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JAMES G. CARR Until 1968 n o legislation existed in th e Federal Republic of Ger many which authorized West German law enforcement agencies or intelligence services to employ wiretapping. During that year—al most simultaneously with enactment in the U.S. of Title III of the Omnibus Crime Control and Safe Streets Act, ou r first federal elec tronic surveillance statute—the German federal parliament adopted legislation enabling and regulating wiretapping by German law en forcement officials and intelligence agencies. During th e intervening te n year s courts in th e U.S. hav e granted annually up to 800 electronic eavesdropping (i.e., wiretapping and microphone surveillance) orders, while between 1973 an d 1978 Ger man courts, on a n annual basis, wen t from slightly more tha n 100 t o over 500 wiretapping orders, with a slight reduction in 1979. The JAMES G. CARR is United States Magistrate, Northern District of Ohio. When th e research for this article was conducted, the author was a Professor of Law at the Uni versity of Toledo. Research in Germany during 1977-78 for this article was mad e pos sible by a Fulbright Research Grant and a sabbatical leave from the University
American Journal of Comparative Law – Oxford University Press
Published: Oct 1, 1981
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