|
Last
year, hacker extraordinaire Adrian Lamo broke into The New
York Times web site. For his trouble, he faces a two-count
federal indictment in New York, unauthorized access of a computer
and unauthorized possession of “access devices” (LexisNexis
database passwords).
Don’t
cry for Lamo, but cry for how the FBI and the Department of
Justice are using the USA Patriot Act--surprise!-- to threaten
journalists and obtain data under the USA Patriot Act.
The
FBI has sent out letters to reporters who wrote about the Lamo
case. The letters warn that
subpoenas under the USA Patriot Act will be forthcoming for all of
their notes, emails, interviews, content of conversations and
investigations, and expense and travel reports related to stories
they wrote about Lamo. The journalists are
ordered to preserve these records for three months, this in
spite of the fact that the articles were written a year ago.
Using
the Patriot Act for forthcoming subpoenas is an effort to
circumvent journalists’ privilege of preserving
confidential sources under the First Amendment. Furthermore,
reporters who talk to anyone—including their editors or lawyers
(!) about the subpoenas will be subject to criminal prosecution
under the Act. The gag order that violates the 1st
Amendment right of speech, the 5th Amendment right to
due process, and 6th Amendment right to counsel. .
The
demand that journalists preserve their notes is being made under
laws
that require ISP's and other providers of electronic
communications services to preserve, for example, e-mails stored
on their service, pending a subpoena, under a statute modified by
the USA-PATRIOT Act.
You
thought the USA Patriot Act was just to be used to prosecute “terrorism”?
Wrong! The Patriot Act was an Executive branch power grab that
took place in an atmosphere of hysterical reaction to the
September 11 hijackings. Ashcroft seized the day, while the
Congress slept. The dirty little secrets of the extent of the
Administration’s intentions for the law are only just now coming
to light.
More
than likely, you won’t when the law is being used against you.
We only know about these subpoenas because a Wired News
reporter reported that the FBI contacted him, no doubt trying to
get the word out before the gag order kicks in. Secret
subpoenas, secret evidence, secret trials. That's patriotism
today.
|