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. ... ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- Events: Congreso Nacional de Periodismo Digital in Huesca, Spain from Jan. 17-18 (http://www.congresoperiodismo.com) and the Second International Conference on Web-Management in Diplomacy in Malta from Feb. 1-3. (http://www.diplomacy.edu/Web/conference2/) -------------------------------------------------------------------------
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