U.S. Senator: FLEOA warns Senate
Committee to remember civil rights of victims, not just criminals.
On Wednesday, September 16, 2015,
Senator Jeff Sessions (R-AL) read an excerpt from a letter FLEOA sent to the
Senate Judiciary Committee, then entered into the official record, warning the
committee not to forget about the civil rights and privacy of the innocent and
victims of crime rather than just focusing on the rights of criminals. The letter was in response to a list of civil
rights experts who testified at the hearing regarding potential reforms to the
Electronic Communications Privacy Act (ECPA).
FLEOA maintains a strong leadership role in ECPA discussions, and the
lack of law enforcement witnesses drew a strong reaction from FLEOA leadership. Law enforcement relies on many tools under
provided under ECPA to collect evidence and prosecute criminals and terrorists,
and FLEOA is leading the fight to retain those authorities. Read the complete letter and read the
excerpt from Senator Sessions below.
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Statement for the Record submitted by
the Federal Law Enforcement Officers Association before the Senate Judiciary Committee regarding
the hearing titled,
"Reforming the Electronic Communications Privacy Act,” Wednesday,September 16, 2015.
Mr. Chairman, Ranking
Member Leahy, and Members of the Committee:
The Federal Law Enforcement
Officers Association
(FLEOA) represents more than
26,000 federal law enforcement officers from 65 agencies, each sworn
to enforce the law and protect
civil rights granted
under the U.S. Constitution. As such,we are the true practitioners and resident experts regarding the importance of
balancing investigative authorities under the law with the resolute duty to protect the civil rights of all individuals.For this reason, FLEOA prides
itself as a leader
in the national discussion regarding the modernization of the Electronic Communications Privacy Act
(ECPA), and we appreciate the opportunity to submit this statement for the record.
As a matter of law and Constitutional
rights, before collecting information for
use as evidence of a violation of any law, the investigating authority before acting
must meet certain standards and
burdens
prescribed by legal demands. In
the context of electronic information collection, such as emails and other electronic correspondence,
the litmus test for proceeding with a collection effort is already set at a higher burden than the law requires in an effort
to ensure that the civil rights
and privacy of individuals
remains preserved.
FLEOA
members, in their professional capacity as the practitioners of law enforcement and civil rights protections, supports the current
high
level
of burden placed upon the government
before it can act against
an individual or civil entity. While affirming to civil rights and personal privacy, the current system of checks and balances regarding electronic
information collection
is unknown and unappreciated
by the average person.This creates unwarranted fear and
mistrust when headlines and media stories misleadingly charge the government
with the abuse of power
made possible through outdated
laws that fail to recognize 21st Century life.
While current law may not
always address
all aspects of modern life,
the foundational components
of civil rights and
liberties do not change, and
federal law enforcement continues to recognize and
protect these principles. Even so, with the increasing complexity of communications technology,
law enforcement
struggles to compete
with the speed of change.There is great
concern within
the law enforcement community that
blanket requirements under the law
that attempt to encapsulate all conditions and technology from which
information is collected will
unnecessarily add
to this struggle, especially under exigent situations that indicate a threat to life and
safety.
Law enforcement relies on electronic information to generate leads,
identify suspects,exonerate
the innocent and obtain justice for the victims
of crimes who often suffer
violations of their civil
rights and privacy by criminals and terrorists.It is for this
reason
that a balance between enforcement authorities and civil rights
and privacy must exist. The over-consideration of one leads to a violation of the other.Federal law enforcement officers seek
to protect both equally.
FLEOA encourages
the Committee to continue gathering the
perspectives of
law enforcement
practitioners with a focus on maintaining the fragile balance between enforcement authority and civil
rights and privacy without elevating one over the other. When
the scale tips either way, it is the civil
rights and privacy of
the innocent or the victim that ultimately suffers the most.
Respectfully submitted,
Steve Lenkart
Executive Director
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Excerpt from the Senate Committee on the
Judiciary hearing titled, "Reforming the Electronic Communications Privacy
Act,” on Wednesday, September 16, 2015.
Senator SESSIONS:
Thank you very much, Mr. Chairman. I
would like comment and introduce the Federal Law Enforcement Officers
Association letter which notes that they -- law enforcement -- rely on
electronic information quote, "To generate leads, identify suspects,
exonerate the innocent and obtain justice for the victims of crime are often
suffer violations of their civil rights and privacy by criminals and
terrorist," close quote.
So, I would offer that and note that many others are sharing the same comments
including the FBI Agents Association, Fraternal Order of Police, the National
Sheriff's Association, the National District Attorney's Association and the
Major Cities Chiefs Association to name a few.