Source=www.defendyourprivacy.com
Action Alert!
October 12, 2000
Secret searches provision could pass Congress by Friday,
and we need your help to stop it!
Privacy Update
The week before Congress adjourns is always a hazardous time for privacy rights, and this week is no exception. Politicians are rushing to pass several mammoth spending bills by Friday so they can leave Washington to campaign.
Unfortunately, one of those bills may contain another "sneak attack" on your privacy: a provision empowering federal bureaucrats to subpoena electronic records without a warrant -- and without ever having to notify the owner that their property has been searched.
Sources on Capitol Hill are warning that in the final crush of business, Congress may quietly approve this bill -- S. 2516, the Fugitive Apprehension Act of 2000 -- or slip it into an unrelated bill.
Please read this brief background item and take the action described below immediately.
--------------------------------------------------------------------------------
Background:
The Fugitive Apprehension Act of 2000 (S. 2516), sponsored by Sens. Orrin Hatch, R-UT, and Patrick Leahy, D-VT, passed the Senate on July 26. If it passes the House this week it will become law.
Its stated purpose is to "fund task forces to locate and apprehend fugitives in federal, state and local felony criminal cases and give administrative subpoena authority to the United States Marshals Service."
Interestingly, the bill defines the term fugitive as someone who has merely been "accused" and not necessarily convicted of a crime.
And although the bill appears to be focused on "fugitives," it gives the government alarming new powers to search the property owned or controlled by people who are merely witnesses. You could be considered a witness if you have a friend, roommate, neighbor, spouse, or family member who is merely under investigation by a government agency.
If that happens, government agents would have the power to issue an "administrative subpoena," or the power to search your property and private records without a court order -- and without ever having to tell you they did so.
Specifically, S. 2516 gives federal bureaucrats the power to:
Search your "electronic data," such as bank records, school records, medical data, phone bills, and e-mail account. The bill says the government "may subpoena witnesses for the purpose of the production of any tangible records (including books, papers, documents, electronic data, and other tangible and intangible items) that are relevant to determining the whereabouts of the fugitive."
Demand that a third party, such as your bank or Internet Service Provider, turn over your personal records.
Order that third party to refrain from telling you that your records have been searched and/or seized by the government. Under a "delayed notice" provision in Section 1075 (g), the bill says the government may apply for an order "commanding the provider of electronic communication service or remote computing service not to notify any other person of the existence of the subpoena."
Gives anyone who provides this information about you immunity from civil liability, meaning they can't be held accountable for violating your privacy -- or for failing to tell you that they have disseminated your records.
This dramatic expansion of government power could pass Congress as early as Thursday, so please help us kill it immediately.
What to do:
Contact your Congressional representative and your two U.S. Senators immediately by calling the Capitol Hill switchboard at (202) 225-3121 or (202) 224-3121.
What to say:
Identify yourself and let them know you are a voter in their district. Leave your name, address, complete with ZIP code, and phone number. Please be brief, especially if you are leaving a message.
Tell them to vote NO on S. 2516, the Fugitive Apprehension Act of 2000, sponsored by Sens. Hatch and Leahy. Tell them to vote against this bill in whatever form it takes. For example, it may be snuck through as an amendment to HR 3048, The Presidential Protection Act of 2000. Tell them to vote NO on any larger bill that contains this language.
Let them know that you oppose this bill because:
It is a flagrant attack on your privacy rights. Federal employees have no business rifling through your personal property or electronic records simply because an acquaintance or business associate may be under investigation.
It is an unconstitutional search, because no court order or search warrant is required.
The "secret searches" provision is especially objectionable. Empowering federal bureaucrats to violate your privacy is bad enough, but allowing them to do so without ever notifying you is outrageous, because that makes it impossible to hold them accountable.
Ask them to confirm their position on this secret searches bill, since you'll want to show their letter to all of your friends and relatives -- who are also registered voters in their district.
Finally, E-mail this "action item" to a friend, and ask them to call their representative, too.
Thank you for your help!
Sincerely,
Steve Dasbach
National Director
Libertarian Party
Sponsored and developed by the Libertarian Party:
Action Alert!
