FC: Harvey Silverglate on TIPS-informing, obstruction of justice

From: Declan McCullagh (declanat_private)
Date: Sun Jul 21 2002 - 21:51:55 PDT

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    From: "Harvey A. Silverglate" <hasat_private>
    To: <declanat_private>
    Subject: RE: Brad Templeton on DOJ "TIPS" informant plan: Operation  TIPS-TIPS
    Date: Wed, 17 Jul 2002 10:58:47 -0400
    
    Declan
    	I find Brad Templeton's proposal for dealing with the DOJ "TIPS" program
    ingenious, even patriotic. But it has one flaw. The Ashcroft DOJ, and the
    Rehnquist Supreme Court, would likely consider such a response to be
    "obstruction of justice" or worse. After all, Ashcroft had the nerve to tell
    the Senate and the American people that civil libertarians' criticism of the
    Administration's anti-terrorism program, with "phantoms of lost liberty,"
    gives aid to the enemy -- a virtual accusation of treason. Do not think I'm
    saying this in jest. The DOJ, or individual federal agents or prosecutors,
    have in the past deemed it to be "obstruction of justice" for a bank to tell
    a customer that his/her records have been subpoenaed, or for a citizen to
    warn another citizen that a "bug" has been installed, or even for someone to
    tear-out and destroy a bug planted in his own house or car! Former CIA
    agents have been accused of this-and-that for being whistleblowers. It is
    not so easy, nor risk-free, for citizens to fight back. That's all part of
    the new official terror being invoked in order to fight terror.
    							Harvey Silverglate
    
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    From: "Dan Alban" <dalbanat_private>
    To: <declanat_private>
    Cc: <bradat_private>
    Subject: RE: Brad Templeton on DOJ "TIPS" informant plan: Operation  TIPS-TIPS
    Date: Wed, 17 Jul 2002 10:09:40 -0400
    
    Great suggestion!  I now have just such a sign on my office door.
    
    It reads:
    
           NO TIPS INFORMANTS
    
       permitted in this office
    
    
    If you are a TIPS informant, please leave
    immediately and re-evaluate your life.
    
    
    Cheers,
    Dan Alban
    
    Program Director
    Institute for Humane Studies
    www.theIHS.org
    Direct line: (703) 993-4947
    Fax: (703) 993-4890
    
    ---
    
    To: declanat_private
    Cc: bradat_private
    Date: Wed, 17 Jul 2002 12:12:25 -0400
    Subject: Re: FC: Brad Templeton on DOJ "TIPS" informant plan: Operation 
    TIPS-TIPS
    
     > From: Brad Templeton <bradat_private>
     > To: Declan McCullagh <declanat_private>
    
     > We just need operation TIPS-TIPS.  A network of people to spot and
    identify
     > possible TIPSters, to put up lists of their names, routes and
    addresses,
     > and possibly to put chalk marks on their vehicles, homes and even
    clothes
     > so we can spot them coming, avoid socializing with them, refuse them
     > entry onto our land.
    
    The old "Kilroy" inside a modern international slashed circle would do,
    though the tatoos on their foreheads might best be in the color of a
    scarlet letter.
    
     > Perhaps like "No Solicitors" or gates could have signs
     > saying "No TIPS informants"  If the power company wants to read my
     > meter, they should send a non-informant.
    
    And we could trust the same politicians and judges soliciting these
    crooks and unethical predators to violate our 4th Am. rights to enforce
    laws making it criminal trespass or worse when they spy on us, rather
    than mandate employers not fire them as incapable of full job performance
    as outside salespeople, repair persons, delivery persons for UPS or
    competitors, etc., when many of us post notices making it criminal for
    them to enter our properties?
    
    
    Terry
    
    ---
    
    Date: Wed, 17 Jul 2002 15:35:08 -0700 (PDT)
    From: Phil Kos
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: Brad Templeton on DOJ "TIPS" informant plan: Operation
      TIPS-TIPS
    
    [Actually a general comment/thought on the TIPS program in the context of
    PATRIOT.  Forward to the list if you want, but if so please omit my email
    address.]
    
    One of the provisions of PATRIOT, as I recall, was special criminal status
    for terrorist hoaxes.  This new TIPS program seems to opening the door to
    lots of false leads and reports, which might in some cases amount to
    hoaxes under PATRIOT.
    
    Do you (or does anyone on this list) happen to know if there's anything
    that would provide a special immunity for registered TIPS stoolies from
    charges of fomenting a terrorism hoax?  (I'm thinking along the lines of
    the privacy/immunity protections for businesses in the proposed
    "infrastructure" vulnerability reporting program.)  Some special clause in
    PATRIOT, perhaps?  Because if there isn't, the DoJ/FEMA/whoever may be
    shooting themselves in the foot with this thing; after a couple of
    high-profile prosecutions of bogus "informants," the chilling effect on
    the rest of the TIPS roster would be significant.
    
    Of course, I'm not trying to suggest that any of this Executive Branch
    posturing is genuinely intended to make the public more secure...
    
    
    - phil
    
    
    
    
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