FC: Whoops! Calif governor Davis can't get his wiretap wishlist

From: Declan McCullagh (declanat_private)
Date: Fri Jan 18 2002 - 03:11:43 PST

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    Previous Politech message-
    
    "Calif gov. Davis' election year ploy: Tap Internet and telephones"
    http://www.politechbot.com/p-03022.html
    
    ---------- Forwarded message ----------
    Date: Wed, 16 Jan 2002 14:11:42 -0800
    From: Xeni Jardin <xeniat_private>
    To: Declan McCullagh <declanat_private>
    Subject: update: DROPPED: "Davis' election year ploy to wiretap e-mail,
        phones"
    
    <http://latimes.com/news/local/la-011602taps.story>
    
    Legal Advice Sinks Davis' Wiretap Bill
    Security: The proposal is dropped after legislative counsel finds "roving"
    tracking of calls illegal.
    By MIGUEL BUSTILLO and NANCY VOGEL
    Times Staff Writers
    
    January 16 2002
    
    SACRAMENTO -- Gov. Gray Davis' proposal to let state and local police
    obtain roving wiretaps on suspected criminals was dropped from the
    legislation containing it Tuesday after the legislative counsel's office
    concluded that it was illegal.
    
    The proposal, a centerpiece of Davis' State of the State address last
    week, had been welcomed by some law enforcement leaders but criticized by
    civil libertarians and some liberals.
    
    Davis unveiled the idea at the outset of a reelection bid in which he
    faces challenges from three Republicans--former Los Angeles Mayor Richard
    Riordan, Secretary of State Bill Jones and investor Bill Simon Jr.--each
    vying for the GOP nomination to take on the Democratic incumbent.
    
    Asked to size up the chances of a roving-wiretap bill passing now,
    Assemblyman Fred Keeley (D-Boulder Creek) said: "I think none. There is no
    opportunity, because whether the Legislature has the will or not, our
    attorney is telling us it is moot because we lack the authority."
    
    Although aides to the governor challenged that interpretation, the
    legislative counsel said that a state law authorizing roving wiretaps for
    state and local prosecutors and police would exceed the authority federal
    wiretapping law gives states, and would thus be invalid. President Bush
    signed legislation in October that broadened federal wiretapping abilities
    to target suspected terrorists, but that law did not expand states' powers
    to allow roving wiretaps at the local level, the counsel concluded.
    
    Davis spokesman Steve Maviglio acknowledged that Assemblyman Carl
    Washington (D-Paramount) dropped roving wiretaps from his legislation
    Tuesday after hearing the legal opinion, but said the Davis administration
    would continue to work with the lawmaker, and may attempt to have it
    reinstated later this year.
    
    ...
    
    
    
    
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