While the U.S. Congress is nearing a vote on a bill that would expand federal wiretapping in order to combat terrorism, most states are taking a go slow approach. In the wake of the September 11 attack on the World Trade Towers, New York lawmakers broadened their wiretap laws to add terrorist activities to the list of offenses police can investigate with electronic eavesdropping.
So far though, only one other state -- Florida-- is considering following New York's lead. Foes of increasing states' surveillance powers say state prosecutors may never use new wiretapping laws because terrorism comes under the purview of federal prosecutors and federal courts.
They say the FBI already has all the authority it needs to get a wiretap when it has evidence of a potential bombing or terrorist attack.
"In terms of international terrorism investigations, state and local police have only a supporting role to play in most instances, since so much of the information is classified," said privacy advocate Jim Dempsey, deputy director of the Center for Democracy and Technology. "It would be a mistake for a state to take the lead on a terrorism-related wiretap."
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