FC: North Carolina cops may have lied, posed as FBI cybercrime agents

From: Declan McCullagh (declanat_private)
Date: Mon Jun 02 2003 - 22:09:05 PDT

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    Date: Sun, 01 Jun 2003 14:20:03 -0400
    From: Ben Brunk
    To: declanat_private
    Subject: I think this will interest many politech readers
    
    Please remove my e-mail address if you post this, thanks.
    
    
    Chapel Hill High School student's blog becomes subject of "FBI" investigation
    http://indyweek.com/durham/current/triangles.html
    http://www.upsaid.com/erinrocksout/index.php
    http://www.newsobserver.com/front/story/2579239p-2393565c.html
    
    Ms. Carter should know that anything she puts up on a website is accessible 
    to everyone in the world.  Ignoring the fact that she suffers the 
    consequences for choosing to publish her diary to the world and thus not 
    protect her own privacy, what I find troubling about this story is that 
    local police are identifying themselves as federal agents merely because 
    they've been recruited into a federal cybercrime task force. This news 
    conforms with many other accounts of the disastrous results associated with 
    the federalization of police forces around the country.  We have substance 
    prohibition to thank for this.
    
    The chilling of free speech is always a reason for concern.  As with TIA, 
    cyercrime investigators have a high probability of targeting the innocent 
    simply due to the fact that there are only a tiny handful of miscreants in 
    the world.  It is hypocritical (but not very surprising) for a town that is 
    such a celebrated bastion of liberalism to be involved in questionable 
    federal programs that lead to problems for its citizens.  If they are sworn 
    local police officers, they are bound by North Carolina laws, as well as 
    the state and US Constitutions, both of which prohibit secret searches. 
    That piece of garbage called the PATRIOT Act does not preempt the Bill or 
    Rights, and police shouldn't pretend that it does.  Also, it is no trivial 
    matter that local police are enforcing federal laws.  There was already a 
    US Supreme Court decision with regards to the Brady Act (gun background 
    checks), that determined that local police cannot (voluntarily or not) 
    enforce federal laws without compensation.  There are probably more 
    relevant decisions that I am unaware of.  I'm sure in this case there is 
    some convoluted legal veneer of justification for it all, but that isn't 
    going to be much comfort if more and more outrageous incidents take place. 
    If local police are unaccountable to local leaders and the citizens they 
    SERVE, what have we got?
    
    
    
    
    
    
    Ben Brunk, PhD
    
    
    
    
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