveillance program is unconstitutional.
President Bush has said the program is needed to detect terrorists. Opponents argue it oversteps constitutional boundaries on free speech, privacy and executive powers.
"The government's sweeping theory of executive power would allow the president to violate any law passed by Congress," the ACLU said. "This theory presents a profound threat to our democratic system."
The government argued in its brief filed last month that the surveillance program is necessary to protect the nation from an ongoing national security threat.
"As we stated in our appeal, the Constitution gives the president the full authority necessary to carry out that solemn duty, and we believe the program is lawful and protects civil liberties," said Justice Department spokesman Charles Miller.
A federal judge in Detroit ruled Aug. 17 that the program violates the rights to free speech and privacy and the separation of powers.
A three-judge panel of the Cincinnati-based appeals court ruled Oct. 4 that the administration could keep the program in place while it appeals the Detroit decision.
The surveillance program monitors international phone calls and emails to or from the United States involving people suspected by the government of having terrorist links. A secret court has been set up to grant warrants for such surveillance, but the government says it can't always wait for a court to act. |
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