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Coalition Protests Dangerous Anti-Terrorism Proposals:
Calls for Preservation of Citizens' Fourth Amendment and Privacy
Rights
`Who Will Guard the Guards?'
Washington, D.C., August 1, 1996 -- A broad coalition of
organizations today called on Congress to reject renewed
"counter-terrorism" proposals which would take away Americans' rights
while giving dangerous new powers to federal law enforcement agencies.
The letter was drafted and signed by Gerald H. Goldstein and
William B. Moffitt, the Immediate Past President and Treasurer of the
National Association of Criminal Defense Lawyers (NACDL), Tanya K.
Metaksa, Executive Director, National Rifle Association; Laura W.
Murphy, Director of the Washington office of the American Civil
Liberties Union; Marc Rotenberg, Director of the Electronic Privacy
Information Center; James J. Fotis, Executive Director of the Law
Enforcement Alliance of America; Alan M. Gottlieb and John M. Snyder,
Chairman and Public Affairs Director, the Citizens Committee for the
Right to Keep and Bear Arms; among others.
The White House/Congress "Terrorism Task Force" is considering a
number of alarming and sweeping new powers for federal agents, who
repeatedly show flagrant disregard for the rights of American citizens
as amply documented in Congressional reports on the Waco and Ruby
Ridge operations. Among the "anti-terrorism" -- in reality,
"anti-American" -- proposals requested by the White House, and which
the coalition protests include:
Expansion of multi-point ("roving") wiretap powers, in
which federal agents may tap any telephone a surveillance subject
might use, even telephones of friends, family, business associates and
business establishments not suspected of any crime.
Authorization for federal agents to tap telephones for up
to 48 hours without a court order.
Authorization for federal agents to routinely collect
business records such as telephone records, hotel registrations, car
rentals, and more, on individuals without a subpoena from a grand
jury, nor even a reasonable indication of criminal behavior.
Government eavesdropping had become so much of a problem by the
1960s that Congress specifically outlined when, where, and how
federal agents must conduct wiretap activity, in Title III of the
Omnibus Crime Control and Safe Streets Act (18 U.S.C. 2510-2522).
Other kinds of electronic surveillance, such as interception of faxes
and electronic mail, were addressed by Congress in the Electronic
Communication Privacy Act (18 U.S.C. 2510-2522, as amended in 1986).
The legislation being contemplated would undo these statutory
protections which carefully balance the government's need to know with
the individual's right to privacy, through the checks and balances of
neutral judicial oversight.
"Wiretapping proposals in the contemplated anti-terrorism
legislation signal a disturbing retreat from this protection,
especially in light of the fact that too many innocent conversations
are already picked up in law enforcement wiretaps," the coalition said
in its letter.
The coalition strongly urges Congress to reject these provisions.
"These provisions would work an unwarranted expansion of federal law
enforcement powers at the expense of civil liberties," the coalition's
signers warned. That is why, in response to the clear will of the
people, these same proposals were rejected by Congress just last
April.
Neither of the two recent incidents which prompted the resurrection
of these proposals has been shown to be an act of terrorism. Nor can
it be shown that any of these measures would have prevented either of
these events if they were.
If Congress surrenders Americans' fundamental liberties to
federal law enforcement agencies which have demonstrated excessive and
abusive disregard for the Bill of Rights time and time again, we
wonder, as Juvenal did two thousand years ago, Sed quis custodiet
ipsos custodes? -- "Who will guard the guards?"
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