-Caveat Lector- ------- Start of forwarded message ------- From: Declan McCullagh <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Reply-To: [EMAIL PROTECTED] Subject: Fwd: FC: Request for help on Oregon hearing Fri. on wiretap bill Date: 3/12/2003 12:43:47 AM
--- From: Fred Heutte <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> CC: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> 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 ([EMAIL PROTECTED]) 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 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. 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