64 lines
2.5 KiB
Plaintext
64 lines
2.5 KiB
Plaintext
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H. Keith Henson
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799 Coffey Ct.
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San Jose, CA 95123
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408-972-1132
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Hon. Wayne D. Brazil
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U.S. Magistrate-Judge
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450 Golden Gate Ave.
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15th Floor, Courtroom A
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San Francisco, CA 94102
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January 19, 1994
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Dear Judge Brazil:
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This letter is to express my concerns about search warrant
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3.94.3005.WDB you issued on January 6 of this year to David
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H. Dirmeyer. (I am assuming you issued it; the copy of the
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warrant persented at the time of the search did not have a
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signature on it, but did have your name typed in.)
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Under "PROPERTY TO BE SEIZED," point A refered to a computer
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system used for publishing, and thus protected from warrants
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under Title 42, Section 2000aa. (The "Newspaper Privacy
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Protection Act" requires supenas except very limited cases.)
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This computer also contained electronic communications
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between many of the 3500 people who used this system. Title
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18, Setion 2703 (Electronic Communication Privacy Act)
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requires specific warrants to seize, or even block access to
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such electronic communications.
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In conversation with Postal Inspector Dirmeyer at the time
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of the search, I asked if he was aware of the these laws.
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He told me that he was. In an additional conversation last
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Saturday morning with him and a police officer he stated
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that he had discussed the ECPA and 2000aa issues as well as
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the Steve Jackson Games type of liability issues with you
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before the warrant was issued.
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Agent Dirmeyer admitted to me Saturday that he was the
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"Lance White" whose records were being sought under points H
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and I of the search warrant, and that you were aware of, and
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approved, the deception involved. Dirmeyer/White also
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stated in writing that he sent an unsolicited package of
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child pornography to the person at the address of the search
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warrant, and (verbally to me) that this was "normal
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investigation procedure."
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I realize that Judges are not much concerned with warrants
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after they are issued. However, I was so astounded by the
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statements of Agent Dirmeyer, that I decided to at least let
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you know about them.
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Sincerely,
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H. Keith Henson
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