Interesting points about the government’s new powers to electronically eavesdrop on private communications, from internet security expert Bruce Schneier: Curb electronic surveillance abuses. It’s a good and important thing to keep examining these issues, and to be on the lookout for abuse; the right to privacy is one of the basic principles of the American republic.

Unfortunately, the debate often gets mischaracterized as a question about how much privacy we need to give up in order to be secure. People ask: “Should we use this new surveillance technology to catch terrorists and criminals, or should we favor privacy and ban its use?”

This is the wrong question. We know that new technology gives law enforcement new search techniques, and makes existing techniques cheaper and easier. We know that we are all safer when the police can use them. And the Fourth Amendment already allows even the most intrusive searches: The police can search your home and person.

What we need are corresponding mechanisms to prevent abuse. This is the proper question: “Should we allow law enforcement to use new technology without any judicial oversight, or should we demand that they be overseen and accountable?” And the Fourth Amendment already provides for this in its requirement of a warrant.

The search warrant - a technologically neutral legal requirement - basically says that before the police open the mail, listen in on the phone call or search the bit stream for key words, a “neutral and detached magistrate” reviews the basis for the search and takes responsibility for the outcome. The key is independent judicial oversight; the warrant process is itself a security measure protecting us from abuse and making us more secure.