Totalitarian Government Has Already Begun This week's Endangered Liberties Commentary by Lisa S. Dean, Vice President of
Technology Policy at the Free Congress Foundation
Once upon a time, only a couple decades ago, there was a Communist state known as Bulgaria. Now Bulgaria had a Constitution
that purported to guarantee the rights of its citizens. Bulgaria also had a legislature comprised of those who were elected in single
party elections.
Late one night, the head of the Bulgarian Communist party, who was also the Bulgarian head of state, submitted measures to the
so-called Parliament giving him and his secret police additional weapons to combat subversion. Of course subversion meant any
action in opposition to his Communist government. These measures were passed immediately and without debate. We in America
couldn't begin to fathom this type of police state action against the people. But that was then and this is now. What happened in
Bulgaria two decades ago just happened in America two weeks ago!
In the waning hours of the 105th Congress, the FBI came up with its legislative "wish list." Included in the list were measures forcing
telephone and Internet companies to divulge information to the FBI on their customers, expanded definitions of terrorist acts to
include domestic crimes unrelated to terrorism, and its ability to conduct "roving wiretaps."
After looking over the list, Congressman Bob Barr said the list belonged in a conspiracy novel and not as part of serious
negotiations with the Congress. But that didn't stop Louis Freeh. After all, why should it? Every time he's lobbied Congress in the
past, he won. Why should this time be any different? And indeed, it wasn't. His 'wish list' went to the Conference Committee that
was considering the Intelligence Authorization bill for l999 and was then taken up by the Conferees who agreed to much that was on
the list, including the roving wire tap provision - all within a couple of hours. No debate, no discussion, and certainly no publicity.
That's because Louis Freeh knows that the 'roving wiretap' provision as well as the other 'wish list' items could never stand the light
of day.
Mind you, the only debate that ever took place in Congress on this issue was in the l04th Congress when it was soundly rejected.
The only way to get it passed was to insert it into a bill that was sure to go through and to do it at the last minute so no one had
time to object.
Roving wiretaps represent a serious change in the conduct of federal law enforcement. This is a huge power grab where abuse is
almost a certainty. With a roving wiretap, federal agents have the authority to tap any phone of any persons who are "proximate" to
the subject of criminal investigation. It is an open invitation for the government to monitor anybody who opposes the government
under the guise of fighting domestic terrorism. We condemn as strongly as anyone any form of genuine domestic or foreign
terrorism. But this law is so broad that even this commentary could be grounds for authorizing a wiretap. It used to be that at least a
court order had to be obtained for the FBI to initiate its wiretaps. Not any more. This law authorizes the FBI to wiretap for 48 hours
before asking for a court authorization. How much do you want to wager that taps will be started and discontinued for a couple of
days and started again and again and again without any court being involved whatsoever?
The public was not involved in this debate. Outside groups had no chance to weigh in. Bob Barr used the only instrument open to
him. He asked that the Conference report be sent back to have the roving wiretap provision deleted. 147 of his colleagues agreed
with him. 267 voted him down.
In a real Republican form of government there are rules. These rules make for orderly government. The time was not long ago if a
measure didn't pass either House of Congress, it couldn't be added in Conference report. Now we have no such rules and as a
result, our version of the secret police can get what they want with no media coverage, no debate in the Congress, no involvement
by the public, no knowledge of what they're doing by most legislators. These sorts of things only happen in totalitarian countries.
Often some activists claim that if this or that measure passes, or if President Clinton is not removed from office, it will be the end of
Constitutional government as we know it. I've got news for them. Take a look at the process by which the roving wiretap law passed
the Congress. Totalitarian government has already begun. The scale may be small, but once tolerated the threat will become greater
and greater. The congressional elections are only three weeks away. Is there anyone who will raise this issue anywhere in this
former Republic known as America?
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