Republicans Push Wiretapping Bill

By the time legislators voted to pass a bill that would modify the state’s definition of a wiretap technology called pen registers, concerns about civil liberties had all but disappeared from the debate, replaced by political swipes at the Milwaukee County District Attorney.

Republican lawmakers who pushed the bill advocated it as a way for law enforcement to more effectively obtain warrants to intercept social media information. It also granted local prosecutors the ability to request pen register and trap/trace warrants outside of their own county.

The Wisconsin District Attorneys Association registered in favor of the bill. The American Civil Liberties Union (ACLU) of Wisconsin was against it, stating it differed from federal law “in ways that leave even lower protections from privacy intrusions by local law enforcement than the public from the federal government.” Both Rep. Tip McGuire (D-Kenosha) and Rep. Shae Sortwell (R-Two Rivers) shared concerns about the privacy implications of the bill.

A pen register is a form of intercept that allows for the collection of basic information, like what numbers are calling to and from a phone. Lawmakers argued it would ease the process of obtaining the social media equivalent of a phone number. Telecommunications and wiretap experts, however, feared it would act as a back door for police. Particularly since the bill seemed to allow for pen registers to be utilized beyond what are typically facilitated by service providers.

Ben Levitan, a telecommunications engineer and an expert witness for wiretap cases, called it “a sneaky law that allows law enforcement to request a ‘pen register’ from a judge,” when in reality, “[the judge] is giving law enforcement permission to use [their own] device.” Levitan stressed that, “a judges order is an order on the cell phone company, not a license to go wiretap on your own.”

When the bill passed the Assembly Committee on Criminal Justice and Public Safety on Feb. 9, though, none of that came up. Rep. Cody Horlacher (R-Mukwonago), vice-chair of the committee, voted against the bill due to the authority it grants local prosecutors. “We already know that we have a failure in the DA’s office in Milwaukee County,” said Horlacher, continuing attacks from the GOP on the office that have persisted since the Waukesha Christmas Parade tragedy last year. “And to add additional possibilities to that office, I don’t see where this bill is keeping in line with making sure that everybody should adhere to their own jurisdiction.”

Since first sharing his own concerns about the bill, Sortwell had changed his stance. Zach Pfaffenbach, a research assistant and committee clerk in Sortwell’s office, told Wisconsin Examiner that Sortwell’s concerns were quelled. Sortwell’s concerns were “addressed and resolved after discussions with [Attorney General Josh] Kaul, mainly pertaining to the procedure. It was assured that proper approval by the court would be maintained in the bill, which is part of the constitutional procedure in the fourth Amendment,” said Pfaffenbach.

Goalpost moves on Republican-backed wiretap bill was originally published by the Wisconsin Examiner.