Date: Thu, 6 Sep 2001 12:46:20 -0400 To: Matthew Gaylor <freematt@coil.com> From: Matthew Gaylor <freematt@coil.com> Subject: ACTION: Protecting Privacy, SIGN THIS LETTER Content-Type: text/plain; charset="us-ascii" ; format="flowed"From: Hannah Woody <HWoody@freecongress.org> To: "'freematt@coil.com'" <freematt@coil.com> Subject: Protecting Privacy, SIGN THIS LETTER Date: Tue, 4 Sep 2001 10:48:31 -0400
Matt,
I am the coordinator of the Coalition for Constitutional Liberties and we are currently circulating a letter to organizations about the privacy violations involved in the drug war. This letter does not call for legalization at all, it simply brings forth important privacy related issues. With this letter, we are calling for the Senate Judiciary Committee to ask the Director of the Office of National Drug Control Policy nominee, John Walters, if he will protect privacy. Please consider signing on and perhaps sending it to your list.
Thanks! Email Hannah Woody at hwoody@freecongress.org <mailto:hwoody@freecongress.org> with your name and business/organization.
Coalition for Constitutional Liberties A project of the Free Congress Foundation's Center for Technology Policy 717 Second Street NE * Washington, DC 20002 * (202) 546-3000 * Fax (202) 543-5605
September 3, 2001
Sen. Patrick J. Leahy, Chairman Sen. Orrin G. Hatch, Ranking Member Senate Judiciary Committee United States Senate 224 Dirksen Office Building Washington, DC 20510
Re: Nomination of John Walters
Dear Chairman Leahy, Senator Hatch and Members of the Senate Judiciary Committee:
We are part of a broad coalition of groups concerned that the War on Drugs has degraded our privacy and civil liberties. We respectfully ask that the members of Committee consider raising the following privacy and civil liberties issues in connection with the nomination of John Walters to be the Director of the Office of National Drug Control Policy (Office of the White House). We intend by issuing this letter to signal neither support nor opposition to Mr. Walters' nomination. Rather, we hope are issuing the letter to urge members of the Committee to explore these issues in connection with Mr. Walters' nomination. As we set forth below, these issues include the use of new surveillance and investigative technologies, including the Carnivore/DCS1000 and Echelon systems, the "Know Your Customer" proposal of the Financial Action Task Force, asset forfeiture abuses, wiretaps and the drug war's sometimes corrupting influence on law enforcement itself.
Rapid advances in technology have unfortunately brought with them new opportunities for the invasion of privacy in the form of programs like Carnivore, a system designed to allow the FBI to sift through vast quantities of Internet communications, or "Know Your Customer," -a proposed regulation requiring banks to collect personal financial information about their customers, "profile" them, and report "suspicious activities" to the Government. The misguided drug war is often a driving force behind these initiatives. "Know Your Customer" was prompted largely to further the drug war by combating drug-related money laundering. The FBI claims that Carnivore helps in narcotic investigations.
We are concerned that "profiling," including racial profiling, appears to be an accepted component of the federal government's war on drugs. As noted by Georgetown University Law professor David Cole, characteristics of "drug courier profiles" used by U.S. Customs at airports have included: *Arrived late at night. *Arrived early in the morning. *Arrived in afternoon ... *One of first to deplane. *One of last to deplane. *Deplaned in the middle ... *Bought coach ticket. *Bought first class ticket ... *Used one-way ticket. *Used round-trip ticket ... *Traveled alone. *Traveled with a companion ... *Wore expensive clothing. *Dressed casually ... *Suspect was Hispanic. *Suspect was black female. In short, everyone anywhere at any time could fit the profile of a drug courier according to U.S. Customs officials. Court records confirm that highway patrol officers both in California and in New Jersey were taught to profile automobile drivers using minority status as an excuse to stop them, search their car, and in some cases, find drugs, a process known as racial profiling. In fact, civil rights organizations have charged that the DEA's own Operation Pipeline actually trains state and local law enforcement agents to engage in racial profiling.
The extent to which our drug policy drives government surveillance and invasion of privacy is especially clear in the case of wiretaps. Three quarters of all wiretaps are authorized for narcotics investigations. The Administrative Office of the United States Courts reports that annually approximately 80 percent of conversations intercepted on wiretaps are innocent communications.
