2:50 PM

Bruce Schneier on warrants:

Unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. People ask: “Should we use this new surveillance technology to catch terrorists and criminals, or should we favor privacy and ban its use?”

This is the wrong question. We know that new technology gives law enforcement new search techniques, and makes existing techniques cheaper and easier. We know that we are all safer when the police can use them. And the Fourth Amendment already allows even the most intrusive searches: The police can search your home and person.

What we need are corresponding mechanisms to prevent abuse. This is the proper question: “Should we allow law enforcement to use new technology without any judicial oversight, or should we demand that they be overseen and accountable?” And the Fourth Amendment already provides for this in its requirement of a warrant.

The search warrant - a technologically neutral legal requirement - basically says that before the police open the mail, listen in on the phone call or search the bit stream for key words, a “neutral and detached magistrate” reviews the basis for the search and takes responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure protecting us from abuse and making us more secure.

Much of the rhetoric on the “security” side of the debate cloaks one of its real aims: increasing law enforcement powers by decreasing its oversight and accountability. It’s a very dangerous road to take, and one that will make us all less secure. The more surveillance technologies that require a warrant before use, the safer we all are.