Ever notice that the most the FBI has done is to write a courtesy letter saying "expect a subpoena"? The rest is author hysteria and speculation.

IOW, unless the letter is in and of itself a subpoena or some sort of actual court order, the journo who recieves it is UNDER NO LEGAL OBLIGATION TO COMPLY. You can tell anyone you want about it (...otherwise our humble opinion here would be in jail right now, ne?)

Think about it: If a cop or city police district mails you a letter saying "Hi! we're going to stop by your house and copy your hard drive in a few weeks. Please don't erase anything."

You can legally do whatever the hell you want to those hard drives, unless or until an actual court order or subpoena shows up telling you otherwise, properly signed and approved in a court of law. Sure, they may try to prove you were "obstructing justice' or some ugly noise, but unless they can prove that you were directly linked to the defendant or case at hand, they have nothing to do that with.

There's a reason that police can't just show up and tell you to do what you will do with your stuff without an immediate (and a very damned good) reason. If they do, the case is dismissed, mistrialed, or at the very least mitigated enough to screw the whole prosecution up, and prosecutors really don't like to look incompetent.

To sum: This article would be one very well-crafted troll if it weren't for the seedling of truth in the FBI actually sending a letter.

There were a few thoughtful responses, and they're pretty enjoyable to read.

Otherwise, we got what? Mostly predictable answers of: "OMFG we're all going to be packed off to re-education camps and John Ashcroft is gonna turn us all into lampshades!!!1!11!!"

Hell, to be honest, a lot of it was almost as hysterical as the militia freaks during Clinton's terms in office.

Vigilance is a precious asset, yes - but a true skeptic maintains it without being given to hysteria.

Just remember this: Manipulation works both ways, y'know.

/P

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Link to this comment: http://www.securityfocus.com/comments/columns/187/22745#22745