Re: A lengthy preliminary analysis of the Leahy bill.
At 12:26 PM 3/11/96 -0500, Peter D. Junger wrote:
(4) the authority and ability of investigative and law enforcement officers to access and decipher, in a timely manner and as provided by law, wire and electronic communications necessary to provide for public safety and national security should also be preserved;
This provision of the bill makes the entire bill a worthless pile of repressive shit, despite all the pious good intentions in the rest of the bill. A little constitutional history: The supreme court used to rule that congress could not delegate its own power to bureaucrats, as this violated the principle of rule of law. Thus congress could pass a law than in a certain situation you had to do such and such, or refrain from doing so and so, but it could not pass a law that in a certain situation you had to do whatever some bureaucrat told you to do, because that would violate separation of powers and the principle of the rule of law, not men. Roosevelt threatened to stack the court, the court submitted, and the rule of law in the US was radically diminished. The proposed bill would seem to give bureaucrats the power to set aside the first, fourth, and fifth amendments, at whim. --------------------------------------------------------------------- | We have the right to defend ourselves | http://www.jim.com/jamesd/ and our property, because of the kind | of animals that we are. True law | James A. Donald derives from this right, not from the | arbitrary power of the state. | jamesd@echeque.com
On Mon, 11 Mar 1996 jamesd@echeque.com wrote:
At 12:26 PM 3/11/96 -0500, Peter D. Junger wrote:
(4) the authority and ability of investigative and law enforcement officers to access and decipher, in a timely manner and as provided by law, wire and electronic communications necessary to provide for public safety and national security should also be preserved;
This provision of the bill makes the entire bill a worthless pile of repressive shit, despite all the pious good intentions in the rest of the bill.
Careful here. Note exactly what the bill says: wire and electronic communications necessary to provide for public safety and national security should also be preserved; SHOULD ALSO be preserved. Typically this means that it's not going to be funded by this bill, and that this is just a bit of extra hint as to legislative intent. I will grant you that it's not a nice bit, but it could easily have said "WILL be preserved." Note this clause also does not assign the authority to any agency, or suggest how it might be accomplished. It's a good indicator of where things are going, but in itself, it implements nothing. (Disclaimer: I haven't read the entire bill yet). --- My prefered and soon to be permanent e-mail address: unicorn@schloss.li "In fact, had Bancroft not existed, potestas scientiae in usu est Franklin might have had to invent him." in nihilum nil posse reverti 00B9289C28DC0E55 E16D5378B81E1C96 - Finger for Current Key Information
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