Post by Tulameen on Oct 14, 2003 21:25:31 GMT -5
One of the first steps to destruction of the consitution is to render the public incapable of knowing their rights are being removed. Check this out, from Alternet (http://www.alternet.org/story.html?StoryID=16925):
The Subpoenas are Coming!
By Mark Rasch, SecurityFocus
October 8, 2003
<edited for brevity>
The Bureau [FBI] recently sent letters to a handful of reporters who have written stories about the Lamo case – whether or not they have actually interviewed Lamo. The letters warn them to expect subpoenas for all documents relating to the hacker, including, apparently, their own notes, e-mails, impressions, interviews with third parties, independent investigations, privileged conversations and communications, off the record statements, and expense and travel reports related to stories about Lamo.
In short, everything.
The notices make no mention of the protections of the First Amendment, Department of Justice regulations that restrict the authority to subpoena information from journalists, or the New York law that creates a "newsman's shield" against disclosure of certain confidential information by reporters.
Instead, the FBI has threatened to put these reporters in jail unless they agree to preserve all of these records while they obtain a subpoena for them under provisions amended by the USA-PATRIOT Act.
The government also officiously informed the reporters that this is an "official criminal investigation" and asks that they not disclose the request to preserve documents, or the contents of the letter, to anyone – presumably including their editors, directors, or lawyers – under the implied threat of prosecution for obstruction of justice.
That's why you're reading about the letters for the first time here.
They do this despite the fact that, had they actually obtained and issued a subpoena for these documents, the federal criminal procedure rules would have prohibited the imposition of any obligation of secrecy unless the Justice Department obtained a "gag" order on the press – a rare event indeed.
All of this began the day after the Attorney General advised all United States Attorney's Offices to prosecute each and every criminal offense with the harshest possible penalties, instead of the previous policy of prosecuting cases with the penalties that most accurately reflect the seriousness of the offense. Thus, journalists be forewarned – your government may be seeking to throw the book at you!
Believe it or not, this isn't even the worst of it.
(read the rest at the above link.)
The Subpoenas are Coming!
By Mark Rasch, SecurityFocus
October 8, 2003
<edited for brevity>
The Bureau [FBI] recently sent letters to a handful of reporters who have written stories about the Lamo case – whether or not they have actually interviewed Lamo. The letters warn them to expect subpoenas for all documents relating to the hacker, including, apparently, their own notes, e-mails, impressions, interviews with third parties, independent investigations, privileged conversations and communications, off the record statements, and expense and travel reports related to stories about Lamo.
In short, everything.
The notices make no mention of the protections of the First Amendment, Department of Justice regulations that restrict the authority to subpoena information from journalists, or the New York law that creates a "newsman's shield" against disclosure of certain confidential information by reporters.
Instead, the FBI has threatened to put these reporters in jail unless they agree to preserve all of these records while they obtain a subpoena for them under provisions amended by the USA-PATRIOT Act.
The government also officiously informed the reporters that this is an "official criminal investigation" and asks that they not disclose the request to preserve documents, or the contents of the letter, to anyone – presumably including their editors, directors, or lawyers – under the implied threat of prosecution for obstruction of justice.
That's why you're reading about the letters for the first time here.
They do this despite the fact that, had they actually obtained and issued a subpoena for these documents, the federal criminal procedure rules would have prohibited the imposition of any obligation of secrecy unless the Justice Department obtained a "gag" order on the press – a rare event indeed.
All of this began the day after the Attorney General advised all United States Attorney's Offices to prosecute each and every criminal offense with the harshest possible penalties, instead of the previous policy of prosecuting cases with the penalties that most accurately reflect the seriousness of the offense. Thus, journalists be forewarned – your government may be seeking to throw the book at you!
Believe it or not, this isn't even the worst of it.
(read the rest at the above link.)
! 
