FC: Calif gov. Davis' election year ploy: Tap Internet and telephones

From: Declan McCullagh (declanat_private)
Date: Fri Jan 11 2002 - 13:33:16 PST

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    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/08/MN206009.DTL
    
        Davis calls for added wiretap authority
        PRIVACY: State could track e-mail, Net use
        Lynda Gledhill, Chronicle Sacramento Bureau   Tuesday, January 8, 2002
    
        Sacramento -- Gov. Gray Davis wants to give state and local police
        broad new powers to obtain wiretaps and monitor e-mail, a proposal
        likely to inflame civil libertarians and set up a showdown with
        members of his own party in the Legislature.
    
        George Vinson, Davis' security adviser, said yesterday the expanded
        wiretap capabilities -- which mirror those given by Congress to
        federal agents after the Sept. 11 attacks -- would give more tools to
        state police investigating potential terrorist activities.
    
        [...]
    
    ---
    
    From: "Xeni Jardin" <xeniat_private>
    To: "Declan McCullagh" <declanat_private>
    Subject: CA Gov. Davis' election-year stunt to bug Internet, phones in state
    Date: Fri, 11 Jan 2002 06:38:24 -0800
    
    Coverage in LAT and WP follows. Cohen's story also explores some
    precedents on state and fed roles in legislation impacting civil
    liberties--"The last thing we need is 50 FBIs, some of them effectively
    accountable to no one."
    
    --XJ
    
    <<Wednesday January 09 10:12 AM EST
    Davis' Wiretap Plan Smells a Lot Like Reelection Insurance
    <http://www.latimes.com/news/yahoo/la-000002028jan09.column?coll=la%2Dnews
    aol%2Dheadlines>
    Finally, we can all breathe a sigh of relief.
    Gov. Gray Davis (news - web sites), in a sure-fire plan to keep Al Qaeda
    terrorists at bay in California, is going to make it easier for every
    podunk police department to snoop into e-mail files and listen in on phone
    calls.
    
    Barney Fife takes out Osama bin Laden (news - web sites). That's the
    legislation Davis is pushing up the hill, anyway. And I don't know about
    you, but I haven't felt this secure since Davis bravely stepped in front
    of TV cameras and warned us about unspecified threats against unspecified
    bridges at unspecified times.
    
    For the sake of discussion, let's say Al Qaeda forces are using Rancho
    Cucamonga as a staging center. Under the Davis model, which borrows if not
    steals from the federal Patriot Act signed by President Bush (news - web
    sites) after Sept. 11, Cucamonga cops would theoretically bust up that
    cell before you could say, "Praise be to Allah."
    (...)
     >>
    
    
    <<A Wiretap In Every Home
    
    By Richard Cohen
    Thursday, January 10, 2002; Page A19
    
    <http://www.washingtonpost.com/wp-dyn/articles/A22888-2002Jan9.html>
    
    If it is true that all trends start in California, then the rest of the
    country had better pay attention. Gray Davis has proposed that his state's
    police agencies be given the same authority to fight terrorism that
    Congress recently gave the feds. If this keeps up, there won't be an
    untapped phone in the nation.
    
    It's not that what Davis proposes is so awful. What he has in mind is a
    state version of the insultingly named USA Patriot Act, which among other
    things expanded wiretap authority at the federal level. It also permits
    the government to monitor e-mail and Internet sites. Uncle Sam is going to
    know if you've been bad or good -- so be good for goodness' sake.
    
    But you better watch out. Because already other states are asking for the
    same authority. All this is being done in the name of anti-terrorism, but
    the expanded powers could be used for any purpose approved by a court -- a
    state court at that. You need only peer back in history to wonder if we
    are going to be any safer or, maybe, much worse off.
    
    Here I must state a prejudice. Having once been a statehouse correspondent
    (Maryland), I am underwhelmed by the competence and professionalism of
    state government. Most legislators are part-time, but the lobbyists are
    not. Often, they lead the representatives around by the nose -- offering
    expertise, advice and, in a pinch, a free vacation to somewhere very nice.
    
    Similarly, state judges do not match the caliber of their federal
    counterparts.
    [...]
    
    ---
    
    From: "Xeni Jardin" <xeniat_private>
    To: "Declan McCullagh" <declanat_private>
    Subject: more on Davis' plans for "roving wiretaps" &  in-state bugs on 
    email, phones
    Date: Fri, 11 Jan 2002 06:50:02 -0800
    
    You can watch a rebroadcast of the "state of the state" address in which
    he discussed some aspects of his proposals here:
    
    <http://video.dot.ca.gov/state/index.html>
    
    excerpt from the speech:
    
    "....Since September 11th, we acted swiftly to protect our airports,
    bridges, highways and dams, to secure our water supplies and electricity
    grid and to prepare our health facilities. But there is more we can and
    must do.
    
    First, we're working with the Bush Administration to create a tiered
    system of public warnings when terrorist threats occur.
    
    Second, we're asking the federal government to allow Highway Patrol
    officers to provide additional "sky-marshal" protection on in-state
    flights they're already taking in the course of their duties.
    
    Third, we'll ensure that law enforcement officials - with the authority of
    the court - can monitor communications by suspected terrorists and allow
    "roving" wiretaps on suspects.
    
    Fourth, we'll tighten controls over the transportation of toxic and
    hazardous materials.
    
    In addition, I will ask the Attorney General to review new federal
    Anti-terrorism legislation to ensure that California law is consistent
    with - and at least as tough - as national law. Attorney General Lockyer,
    I commend and applaud you for your vigilance and cooperation during these
    difficult times...."
    
    --XJ
    
    ---
    
    
    
    
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