FC: Request for help on Oregon hearing Fri. on wiretap bill

From: Declan McCullagh (declanat_private)
Date: Tue Mar 11 2003 - 22:43:47 PST

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    From: Fred Heutte <phredat_private>
    To: <tienat_private>, <mnemonicat_private>, <gjkat_private>
    CC: <karynnat_private>, <declanat_private>
    Date: Sun, 9 Mar 2003 20:42:40 -0800
    Subject: Oregon pen register/trap and trace bill
    
    A head's-up here on a bill to expand Oregon's electronic surveillance
    authority to "racketeering" (which is just as broad as you'd expect).
    I send this to the ACLU and other interested folks in Oregon.
    
    My friend Karynn Fish (karynnat_private) is the legislative assistant
    for Rep. Greg Macpherson, who is on the Oregon House Judiciary
    committee.  She would like some help from experts on the whole pen
    register/trap and trace issue.  If you would be willing to get in touch
    (503-986-1438 or 503.917-9067) and discuss this it would be greatly
    appreciated.
    
    The hearing is this Friday so there is still time to organize a coherent
    response.
    
    HB 2118 is very short, so I've attached it as a PDF.
    
    thanks,
    
    Fred
    503.222-9572
    
    ------------------------------------------------
    
    (email to Oregon ACLU and others from Fred Heutte)
    
    I am quite concerned about HB 2118, which has a hearing this Friday
    in House Judiciary as shown below.  The bill is very simple: it expands
    authority for state law enforcement "pen register or trap and trace"
    surveillance, i.e., wiretapping, by simply adding a reference to ORS
    166.720, the generic monetary fraud and racketeering statute.
    
    This is worrisome for two reasons.  First, at least at the federal level,
    and I presume at the state level, pen register and trap-and-trace
    actually covers far more than simple phone connection monitoring.
    It is also the basis for Internet surveillance of email and other
    activities.  Second, the racketeering statute is so broad it can easily
    be used as a porthole for political surveillance.
    
    ORS 166.715(6)(a)(C) includes "obstructing governmental administration"
    in the definition of racketeering.  In ORS 162.235(1), which is included
    by reference, this is defined as follows: "A person commits the crime
    of obstructing governmental or judicial administration if the person
    intentionally obstructs, impairs or hinders the administration of law
    or other governmental or judicial function by means of intimidation,
    force, physical or economic interference or obstacle."
    
    Connecting the dots here, it is conceivable that a forest activist group
    that plans to oppose administrative decisions by "physical obstacle"
    -- chaining a few protestors to the front door of a state office --
    could be determined to be engaged in potential "racketeering" and
    thus be subject to electronic surveillance.
    
    I hasten to add this is just a hypothetical example and I have no
    information about any such plans, it's just the sort of thing that
    happens these days.  Blocking access to an office may well be an
    offense, but it's hard to see how this could be considered
    "racketeering."
    
    It is through these sophisticated but obscure actions that governments
    stifle our free speech rights and open the door to illegal interference
    in lawful political activity by law enforcement.
    
    I hope the Oregon ACLU will be active in curbing these potential
    effects from HB 2118.
    
    Thanks,
    
    Fred Heutte
    503.222-9572
    
    -----------------------------------
    House Judiciary Committee
    Date:  Friday-March 14
    Time:  1:00 P.M.
    Room: 357
    
    Public Hearing and Possible Work Session
    HB 2118
    
    Expands circumstances under which order authorizing use of
    pen register or trap and trace device may be entered.
    
    http://www.leg.state.or.us/03reg/agenda/agendas.htm#HJUD
    
    
    
    
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