FC: House Judiciary to vote on anti-terror bill today; EPIC letter

From: Declan McCullagh (declanat_private)
Date: Wed Oct 03 2001 - 07:18:10 PDT

  • Next message: Declan McCullagh: "FC: Spain anti-terror plans contemplate more surveillance, searches"

    http://www.wired.com/news/conflict/0,2100,47264,00.html
    
        Terror Bill Foes Seek Changes
        By Declan McCullagh (declanat_private)
        6:53 a.m. Oct. 3, 2001 PDT
    
        WASHINGTON -- Opponents of increased wiretapping powers for police are
        preparing a series of last-minute amendments before a scheduled vote
        in Congress Wednesday afternoon.
    
        The amendments are a hastily organized attempt to excise the most
        controversial surveillance sections from an anti-terrorism bill when
        the House Judiciary committee meets to vote on it at 2 p.m. EDT.
    
        [...]
    
    *********
    
    Date: Wed, 3 Oct 2001 10:12:23 -0400
    To: Declan McCullagh <declanat_private>
    From: Marc Rotenberg <rotenbergat_private>
    Subject: EPIC Letter to Congress (10.2.01)
    
    Declan -
    
    I'd appreciate if you would forward to FC. The House
    is expected to act later today.
    
    Regards,
    
    Marc Rotenberg.
    
    -----------------------
    
    http://www.epic.org/privacy/terrorism/cong_ltr_10_02_01.html
    EPIC Letter to Congress on Proposed Anti-Terrorism Legislation
    
    October 2, 2001
    
    Dear Member of Congress:
    
    We write first to thank you for your response to the tragic events
    of September 11. The Congress has already taken many steps to help
    safeguard America, to begin the process of healing and rebuilding,
    and to restore America's confidence in air travel. These are
    important measures that respond to the public's concerns in the
    aftermath of the crisis.
    
    Now that new proposals are before the Congress for significant
    changes in the law relating to electronic privacy, immigration
    policy, police procedures, criminal investigations, and grand jury
    practices, we ask you to consider carefully whether these provisions
    respond to the needs of investigating and preventing terrorist acts
    or whether they risk diminishing basic freedoms at a time of crisis.
    
    Going forward, we urge you to consider that:
    
    	* Any expansion of existing authorities should be based upon a
    	clear and convincing demonstration of need. Congress should
    	assess the likely effectiveness of any proposed new powers in
    	combating the threats posed by terrorist activity.
    
    	* Any new authorities deemed necessary should be narrowly
    	drawn to protect the privacy and constitutional rights of the
    	millions of law-abiding citizens who use the Internet and
    	other communications media on a daily basis.
    
    	* The longstanding distinction between domestic law
    	enforcement and foreign intelligence collection should be
    	preserved to the greatest extent possible consistent with the
    	need to detect and prevent terrorist activity.
    
    Specifically, we recommend that the FISA standard for surveillance
    authority not permit the gathering of evidence for routine criminal
    investigations. This proposal will reduce the authority of the
    judiciary and dramatically increase electronic surveillance. We
    further oppose efforts to treat computer crime as an act of
    terrorism. Such a change would bring disproportionate investigative
    resources to many routine crimes and obscure the larger threat that
    genuine terrorist acts present. Many of the other proposed
    expansions of surveillance authority are not limited to
    investigations of terrorism, but would be generally applicable to
    all criminal investigations. Any measures deemed necessary to
    address the current circumstances should be confined to cases
    involving suspected terrorist activity.
    
    Further, the proposed expansion of pen register authority would
    increase the use of the FBI's controversial Carnivore system. An
    independent review team retained by the Justice Department to
    examine Carnivore found that the system is subject to abuse, and
    recommended specific changes to better protect privacy. But none of
    those recommendations have been implemented. Nor has the Department
    completed a promised internal review of the legal and policy
    implications of the system. Congress should not endorse the proposed
    changes to the pen register statute until the Department fulfills
    its commitment to correct the Carnivore system in response to its
    documented defects.
    
    Law enforcement and intelligence agencies already possess broad
    authority to conduct investigations of suspected terrorist activity.
    Further expansions of surveillance authority will invariably impose
    a cost on the privacy rights of Americans. A focused, measured
    response to the threat of terrorist acts is the course most likely
    to protect America and America's freedoms.
    
    We appreciate your consideration of our views. A detailed
    legislative memo on the privacy implications of the proposed
    anti-terrorism legislation and other similar measures is available
    at our web site www.epic.org. We can also be reached at
    202-483-1140.
    
    
    Sincerely,
    
    
    Marc Rotenberg
    EPIC Executive Director
    
    David L. Sobel
    EPIC General Counsel
    
    
    
    
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