FC: Request for help on Oregon hearing Fri. on wiretap bill

[Declan McCullagh <declan () well com>]

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From: Fred Heutte <phred () sunlightdata com>
To: <tien () eff org>, <mnemonic () well com>, <gjk () well com>
CC: <karynn () karynn org>, <declan () well com>
Date: Sun, 9 Mar 2003 20:42:40 -0800
Subject: Oregon pen register/trap and trace bill

A head's-up here on a bill to expand Oregon's electronic surveillance
authority to "racketeering" (which is just as broad as you'd expect).
I send this to the ACLU and other interested folks in Oregon.

My friend Karynn Fish (karynn () karynn org) is the legislative assistant
for Rep. Greg Macpherson, who is on the Oregon House Judiciary
committee.  She would like some help from experts on the whole pen
register/trap and trace issue.  If you would be willing to get in touch
(503-986-1438 or 503.917-9067) and discuss this it would be greatly
appreciated.

The hearing is this Friday so there is still time to organize a coherent
response.

HB 2118 is very short, so I've attached it as a PDF.

thanks,

Fred
503.222-9572

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(email to Oregon ACLU and others from Fred Heutte)

I am quite concerned about HB 2118, which has a hearing this Friday
in House Judiciary as shown below.  The bill is very simple: it expands
authority for state law enforcement "pen register or trap and trace"
surveillance, i.e., wiretapping, by simply adding a reference to ORS
166.720, the generic monetary fraud and racketeering statute.

This is worrisome for two reasons.  First, at least at the federal level,
and I presume at the state level, pen register and trap-and-trace
actually covers far more than simple phone connection monitoring.
It is also the basis for Internet surveillance of email and other
activities.  Second, the racketeering statute is so broad it can easily
be used as a porthole for political surveillance.

ORS 166.715(6)(a)(C) includes "obstructing governmental administration"
in the definition of racketeering.  In ORS 162.235(1), which is included
by reference, this is defined as follows: "A person commits the crime
of obstructing governmental or judicial administration if the person
intentionally obstructs, impairs or hinders the administration of law
or other governmental or judicial function by means of intimidation,
force, physical or economic interference or obstacle."

Connecting the dots here, it is conceivable that a forest activist group
that plans to oppose administrative decisions by "physical obstacle"
-- chaining a few protestors to the front door of a state office --
could be determined to be engaged in potential "racketeering" and
thus be subject to electronic surveillance.

I hasten to add this is just a hypothetical example and I have no
information about any such plans, it's just the sort of thing that
happens these days.  Blocking access to an office may well be an
offense, but it's hard to see how this could be considered
"racketeering."

It is through these sophisticated but obscure actions that governments
stifle our free speech rights and open the door to illegal interference
in lawful political activity by law enforcement.

I hope the Oregon ACLU will be active in curbing these potential
effects from HB 2118.

Thanks,

Fred Heutte
503.222-9572

-----------------------------------
House Judiciary Committee
Date:  Friday-March 14
Time:  1:00 P.M.
Room: 357

Public Hearing and Possible Work Session
HB 2118

Expands circumstances under which order authorizing use of
pen register or trap and trace device may be entered.

http://www.leg.state.or.us/03reg/agenda/agendas.htm#HJUD




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