Secret searches provision could pass Congress by Friday,
and we need your help to stop it!
===============
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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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
==============
WWW links:
National Review article:
nationalreview.com
WorldNetDaily article:
worldnetdaily.com
The bill itself:
thomas.loc.gov
(You may need to copy the URL above and paste it into your
browser's "Location" field; the URL MUST contain the last ":"
character for the bill text to display properly)
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