CDR: Warrantless Searches, S.2516

[Michael Motyka]

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