FC: Rep. Armey questions Interior Department photo radar system

From: Declan McCullagh (declanat_private)
Date: Tue May 08 2001 - 08:26:16 PDT

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    [For those of us who are Washingtonians, this is not merely a theoretical 
    concern: Much of the area is technically under the Park Police's 
    jurisdiction. BTW all four complimentary tickets to tomorrow's event have 
    been claimed; you can register online (and pay) if you're planning to come. 
    --Declan]
    
    *********
    
    From: "Diamond, Richard" <Richard.Diamondat_private>
    Subject: Armey on proposed federal photo radar expansion
    Date: Tue, 8 May 2001 11:02:20 -0400
    
    Interior Secretary Should End Federal Surveillance Camera Effort
    Photo Radar Program Undermines Privacy
    
    	House Majority Leader Dick Armey wrote to Interior Secretary Gale
    Norton today asking her to end the unprecedented federal photo radar camera
    program that began under former Secretary Bruce Babbitt. "Photo radar" units
    snap photographs of passing motorists for the purpose of identifying and
    mailing speeding citations to alleged speeders.
    
    	"I am concerned that this may be seen as a step toward a Big Brother
    surveillance state, where the government monitors the comings and goings of
    its citizens," wrote Armey.
    
    	The National Park Service proposed a rule last year that would allow
    photo radar units to be activated on park roads within the Washington, D.C.
    metropolitan area. Once finalized, however, this rule could be extended to
    cover any of the 5,000 miles of park roads throughout the country. Such a
    rule would also set a precedent for other federal and local jurisdictions to
    follow.
    
    	"The Park Service, without Congressional approval, is planning to
    turn this into a revenue-raising system that issues tickets to motorists,"
    wrote Armey.
    
    	Two photo radar cameras currently operate in a test mode on the
    George Washington Memorial Parkway in Virginia. Since the speed limit on
    this road is set well below the average speed of traffic, as many as 30,000
    motorists a day could receive a ticket in the mail.  Activating these
    cameras would clearly generate significant ticket revenue.	
    
    	The Park Service took this action despite Virginia Governor James S.
    Gilmore's vocal opposition to the use of such traffic surveillance systems
    within his state. Armey cited a letter Gilmore wrote to him last year.
    
    	"While there is clearly the necessity to assure public safety
    through effective enforcement of traffic laws, the use of cameras, operating
    without human judgment reduces our system of justice to trial by machinery
    without the presumption of innocence," wrote Gilmore.
    
    	"I respectfully urge you to review former Secretary Babbitt's spy
    camera program and take the steps needed to protect the privacy of the
    millions of Americans who use and depend on park roads," Armey concluded in
    his letter to Norton.
    
    A copy of the letter is attached. For more information, visit
    www.freedom.gov
    # # #
    
    
    
    May 8, 2001
    The Honorable Gale Norton
    U.S. Department of the Interior
    1849 C Street, N.W.
    Washington, D.C. 20240
    
    Dear Secretary Norton,
    
    	As a conservative, I am distressed by encroachments upon our
    liberty, however small they may be.  For that reason, I wanted to bring to
    your attention an issue, though small, that I believe has the potential to
    become a significant privacy concern for the millions of Americans who use
    park roads.
    
    	The National Park Service undertook an unprecedented expansion of
    the use of photographic radar cameras on federal roads last year.  It first
    installed cameras on roads located within the Commonwealth of Virginia as
    part of an authorized demonstration project. Now the Park Service, without
    Congressional approval, is planning to turn this into a revenue-raising
    system that issues tickets to motorists.
    
    	In essence, what these cameras do is turn the duty and judgment of
    law enforcement officers over to a machine. Citizens lose their
    constitutionally guaranteed right to face their accuser in court when the
    due process of law is traded for the efficiency of revenue generation. You
    can't argue your case to a machine.
    
    	People feel the burden where similar systems have been put in place.
    In the District of Columbia, for example, red light cameras indiscriminately
    mail out tickets to mourners involved in funeral processions and even
    ambulances and police cars. Last year, the District reluctantly admitted
    that it had unfairly issued tickets to at least 20,000 motorists with a
    single camera.
    
    	I'm committed to doing what it takes to make our roads safer, but
    not at the cost of our fundamental rights.  Likewise, I am concerned that
    this may be seen as a step toward a Big Brother surveillance state, where
    the government monitors the comings and goings of its citizens.
    
    	Enclosed you will find a copy of a letter the Governor of Virginia
    sent to me last year expressing his opposition to the Park Service's plan.
    Not only did the Park Service fail to consult him on this matter, it did not
    even have the courtesy to notify him when it opened a public comment period.
    The federal government should not impose this system on a state that sees it
    as a most unwelcome development.
    
    	I have confidence that you will appreciate the privacy concerns that
    Governor Gilmore and I have raised.  I respectfully urge you to review
    former Secretary Babbitt's spy camera program and take the steps needed to
    protect the privacy of the millions of Americans who use and depend on park
    roads.
    
    				Sincerely,
    				DICK ARMEY
    				Majority Leader
    
    
    
    
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