[sliverstorm]

Yeah, it is a damn tough question. Criminals have more tools than ever for operating under the radar, so restricting agents to traditional rules for investigation & surveillance seems like a mistake. But on the other hand, how do you grant increased surveillance capabilities to counter increased covert capabilities, without ruining privacy? Basically, it's like privacy is caught in the crossfire.

[pdkl95]

Criminals have always had lots of tools available to them; by definition, they aren't restricted by law, which opens up many possibilities not available to the rest of society. Nobody ever said police work is (or should be) easy.

Despite that, the answer to how you grant increased surveillance capabilities is easy: you get a warrant.

It isn't a terribly difficult bar to reach - judges will hand out warrants quite easily. We - the citizens - just ask that those asking for such capabilities ask for them (each time...), and at least show they have some minimal sort of reason to want such easily-abused capabilities.

Requiring the warrant therefor shouldn't slow down legitimate investigations more than a trivial amount. If enforced, on the other hand, it does act as a "limiter" to sweeping abuses.