Re: Anti-Electronic Racketeering Act of 1995 (fwd)

[koontz@MasPar.COM]

Even scarier is the Storm Trooper Exception (ala Steve Jackson):

            (j) Privacy Protection Act: Section 101 of the Privacy Protection
          Act of 1980 (42 U.S.C. 2000aa) is amended--
                (1) in subsection (a)--
                    (A) by striking `or' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph (2) 
                  and inserting `; or'; and
                    (C) by adding at the end the following new paragraph:
                `(3) there is reason to believe that the immediate seizure of
              such materials is necessary to prevent the destruction or
              altercation of such documents.'; and
                (2) in subsection (b)--
                    (A) by striking `or' at the end of paragraph (3);
                    (B) by striking the period at the end of paragraph (4) 
                  and inserting `; or'; and
                    (C) by adding at the end the following new paragraph:
                `(5) in the case of electronically stored data, the seizure 
              is incidental to an otherwise valid seizure, and the government
              officer or employee--
                    `(A) was not aware that work product material was among
                  the data seized;
                    `(B) upon actual discovery of the existence of work
                  product materials, the government officer or employee took
                  reasonable steps to protect the privacy interests 
                  recognized by this section, including--
                        `(i) using utility software to seek and identify
                      electronically stored data that may be commingled or
                      combined with non-work product material; and
                        `(ii) upon actual identification of such material,
                      taking reasonable steps to protect the privacy of the
                      material, including seeking a search warrant.'.