In addition to government surveillance, there has been an increasing effort to have private businesses monitor their customers in order to fight the drug war. In the case of the "Know Your Customer" proposal now being resurrected by the FATF, the government attempts to force customer monitoring through regulation. More and more often, the DEA is using financial incentives to induce businesses to report personal information about their customers to the government. This undermines both consumer privacy and businesses' relationships with their customers. In April, the Albuquerque Journal reported that Amtrak was providing access to its ticketing database to the Drug Enforcement Administration. Amtrak provided agents with information such as passengers' last names, their destinations, their method of payment, and whether they were going on a round trip or only one-way. In return, Amtrak was given 10% of anything the government seized. Although controversy led Amtrak to discontinue the DEA's computer access, the company still provides information gleaned from the ticketing system to law enforcement officers and continues to receive a portion of assets seized on trains by agents. Several airlines reportedly have similar "cash for snooping and snitching" programs.
The Amtrak case demonstrates the degree to which forfeiture laws are giving an incentive for law enforcement and private businesses to focus on seizing property supposedly related to drug crimes. The system is still very susceptible to abuse and one does not have to be convicted of a crime before their property is taken. Before the passage of the Civil Asset Forfeiture Act of 2000, which addressed some of the more egregious abuses, eighty percent of people who had property forfeited were never charged with a crime. While this number will likely become lower because of the reforms, the abuse of forfeiture laws continues.
As reports (some of which were initiated by members of this Committee), have shown, the war on drugs has had a corrupting influence on the professionalism of law enforcement; one March 1999 GAO report described the problem as a "serious and continuing threat."
We urge you to raise these issues with Mr. Walters and ask for assurances that he will reform the conduct of the drug war in order to address these problems and ensure that drug policies respect the privacy and other civil liberties of all Americans.
If you have any questions or would like to discuss these issues further, please contact J. Bradley Jansen of the Free Congress Foundation at 202-204-5324 or by email at bjansen@freecongress.org <mailto:bjansen@freecongress.org> .
Respectfully,
Paul M. Weyrich Founder and President Free Congress Foundation
Lisa S. Dean Vice President for Technology Policy Free Congress Foundation
Grover Norquist Karen Kerrigan President Chairman Americans for Tax Reform Small Business Survival Committee
Tom DeWeese David Banisar President Deputy Director American Policy Center Privacy International, London
Amy Ridenour Chuck Muth, Chairman President Michael D. Ostrolenk, Capital Hill Liason The National Center for Public Policy Research Republican Liberty Caucus Gordon S. Jones
Eric E. Sterling President Association of Concerned Taxpayers The Criminal Justice Policy Foundation
Dr. Jane Orient, M.D. Carol W. LaGrasse Executive Director President Association of American Physicians and Surgeons Property Rights Foundation of America, Inc.
Larry Cirignano Joseph Eldred President President and Founder CatholicVote.org God Bless America
Dr. Alexander Tabarrok,Vice James Landrith Vice President and Director of Research Editor and Publisher The Independent Institute The Multiracial Activist & Abolitionist Examiner Benjamin Crocker Works
Hank Whitmore Executive Director Chairman The Strategic Issues Research Institute of the United States People Against Church Taxation
Eric Johnson Audrey Mullen Chairman Consultant Young Americans for Freedom Advocacy Ink
Dottie Feder Miriam Archer Vice President Director of Operations Eagle Forum of Wisconsin Christian Coalition of California
Ronald D. Bain Robert D. Lonn Former Chairman Consultant/Planner Libertarian Party of Colorado NW Council of Government & Associates
Patricia J. Owens Peter J. LaGrasse Executive Director Chairman Wisconsin State Sovereignty Coalition Board of Assessors (New York)
Duane Royal Galen E. Alexander Sampson County Republican Executive Committee (North Carolina) Founder & Chairman Ohio Conservative Alliance
Victoria T. DeLacy Prince William & Manassas Family Alliance (Virginia) Warren Nelson Founder & Commander Helen E. Farson Ector County Volunteers (Tennessee) Phonetic Bible Printing Committee Roy S. Gillinson, M.D.
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