atovic

FBI bypasses First Amendment

Tue Sep 30 00:52:25 2003
64.140.158.136

Citing a provision of the Patriot Act, the FBI is sending letters to
journalists telling them to secretly prepare to turn over their notes,
e-mails and sources to the bureau. Should we throw out the First
Amendment to nail a hacker, writes SecurityFocus columnist Mark Rasch.

FBI bypasses First Amendment to nail a hacker
By Mark Rasch, SecurityFocus
Posted: 29/09/2003 at 16:35 GMT

{{{ Instead, the FBI has threatened to put these reporters in jail unless they agree to preserve all of these records while they obtain a subpoena for them under provisions amended by the USA-PATRIOT Act. }}}
FULL STORY:
http://www.theregister.co.uk/content/55/33106.html
=====================================================

TITLE 42 > CHAPTER 21A > SUBCHAPTER I > Part A > Sec. 2000aa.

Sec. 2000aa. - Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses

(a) Work product materials

Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if -
MORE:
http://www4.law.cornell.edu/uscode/42/2000aa.html

• Police State = Tyranny — Anonymous, Wed Oct 1 22:29
• FBI bypasses First Amendment to nail a hacker — Mark Rasch, Tue Sep 30 00:58
• Microsoft chosen as exclusive Homeland Security contractor — Shane Harris, Wed Oct 1 04:12
• FBI - Cybercrime Task Force — Declan McCullagh, Tue Sep 30 05:02
• “We are not having this conversation,” reporter was told — James C. Moore, Tue Sep 30 01:43
• Bush officials who leaked name of US spy could face jail — independent.co.uk, Tue Sep 30 01:28