Interesting People mailing list archives

IP: Latest target - scuba divers


From: Dave Farber <dave () farber net>
Date: Wed, 12 Jun 2002 12:16:02 +0900


------ Forwarded Message
From: Mikki Barry <ooblick () netpolicy com>
Date: Tue, 11 Jun 2002 22:19:18 -0400
To: David Farber <dave () farber net>
Subject: Latest target - scuba divers

Both PADI and NAUI, the two largest scuba diving certification agencies in
the world, have turned over student information from the past 3 years to the
FBI.  If you're a diver, you likely now have a little file at the FBI.


------ Forwarded Message
From: "Jeff Nadler" <jeffn () padi com>
Date: Tue, 11 Jun 2002 17:54:54 -0700
To: "Mikki Barry" <ooblick () netpolicy com>
Subject: RE: I am very disappointed in PADI

Dear Mikki,

Thank you for contacting me regarding the FBI investigation. We share your
personal liberties concerns and the privacy issue was an important
consideration in addressing the FBI's request. At the same time, we were
aware of at least one dive store owner who had told an FBI agent visiting
his store that he was too busy to spend time compiling his records; the
agent returned within several hours with a subpoena for the records. As you
probably know, if our certification records were subpoenaed, we would be
unable to demand any restrictions on the use of that information.

Faced with that scenario, we decided the best approach was to cooperate, as
long as the FBI agreed to certain conditions. Prior to our complying with
their request, we received the FBI's agreement that: 1) this information is
the proprietary property of PADI and its members; 2) it was provided to the
FBI Counterterrorism Division for the express and single purpose of
investigation into possible terrorist activities using scuba; 3) the
information would not be used for any other purpose, and: once the
Counterterrorism Division had completed its investigation, the information
would be returned to PADI.

I hope that this explanation demonstrates that we tried to do our very best
to protect the privacy of PADI divers, in light of the very real likelihood
of being subpoenaed for this information if we did not cooperate.
 
Sincerely, 
Jeff Nadler 
PADI Vice President, Industry & Government Relations

-----Original Message-----
From: Mikki Barry [mailto:ooblick () netpolicy com]
Sent: 11 June, 2002 3:46 PM
To: Jeff Nadler
Subject: I am very disappointed in PADI


I likely cannot express how truly disappointed I am in PADI that you have
decided upon yourselves to turn private information regarding dive student
files and other personal information over to the FBI.  This overbroad and
invasive search into our privacy is unwarranted, and not backed by the
checks and balances that our Constitution guarantees - namely a court order
or subpoena.

I expected more from PADI in protecting the privacy of your members and your
students.  Our civil liberties have been sorely violated.



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