Re: Anti-Electronic Racketeering Act of 1995 (fwd)
Even scarier is the Storm Trooper Exception (ala Steve Jackson): (j) Privacy Protection Act: Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended-- (1) in subsection (a)-- (A) by striking `or' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting `; or'; and (C) by adding at the end the following new paragraph: `(3) there is reason to believe that the immediate seizure of such materials is necessary to prevent the destruction or altercation of such documents.'; and (2) in subsection (b)-- (A) by striking `or' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting `; or'; and (C) by adding at the end the following new paragraph: `(5) in the case of electronically stored data, the seizure is incidental to an otherwise valid seizure, and the government officer or employee-- `(A) was not aware that work product material was among the data seized; `(B) upon actual discovery of the existence of work product materials, the government officer or employee took reasonable steps to protect the privacy interests recognized by this section, including-- `(i) using utility software to seek and identify electronically stored data that may be commingled or combined with non-work product material; and `(ii) upon actual identification of such material, taking reasonable steps to protect the privacy of the material, including seeking a search warrant.'.
participants (1)
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koontz@MasPar.COM