-- Eugen* Leitl <a href="http://www.lrz.de/~ui22204/">leitl</a> ______________________________________________________________ ICBMTO : N48 10'07'' E011 33'53'' http://www.lrz.de/~ui22204 57F9CFD3: ED90 0433 EB74 E4A9 537F CFF5 86E7 629B 57F9 CFD3 ---------- Forwarded message ---------- Date: Fri, 14 Sep 2001 20:50:31 -0400 From: David Farber <dave@farber.net> Reply-To: farber@cis.upenn.edu To: ip-sub-1@majordomo.pobox.com Subject: IP: RE: Senate votes to permit warrantless Net-wiretaps, Carn ivore us e
From: "Baker, Stewart" <SBaker@steptoe.com> To: "'Declan McCullagh'" <declan@well.com>, farber@cis.upenn.edu, ip-sub-1@majordomo.pobox.com cc: "Albertazzie, Sally" <SAlbertazzie@steptoe.com>, "Baker, Stewart" <SBaker@steptoe.com>
Declan,
I ignored the first two points because I don't think they're that important. These "warrantless searches" are emergency orders that have to be followed by a court order in 48 hours. Sometimes courts are closed and the cops need data right away. Tuesday evening would be a good example. This is not some out-of-control police authority.
The people who can ask for emergency orders have to be designated by one of several officials at Main Justice. That's to make sure someone responsible ends up with the authority to declare an emergency. So an assistant US attorney could be designated by Main Justice in each district right now. What's the big deal with letting the US Attorney for the district do the designating instead of Main Justice? Seems to me that the US Attorney probably knows more about staff changeovers than Main Justice, so it makes sense for the US Attorney to do the designating locally.
Stewart
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