posted on October 12, 2000 07:23:51 AM
The Fugitive Apprehension Act of 2000 (S. 2516), sponsored by Sens. Orrin Hatch, R-UT, and Patrick Leahy, D-VT, passed the Senate on July 26. If it passes the House this week it will become law. Its stated purpose is to "fund task forces to locate and apprehend fugitives in federal, state and local felony criminal cases and give administrative subpoena authority to the United States Marshals Service."
Interestingly, the bill defines the term fugitive as someone who has merely been "accused" and not necessarily convicted of a crime.
And although the bill appears to be focused on "fugitives," it gives the government alarming new powers to search the property owned or controlled by people who are merely witnesses. You could be considered a witness if you have a friend, roommate, neighbor, spouse, or family member who is merely under investigation by a government agency.
If that happens, government agents would have the power to issue an "administrative subpoena," or the power to search your property and private records without a court order -- and without ever having to tell you they did so.
Specifically, S. 2516 gives federal bureaucrats the power to:
* Search your "electronic data," such as bank records, school records, medical data, phone bills, and e-mail account. The bill says the government "may subpoena
witnesses for the purpose of the production of any
tangible records (including books, papers, documents,
electronic data, and other tangible and intangible
items) that are relevant to determining the whereabouts
of the fugitive."
* Demand that a third party, such as your bank or Internet Service Provider, turn over your personal records.
* Order that third party to refrain from telling you that your records have been searched and/or seized by the government. Under a "delayed notice" provision in
Section 1075 (g), the bill says the government may
apply for an order "commanding the provider of
electronic communication service or remote computing
service not to notify any other person of the existence
of the subpoena."
* Gives anyone who provides this information about you
immunity from civil liability, meaning they can't be
held accountable for violating your privacy -- or for
failing to tell you that they have disseminated your
records.
This dramatic expansion of government power could pass Congress as early as Thursday.
