CDR: Warrantless Searches, S.2516
Get with the program Bob, they're not "warrantless searches", they're searches (AKA fishing expeditions) conducted pursuant to an "Administrative Subpoena." http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00408.htm Which seems to be very common in child support legislation, EPA, Financial Institution's production of records, OSHA, SEC, IRS etc... It looks to me like a weakening of the Constitution in the sense that it effectively lowers the standard for conducting a search of someone's effects to the level of an agency rather than a court. Not that courts are tough to convince. It's truly evil but it addresses many agency's concerns of getting what they want in a timely manner. I say make them go through a judge for any and all searches but hey, they have the black hellicopters don't they? Here's an excerpt with some familiar equestrians : /* Lastly, H.R. 3048 also grants Secret Service the ability to obtain administrative subpoenas for use in their investigations. The only agency currently allowed to issue administrative (limited subpoenas issued by the Attorney General for information), is the Justice Department. These subpoenas can only be issued by the Justice Department in relation to crimes involving drugs, federal health care investigations or the sexual exploitation or abuse of children. The measure allows the Treasury Secretary to issue an administrative subpoena for investigations of threats: · against the President, Vice President, and their spouses or immediate families; · against former presidents and their spouses, · against candidates for President or Vice President, their spouses and immediate families; · against visiting foreign heads of state or other distinguished foreign visitors protected by the Secret Service. */ http://hillsource.house.gov/LegislativeDigest/Digest/Digest2000/Wk18pt1.htm We're right back to the same old issue of forced disclosure of keys. "Here are the records you asked for but I don't think you'll be able to make much use of them"...RIP-USA can't be too far away. It's probably here already since my guess is that should you offer records in encrypted form any Administrator or Judge would say that you are in contempt since you effectively have the records in your possession and refused to produce them. So much for technology. Mike
At 11:24 AM -0700 on 10/10/00, Michael Motyka wrote:
Get with the program Bob, they're not "warrantless searches", they're searches (AKA fishing expeditions) conducted pursuant to an "Administrative Subpoena."
Sorry. My mistake. :-). Freedom is Slavery, RAH -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
At 07:48 PM 10/10/00 +0100, R. A. Hettinga wrote:
At 11:24 AM -0700 on 10/10/00, Michael Motyka wrote:
Get with the program Bob, they're not "warrantless searches", they're searches (AKA fishing expeditions) conducted pursuant to an "Administrative Subpoena."
Sorry. My mistake. :-).
Cops at Door: Open Up! Bang! Thud! Thud! Th... Person inside opens door Cops in Room: thud! Trip! *&)(!*&$#E)! Person inside: Let's see your warrant: Cops in Room: We don't need no stinkin' Warrants, we got ourselves an "Administrative Subpoena". In good faith, even! Person inside: OK, then. Let's see your fishing license..... Thanks! Bill Bill Stewart, bill.stewart@pobox.com PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639
participants (3)
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Bill Stewart
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Michael Motyka
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R. A. Hettinga