Anti-Electronic Racketeering Act of 1995 (fwd)
koontz at MasPar.COM
koontz at MasPar.COM
Thu Jul 13 06:39:32 PDT 1995
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.'.
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