From: Ernest Hua <hua@XENON.chromatic.com>
Date: Thu, 20 Jun 1996 09:06:12 +0800
To: Black Unicorn <unicorn@schloss.li>
Subject: Re: You bet they have/are: NSA/CIA to snoop INSIDE the U.S.???
In-Reply-To: <Pine.SUN.3.93.960618020945.20947B-100000@polaris>
Message-ID: <199606191725.KAA26806@server1.chromatic.com>
MIME-Version: 1.0
Content-Type: text/plain



> > It is clear that if the FBI/CIA/NSA/ATF/DoS intercepts a message with
> > some very important content, like, say, I (Ernest Hua) was plotting to
> > kill Hillary, then they can use that information to start investigating
> > my activities, even if the intercept turned out to be illegal.  Those
> > who saw the content of this intercept is not required by law to "forget"
> > that they ever saw it.
> 
> If they intend to prosecute in a U.S. court they are.
>
> Which crowd of lawyers was this?  Must have been after open bar.

An US DoJ attorney, but that may not say much.

> Look it up, the doctrine is called "fruit of the poisonous tree."

We discussed this doctine, but it was pointed out to me that as long
as they can come up with some plausible alternative reason for having
the information related to the intercept (say, they were bugging some
suspicious neighbor and "accidentally" tap the wrong phone line) then
I would never find out that the real intercept ever took place.

By law, technically, the phone company/tapping party would have to
let me know that I had been tapped in 30 days.  In practice, I wonder.

> That evidence will have to survive a hearing on exclusion.  Highly
> unlikely if you were accidently overheard.

Yes.  We discussed this part too.

Ern