DOJ procedures relating to Clipper Chips and key escrow

One of the interesting passages comes at the end of the DOJ memo
about obtaining Clipper keys pursuant to an interception:

"These procedures do not create, and are not intended to create,
any substantive rights for individuals intercepted through
electronic surveillance, and noncompliance with these procedures
shall not provide the basis for any motion to suppress or other
objection to the introduction of electronic surveillance evidence
lawfully acquired."

What this means, apparently, is that keys or communications obtained
through noncompliance with these procedures are nevertheless considered
to be "lawfully acquired." No suppression of evidence. No civil suit.

In other words, "if we break our rules, tough."


--Mike

>"These procedures do not create, and are not intended to create,
>any substantive rights for individuals intercepted through
>electronic surveillance, and noncompliance with these procedures
>shall not provide the basis for any motion to suppress or other
>objection to the introduction of electronic surveillance evidence
>lawfully acquired."

This reminds me a lot of the language used when describing the changes
in FOIA policy, which was something like "The agencies are supposed to
be good, but if they're not, this change doesn't change your ability
to do anything about it."

Is this a Clinton administration policy to make such feel-good,
govern-bad pronouncements?

Eric

Eric writes:

> This reminds me a lot of the language used when describing the changes
> in FOIA policy, which was something like "The agencies are supposed to
> be good, but if they're not, this change doesn't change your ability
> to do anything about it."
> 
> Is this a Clinton administration policy to make such feel-good,
> govern-bad pronouncements?

If anything, the Clinton announcements are far more generous than those of
Reagan and Bush.


--Mike