-Caveat Lector- <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-
Another opportunity for 'code word' postings ... or just how many e-mails can
the SEC monitor? A<>E<>R
------- Forwarded message follows -------
Date sent: Thu, 30 Mar 2000 15:05:23 -0800
From: [EMAIL PROTECTED]
Subject: Release: SEC snooping
To: [EMAIL PROTECTED] (Libertarian Party announcements list)
Send reply to: [EMAIL PROTECTED]
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NEWS FROM THE LIBERTARIAN PARTY
2600 Virginia Avenue, NW, Suite 100
Washington DC 20037
World Wide Web: http://www.LP.org
=======================================
For release: March 30, 2000
=======================================
For additional information:
George Getz, Press Secretary
Phone: (202) 333-0008 Ext. 222
E-Mail: [EMAIL PROTECTED]
=======================================
Let's pull the plug on the SEC's
automated Web snooping scheme
WASHINGTON, DC -- A plan by the Securities and Exchange
Commission to scan the Internet for "suspicious" words and phrases --
and maintain a secret database of the results -- is an electronic
"stop-and-frisk" that will treat innocent Americans like financial
felons, the Libertarian Party warned today.
"Under this plan, anything you say electronically can and will
be used against you in a government database," said Steve Dasbach, the
party's national director. "The SEC says it has 'zero tolerance' for
financial fraud, but this proposal proves that the commission has zero
tolerance for privacy, Constitutional protections, and the concept of
being innocent until proven guilty."
This week, the SEC admitted that it was in the process of
creating a multi-million-dollar surveillance system that will
automatically scan websites, Internet message boards, and online forums
for language that could indicate financial or stock fraud.
The SEC's automated web "crawler" would search for up to 40
words or phrases like "get rich quick" or "make money now," collect the
e-mail addresses and names of people posting such messages, and then
store that information in a database for possible investigation and
civil action.
Such a surveillance scheme is allowable, argued SEC assistant
general counsel George C. Browne, because "the Constitution doesn't
give people the right to use the Internet to commit fraud."
But, countered Dasbach, "The Constitution doesn't give the
federal government the right to scoop up information about individuals
without reasonable suspicion of wrongdoing, and dump that information
in a secret database without their knowledge or consent."
Libertarians oppose the SEC scheme for several reasons, he
said:
* It secretly monitors the lawful actions of millions of
innocent Americans in an effort to catch a few crooks.
"A basic premise of American law is that you are innocent until
proven guilty," said Dasbach. "Under this SEC plan, you could be
monitored and investigated without any search warrant, suspicion of
wrongdoing, or criminal charges. For example, if you mention on an
Internet forum that you bought a government lottery ticket in an effort
to 'get rich quick,' you could be tagged by the SEC as a potential
swindler."
* It may constitute an unconstitutional "search."
"The law is murky on this topic, because the courts have not
decided exactly what the Internet is, or what constitutes a digital
search," admitted Dasbach. "Is it like a telephone, in which case the
SEC would need a warrant to spy on you? Or is it like a discussion in a
public square, in which case the SEC can eavesdrop at will? But given
the government's long history of violating civil rights and privacy,
Libertarians would argue that the Internet deserves the most robust
Fourth Amendment protection possible -- and the SEC's plan deserves
zero tolerance from the courts."
* It may violate the federal government's own Privacy Act.
"Under the Privacy Act, Americans have the legal right to
correct false information about themselves in a government database,"
noted Dasbach. "But under this SEC plan, you won't be informed that
information has been collected about you and put into the SEC's
investigative database. You could be in their files as a potential
financial felon -- and not even know it."
For all these reasons, the SEC should scrap its automated
snooping scheme, said Dasbach.
"SEC bureaucrats should pull the plug on this automated
webcrawler, and let it crawl off and die," he said. "Instead of spying
on innocent Americans who want to get rich quick, this high-tech
surveillance scheme should get canceled quick."
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The Libertarian Party http://www.lp.org/
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Washington DC 20037 fax: 202-333-0072
For subscription changes, send a message to <[EMAIL PROTECTED]> with
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------- End of forwarded message -------
A<>E<>R
~~~~~~~~~~~~~~~
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