NCJ Number
53264
Date Published
1978
Length
11 pages
Annotation
ISSUES CONCERNING THE INHERENT DILEMMA IN DEMOCRATIC SOCIETIES BETWEEN ENSURING SECURITY AND PERMITTING THE EXERCISE OF CIVIL LIBERTIES ARE DISCUSSED.
Abstract
IN ORDER TO BALANCE THE CONFLICTING INTERESTS OF SECURITY AND LIBERTY WITHIN CONTEMPORARY SOCIETY THE FEDERAL GOVERNMENT MUST USE ITS CAPABILITIES FOR LAW ENFORCEMENT AND INVESTIGATION WITH THE UTMOST CARE. A MARKED ESCALATION IN THE USE OF SURVEILLANCE TECHNOLOGY HAS OCCURRED, CAUSING POLICY PROBLEMS IN THE DEFINITION OF CLEARLY LEGITIMATE GOVERNMENT INTERESTS AND LIMITATIONS. ALTHOUGH A GOVERNMENT IS OBLIGED TO PERMIT SOME USE OF SURVEILLANCE TECHNOLOGY IN THE ENFORCEMENT OF ITS LAWS, IT MUST AVOID ABUSES AND INVASIONS OF PRIVACY AND THE CONSTITUTIONAL RIGHTS OF FREE SPEECH, SECURITY AGAINST UNREASONABLE SEARCHES, AND PROTECTION AGAINST SELF-INCRIMINATION. ABUSES HAVE OCCURRED INCLUDING ILLEGAL WIRETAPS, USE OF COMPUTERIZED PERSONAL RECORDS SYSTEMS FOR POLITICAL PURPOSES, AND THE HARRASSMENT OF INDIVIDUALS AND GROUPS. FEDERAL AGENCIES SUCH AS THE CENTRAL INTELLIGENCE AGENCY AND THE FEDERAL BUREAU OF INVESTIGATION HAVE ENGAGED IN SURVEILLANCE OR HAVE PROMOTED IT THROUGH GRANTS TO STATE AND LOCAL AGENCIES. IN THE ABSENCE OF COMPREHENSIVE STATUTORY CONTROLS, THE PRACTICES OF THE AGENCIES HAVE VARIED ACCORDING TO THEIR DEGREE TO INDEPENDENCE AND THEIR AREAS OF RESPONSIBILITIES. REGULATORY LEGISLATION SUCH AS THE OMNIBUS CRIME CONTROL ACT OF 1968, PROVIDES EXEMPTIONS TO THE PRESIDENT WHICH PERMIT SURVEILLANCE FOR 'NATIONAL SECURITY' REASONS. SOME GUIDELINES ARE NOTED WHICH DO RESTRICT THE USE OF SURVEILLANCE TECHNOLOGY, AND ADDITIONAL REGULATIONS ARE SEEN TO BE FORTHCOMING. THE NEED FOR CONGRESSIONAL OVERSIGHT OF EXECUTIVE ACTIONS IS EMPHASIZED. (AUTHOR ABSTRACT MODIFIED--TWK)