Bruce Schneier's latest op-ed asks us to consider the warrant process — where a cop has to show evidence and follow procedure before invading your privacy — is itself a security measure.
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.
