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Date sent: Mon, 10 Feb 2003 09:34:05 -0500
From: Declan McCullagh
To: politech{at}politechbot.com
Subject: FC: Weekly column: John Ashcroft's worrying
DSEA surveillance plans
Send reply to: declan{at}well.com
http://news.com.com/2010-1071-983921.html
Perspectives: Ashcroft's worrisome spy plans
By Declan McCullagh
February 10, 2003, 4:00 AM PT
WASHINGTON--Attorney General John Ashcroft wants even more power to
snoop on the Internet, spy on private conversations and install secret
microphones, spyware and keystroke loggers.
Ashcroft's Justice Department has quietly crafted a whopping 120-page
proposal that represents the boldest attack yet on our electronic
privacy in the name of thwarting future terrorist attacks. The
nonpartisan Center for Public Integrity posted the draft legislation,
which reads like J. Edgar Hoover's wish list, on its Web site Friday.
Called the Domestic Security Enhancement Act (DSEA), the legislation
has not been formally introduced in Congress, and a representative for
Ashcroft indicated on Friday that it's a work in progress. But the
fact that the legislation is under consideration already, before we
know the effects of its USA Patriot Act predecessor, should make us
realize that the Bush administration thinks "homeland security" is
the root password to the Constitution.
Don't believe me? Keep reading and peruse some of DSEA's highlights:
o The FBI and state police would be able to eavesdrop on what Web
sites you visit, what you search for with Google and with whom you
chat through e-mail and instant messaging--all without a court order
for up to 48 hours. That's if you're suspected of what would become
a new offense of "activities threatening the national security
interest."
o Currently police can seek a warrant to "require the disclosure by
a provider of electronic communication service of the contents of an
electronic communication." Under existing law, police must notify the
target of an investigation except in rare cases such as when witnesses
may be intimidated or a prospective defendant might flee. DSEA allows
police to delay notification for three months simply by citing
"national security."
[...]
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