October 12, 2000
Secret searches provision could pass Congress by Friday,
and we need your help to stop it!
Privacy Update
The week before Congress adjourns is always a hazardous time for privacy rights, and this week is no exception. Politicians are rushing to pass several mammoth spending bills by Friday so they can leave Washington to campaign.
Unfortunately, one of those bills may contain another "sneak attack" on your privacy: a provision empowering federal bureaucrats to subpoena electronic records without a warrant -- and without ever having to notify the owner that their property has been searched.
Sources on Capitol Hill are warning that in the final crush of business, Congress may quietly approve this bill -- S. 2516, the Fugitive Apprehension Act of 2000 -- or slip it into an unrelated bill.
Please read this brief background item and take the action described below immediately.
--------------------------------------------------------------------------------
Background:
The Fugitive Apprehension Act of 2000 (S. 2516), sponsored by Sens. Orrin Hatch, R-UT, and Patrick Leahy, D-VT, passed the Senate on July 26. If it passes the House this week it will become law.
Its stated purpose is to "fund task forces to locate and apprehend fugitives in federal, state and local felony criminal cases and give administrative subpoena authority to the United States Marshals Service."
Interestingly, the bill defines the term fugitive as someone who has merely been "accused" and not necessarily convicted of a crime.
And although the bill appears to be focused on "fugitives," it gives the government alarming new powers to search the property owned or controlled by people who are merely witnesses. You could be considered a witness if you have a friend, roommate, neighbor, spouse, or family member who is merely under investigation by a government agency.
If that happens, government agents would have the power to issue an "administrative subpoena," or the power to search your property and private records without a court order -- and without ever having to tell you they did so.
Specifically, S. 2516 gives federal bureaucrats the power to:
Search your "electronic data," such as bank records, school records, medical data, phone bills, and e-mail account. The bill says the government "may subpoena witnesses for the purpose of the production of any tangible records (including books, papers, documents, electronic data, and other tangible and intangible items) that are relevant to determining the whereabouts of the fugitive."
Demand that a third party, such as your bank or Internet Service Provider, turn over your personal records.
Order that third party to refrain from telling you that your records have been searched and/or seized by the government. Under a "delayed notice" provision in Section 1075 (g), the bill says the government may apply for an order "commanding the provider of electronic communication service or remote computing service not to notify any other person of the existence of the subpoena."
Gives anyone who provides this information about you immunity from civil liability, meaning they can't be held accountable for violating your privacy -- or for failing to tell you that they have disseminated your records.
This dramatic expansion of government power could pass Congress as early as Thursday, so please help us kill it immediately.
What to do:
Contact your Congressional representative and your two U.S. Senators immediately by calling the Capitol Hill switchboard at (202) 225-3121 or (202) 224-3121.
What to say:
Identify yourself and let them know you are a voter in their district. Leave your name, address, complete with ZIP code, and phone number. Please be brief, especially if you are leaving a message.
Tell them to vote NO on S. 2516, the Fugitive Apprehension Act of 2000, sponsored by Sens. Hatch and Leahy. Tell them to vote against this bill in whatever form it takes. For example, it may be snuck through as an amendment to HR 3048, The Presidential Protection Act of 2000. Tell them to vote NO on any larger bill that contains this language.
Let them know that you oppose this bill because:
It is a flagrant attack on your privacy rights. Federal employees have no business rifling through your personal property or electronic records simply because an acquaintance or business associate may be under investigation.
It is an unconstitutional search, because no court order or search warrant is required.
The "secret searches" provision is especially objectionable. Empowering federal bureaucrats to violate your privacy is bad enough, but allowing them to do so without ever notifying you is outrageous, because that makes it impossible to hold them accountable.
Ask them to confirm their position on this secret searches bill, since you'll want to show their letter to all of your friends and relatives -- who are also registered voters in their district.
Finally, E-mail this "action item" to a friend, and ask them to call their representative, too.
Thank you for your help!
Sincerely,
Steve Dasbach
National Director
Libertarian Party
Sponsored and developed by the Libertarian Party: