On Sunday, April 29, 2001, at 10:59 PM, Kevin L Prigge wrote:
> On Sun, Apr 29, 2001 at 10:11:40PM -0700, Sandy Sandfort wrote:
>> Kevin wrote:
>>
>>> From recent experience, LE provides us
>>> with an order to preserve certain logged
>>> information. The order is in advance of
>>> obtaining a search warrant...
>>
>> What form do these "orders" take? Who, specifically, makes the
>> order? What
>> authority is cited to back up the power to make such "orders"? What
>> does
>> your lawyer say about the validity of these "orders"?
>
> It's a written notice that a search warrant is being prepared.
> The ECPA allows for orders to preserve electronic evidence
> (section 2704 deals with this).
I think the issue is one of basic Bill of Rights issues. The
Constitution refers to search warrants--it does NOT say that acts of
Congress may cause actions BEFORE a search warrant is duly authorized by
a judge.
I have no doubt that the ECPA (and probably the Digital Telephony Act
and other such recent abridgements of freedom) _say_ that citizen-units
must begin organizing their papers in advance of a raid and must begin
compiling logs of various things in advance of a court order, warrant,
etc.
Someday maybe a Supreme Court case will be heard. It is unlikely that
any modern court will strike down these acts of Congres, but they should.
The language about due process and freedom from unreasonable searches
and seizures does not say a ministerial (non-court) agent may do these
things.
This goes for Carnivore, too. What part of the Fourth Amendment are they
missing?
But all of these things show how far down the road to a police state we
have gone.
--Tim May
