Keeping
Up With Washington Legislators & Bills
Colleagues,
Congressman Rick Boucher (D-VA) released a draft bill today to
“require notice to and consent of an individual prior to the
collection and disclosure of certain personal information”
relating to that individual. Although the bill is primarily
aimed at restricting Internet data collection, the broad
definitions in the draft raise serious concerns that it could
directly affect private investigators. For example, the bill
requires consent before information can be shared with third
parties. The NCISS Legislative Committee will be examining this
major bill and will work with Congressman Boucher and others to
assure that it does not impact lawful investigations.
In a separate matter, today the Subcommittee on the
Constitution, Civil Rights and Civil Liberties held the first in
a series of scheduled hearings on reform of the Electronic
Communications Privacy Act (ECPA), the wiretap law. The
Subcommittee is attempting to update this legislation to take
into account changes in technology that have occurred since its
enactment in 1986. Larry Sabbath, our NCISS advocate in
Washington, DC, monitored the live discussion where most of the
hearing involved consideration of how law enforcement
authorities can obtain records of electronic communication.
However, the testimony of the witness from the Center for
Democracy and Technology raised the issue of “video surveillance
in private places.” He cited the Pennsylvania school board’s use
video to capture images of students in their homes. That issue
is the genesis for Senator Specter’s video surveillance
legislation, S 3214. It does appear that the reform of EPCA will
not be rushed, as several hearing will be held and witnesses
urged that legislation be very carefully considered over a
period of time.
NCISS member Stuart Drobny has arranged for Larry, Stuart and I
to meet next week with the Chief Counsel, Subcommittee on Crime
& Drugs, U.S. Senate Committee on the Judiciary with regard to
S3214. It is our understanding that Senator Specter’s office is
receptive to our concerns on this video surveillance bill and
are willing to listen to our suggestions and proposed amendment
wording. I will update you on the results of this meeting next
week.
The telephone spoofing legislation (S 30/HR 1258) remains under
consideration in Congress. My personal thanks to the 100+
investigators who reported contacting their Senators opposing
the wording of this bill. House and Senate staff have had some
informal discussions and are expected to meet soon to try to
reconcile the two bills. Senate staff has informed me that they
are cautiously optimistic that an element of “harm” as in S 30
is likely to remain in the legislation. NCISS will remain
vigilant on this issue.
On a final note, the Senate is moving forward on financial
reform. Majority Leader Harry Reid (D-NV) is pushing to finish
the bill by the end of next week. Yesterday, Senator Jay
Rockefeller (D-WV) said that he and Senator Kay Bailey Hutchison
(R-TX) have reached agreement on Federal Trade Commission
powers. It appears the compromise will not expand FTC rulemaking
authority as proposed by the Administration.
I will keep you appraised of the latest legislative news and
activity affecting our profession.
Jimmie Mesis
NCISS Legislative Chairman
NCISS
7501 Sparrows
Point Blvd.
Baltimore, Maryland 21219-1927
(800) 445-8408 . Fax:
(410) 388-9746
Email:
jim@nciss.org
(Permission granted to repost to other email lists and PI
association newsletters)
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