IP: RE: Senate votes to permit warrantless Net-wiretaps, Carn ivore us e

[David Farber <dave () farber net>]

> From: "Baker, Stewart" <SBaker () steptoe com>
> To: "'Declan McCullagh'" <declan () well com>, farber () cis upenn edu,
>    ip-sub-1 () majordomo pobox com
> cc: "Albertazzie, Sally" <SAlbertazzie () steptoe com>,
>    "Baker, Stewart" <SBaker () steptoe com>
>
>
> Declan,
>
> I ignored the first two points because I don't think they're that important.
> These "warrantless searches" are emergency orders that have to be followed
> by a court order in 48 hours.  Sometimes courts are closed and the cops need
> data right away.  Tuesday evening would be a good example.  This is not some
> out-of-control police authority.
>
> The people who can ask for emergency orders have to be designated by one of
> several officials at Main Justice.  That's to make sure someone responsible
> ends up with the authority to declare an emergency.  So an assistant US
> attorney could be designated by Main Justice in each district right now.
> What's the big deal with letting the US Attorney for the district do the
> designating instead of Main Justice? Seems to me that the US Attorney
> probably knows more about staff changeovers than Main Justice, so it makes
> sense for the US Attorney to do the designating locally.
>
> Stewart



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