By Al Colombo

In 1994/1995, while reporting on the Roving Wire Tap bill that was before Congress, I began to realize just how pervasive intended laws like this were going to become in the 21st Century. Now that we're here, five or six years later, nothing has changed my thinking on this.

Up until that time, I was gung-ho on this sort of tool for law enforcement. But, since that time, I've come to understand that there is a fundamental difference between the various protectionary laws of the previous era and those developing today. That fundamental difference relates to Integrity, or the lack thereof.

For younger officers, as well as the general public, what is taking place may not appear unamerican or invasive by nature. But to older police officers, as well as older Americans, it should be quite clear that it is--if one should take the time to closely study all the issues involved.

But, this is certainly becoming a New Order, or New World Order, as President George Bush said during his presidency so many times. The question that we must ask ourselves, however, is it the kind of world that we really want to see come about?

Covert surveillance practices, such as Carnivore, smacks of Russian KGB and the Gastapo of Nazi Germany in the 1930s and 1940s--not America in this modern age. This is the home of the free, the land of the brave, and the country with the Bill of Rights that guarantees the right to privacy. Does Carnivore guarantee that to the law abiding? I don't think so.

Yes, I'm for catching the bad guys, but where, in the past, law enforcement and the federal government had to play by rules that safeguarded citizen privacy, now, they appear to be trampling it under foot.

• Doesn't it bother you that anyone, anywhere, at anytime can scan your allegedly "private" communications?
• Doesn't it bother you that anyone, anywhere, at anytime can look in on your personal affairs without asking you or telling you?
• Doesn't it bother you that anyone, anywhere, at anytime may soon be able to covertly enter your home or place of business, access your computer, plant back doors, glean information, plant bugs, and tap your environment or phone without telling you--and make return trips at any time without notifying you?
• Doesn't it bother you that a police officer can initiate a wire tap before obtaining a court order, so long as he goes to a judge 48 hours within the time he initiated it?
• Doesn't it bother you that law enforcement officers will someday only have to obtain permission from a senior officer to obtain a warrant, rather than going through the traditional judge? (It's been reported to me that this is happening in some jurisdictions today)
• Doesn't it bother you that the federal government and domestic law enforcement agencies, those who have turned their departments over to DoJ control through federal money and training programs, can go on fishing expeditions through extremely intrusive technologies, like Carnivore?

Although I am not for massive surveillance systems like Carnivore and multi-point wiretaps, when I see the ACLU work to thwart it, and I consider the hundreds of thousands of e-mails that the White House would rather sit on than give up to the judge, I wonder which is better. After all, technologies like these are as a two-edged sword. Not only do they snare those who politically disagree with those in power, but they can be used to snare those in political power who intend harm on others.

This is certainly a complex issue, one that needs to be studied carefully and regulated just as closely. For my police officer and federal enforcement friends, please consider the enormous potential for abuse in the work you do, especially by those who occupy seats of power in government, local or otherwise. I realize it's not always possible to find out the "why" behind an order from uptop, but it would sure be good if you asked questions.

Those of you who try to do the "right" thing, I realize that the environment is becoming somewhat toxic out there, and I know that some of you would rather take early retirement or simply resign and find work elsewhere, but if all the "good" enforcement people leave the profession, it will leave only the "bad" and "questionable" ones to police society. Please consider remaining in your chosen career and working to do the right thing from within the department you are in.

For additional information, please read the following article, The technology behind FBI's 'Carnivore', written by Ben Charny, ZDNet News US.