Nadav Har'El wrote:
>
> However, look at the other powers the police have, which are far more serious
> than searching of evesdropping. The police have guns, and can shoot you, for
> example. Before a policeman shoots you, does he need to get written
> authorization from a judge? No, of course not. But he knows that *after* the
> fact, he will be judged, and if he abused his power, he's going to jail for
> a long time.
Yes, that is a valid argument. The main difference is, of course, that
if a policeman shoots someone, the chances of no one related to the
victim noticing are extremely small. Questions such as whether people
are believed, whether the policeman can still walk even if he abuses
power etc. are all good questions, but they are nullified by the major
problem - with evesdropping, the chance of the police getting into any
kind of trouble from which he will have to wriggle free are close to nill.

So, the above law could be improved by saying, for example, that anyone
whose records are pulled will have to be notified (preferably by an
automatic system) as soon as the investigation can allow it, but never
later than a month after the information was pulled (unless a judge
thinks further secrecy is still needed). Put that into the automatic
system that does the evesdropping (and make sure that only someone from
the judiciary system has the technical permissions to extend the one
month expiry), and I think you may actually get a net improvement over
the situation as it is today.

Shachar

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