FC: Harvey Silverglate on TIPS-informing, obstruction of justice

[Declan McCullagh <declan () well com>]

---
        
From: "Harvey A. Silverglate" <has () world std com>
To: <declan () well com>
Subject: RE: Brad Templeton on DOJ "TIPS" informant plan: Operation  TIPS-TIPS
Date: Wed, 17 Jul 2002 10:58:47 -0400

Declan
        I find Brad Templeton's proposal for dealing with the DOJ "TIPS" program
ingenious, even patriotic. But it has one flaw. The Ashcroft DOJ, and the
Rehnquist Supreme Court, would likely consider such a response to be
"obstruction of justice" or worse. After all, Ashcroft had the nerve to tell
the Senate and the American people that civil libertarians' criticism of the
Administration's anti-terrorism program, with "phantoms of lost liberty,"
gives aid to the enemy -- a virtual accusation of treason. Do not think I'm
saying this in jest. The DOJ, or individual federal agents or prosecutors,
have in the past deemed it to be "obstruction of justice" for a bank to tell
a customer that his/her records have been subpoenaed, or for a citizen to
warn another citizen that a "bug" has been installed, or even for someone to
tear-out and destroy a bug planted in his own house or car! Former CIA
agents have been accused of this-and-that for being whistleblowers. It is
not so easy, nor risk-free, for citizens to fight back. That's all part of
the new official terror being invoked in order to fight terror.
                                                        Harvey Silverglate

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From: "Dan Alban" <dalban () gmu edu>
To: <declan () well com>
Cc: <brad () templetons com>
Subject: RE: Brad Templeton on DOJ "TIPS" informant plan: Operation  TIPS-TIPS
Date: Wed, 17 Jul 2002 10:09:40 -0400

Great suggestion!  I now have just such a sign on my office door.

It reads:

      NO TIPS INFORMANTS

  permitted in this office


If you are a TIPS informant, please leave
immediately and re-evaluate your life.


Cheers,
Dan Alban

Program Director
Institute for Humane Studies
www.theIHS.org
Direct line: (703) 993-4947
Fax: (703) 993-4890

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To: declan () well com
Cc: brad () templetons com
Date: Wed, 17 Jul 2002 12:12:25 -0400
Subject: Re: FC: Brad Templeton on DOJ "TIPS" informant plan: Operation 
TIPS-TIPS

> From: Brad Templeton <brad () templetons com>
> To: Declan McCullagh <declan () well com>

> We just need operation TIPS-TIPS.  A network of people to spot and
identify
> possible TIPSters, to put up lists of their names, routes and
addresses,
> and possibly to put chalk marks on their vehicles, homes and even
clothes
> so we can spot them coming, avoid socializing with them, refuse them
> entry onto our land.

The old "Kilroy" inside a modern international slashed circle would do,
though the tatoos on their foreheads might best be in the color of a
scarlet letter.

> Perhaps like "No Solicitors" or gates could have signs
> saying "No TIPS informants"  If the power company wants to read my
> meter, they should send a non-informant.

And we could trust the same politicians and judges soliciting these
crooks and unethical predators to violate our 4th Am. rights to enforce
laws making it criminal trespass or worse when they spy on us, rather
than mandate employers not fire them as incapable of full job performance
as outside salespeople, repair persons, delivery persons for UPS or
competitors, etc., when many of us post notices making it criminal for
them to enter our properties?


Terry

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Date: Wed, 17 Jul 2002 15:35:08 -0700 (PDT)
From: Phil Kos
To: Declan McCullagh <declan () well com>
Subject: Re: FC: Brad Templeton on DOJ "TIPS" informant plan: Operation
 TIPS-TIPS

[Actually a general comment/thought on the TIPS program in the context of
PATRIOT.  Forward to the list if you want, but if so please omit my email
address.]

One of the provisions of PATRIOT, as I recall, was special criminal status
for terrorist hoaxes.  This new TIPS program seems to opening the door to
lots of false leads and reports, which might in some cases amount to
hoaxes under PATRIOT.

Do you (or does anyone on this list) happen to know if there's anything
that would provide a special immunity for registered TIPS stoolies from
charges of fomenting a terrorism hoax?  (I'm thinking along the lines of
the privacy/immunity protections for businesses in the proposed
"infrastructure" vulnerability reporting program.)  Some special clause in
PATRIOT, perhaps?  Because if there isn't, the DoJ/FEMA/whoever may be
shooting themselves in the foot with this thing; after a couple of
high-profile prosecutions of bogus "informants," the chilling effect on
the rest of the TIPS roster would be significant.

Of course, I'm not trying to suggest that any of this Executive Branch
posturing is genuinely intended to make the public more secure...


- phil




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