FC: Rep. Armey questions Interior Department photo radar system

[Declan McCullagh <declan () well com>]

[For those of us who are Washingtonians, this is not merely a theoretical 
concern: Much of the area is technically under the Park Police's 
jurisdiction. BTW all four complimentary tickets to tomorrow's event have 
been claimed; you can register online (and pay) if you're planning to come. 
--Declan]

*********

From: "Diamond, Richard" <Richard.Diamond () mail house gov>
Subject: Armey on proposed federal photo radar expansion
Date: Tue, 8 May 2001 11:02:20 -0400

Interior Secretary Should End Federal Surveillance Camera Effort
Photo Radar Program Undermines Privacy

        House Majority Leader Dick Armey wrote to Interior Secretary Gale
Norton today asking her to end the unprecedented federal photo radar camera
program that began under former Secretary Bruce Babbitt. "Photo radar" units
snap photographs of passing motorists for the purpose of identifying and
mailing speeding citations to alleged speeders.

        "I am concerned that this may be seen as a step toward a Big Brother
surveillance state, where the government monitors the comings and goings of
its citizens," wrote Armey.

        The National Park Service proposed a rule last year that would allow
photo radar units to be activated on park roads within the Washington, D.C.
metropolitan area. Once finalized, however, this rule could be extended to
cover any of the 5,000 miles of park roads throughout the country. Such a
rule would also set a precedent for other federal and local jurisdictions to
follow.

        "The Park Service, without Congressional approval, is planning to
turn this into a revenue-raising system that issues tickets to motorists,"
wrote Armey.

        Two photo radar cameras currently operate in a test mode on the
George Washington Memorial Parkway in Virginia. Since the speed limit on
this road is set well below the average speed of traffic, as many as 30,000
motorists a day could receive a ticket in the mail.  Activating these
cameras would clearly generate significant ticket revenue.      

        The Park Service took this action despite Virginia Governor James S.
Gilmore's vocal opposition to the use of such traffic surveillance systems
within his state. Armey cited a letter Gilmore wrote to him last year.

        "While there is clearly the necessity to assure public safety
through effective enforcement of traffic laws, the use of cameras, operating
without human judgment reduces our system of justice to trial by machinery
without the presumption of innocence," wrote Gilmore.

        "I respectfully urge you to review former Secretary Babbitt's spy
camera program and take the steps needed to protect the privacy of the
millions of Americans who use and depend on park roads," Armey concluded in
his letter to Norton.

A copy of the letter is attached. For more information, visit
www.freedom.gov
# # #



May 8, 2001
The Honorable Gale Norton
U.S. Department of the Interior
1849 C Street, N.W.
Washington, D.C. 20240

Dear Secretary Norton,

        As a conservative, I am distressed by encroachments upon our
liberty, however small they may be.  For that reason, I wanted to bring to
your attention an issue, though small, that I believe has the potential to
become a significant privacy concern for the millions of Americans who use
park roads.

        The National Park Service undertook an unprecedented expansion of
the use of photographic radar cameras on federal roads last year.  It first
installed cameras on roads located within the Commonwealth of Virginia as
part of an authorized demonstration project. Now the Park Service, without
Congressional approval, is planning to turn this into a revenue-raising
system that issues tickets to motorists.

        In essence, what these cameras do is turn the duty and judgment of
law enforcement officers over to a machine. Citizens lose their
constitutionally guaranteed right to face their accuser in court when the
due process of law is traded for the efficiency of revenue generation. You
can't argue your case to a machine.

        People feel the burden where similar systems have been put in place.
In the District of Columbia, for example, red light cameras indiscriminately
mail out tickets to mourners involved in funeral processions and even
ambulances and police cars. Last year, the District reluctantly admitted
that it had unfairly issued tickets to at least 20,000 motorists with a
single camera.

        I'm committed to doing what it takes to make our roads safer, but
not at the cost of our fundamental rights.  Likewise, I am concerned that
this may be seen as a step toward a Big Brother surveillance state, where
the government monitors the comings and goings of its citizens.

        Enclosed you will find a copy of a letter the Governor of Virginia
sent to me last year expressing his opposition to the Park Service's plan.
Not only did the Park Service fail to consult him on this matter, it did not
even have the courtesy to notify him when it opened a public comment period.
The federal government should not impose this system on a state that sees it
as a most unwelcome development.

        I have confidence that you will appreciate the privacy concerns that
Governor Gilmore and I have raised.  I respectfully urge you to review
former Secretary Babbitt's spy camera program and take the steps needed to
protect the privacy of the millions of Americans who use and depend on park
roads.

                                Sincerely,
                                DICK ARMEY
                                Majority Leader




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