From: Declan McCullagh <declan@well.com>
Date: Fri, 17 Oct 1997 04:39:52 +0800
To: cypherpunks@toad.com
Subject: FBI allowed to keep file on New York man's lawful activities
Message-ID: <Pine.GSO.3.95.971016131303.29848M-100000@well.com>
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	<B>FBI allowed to keep file on New York man's lawful activities<P>
<B>By LAURIE ASSEO<P>
<B>Associated Press Writer<P>
	WASHINGTON (AP) - The Supreme Court today refused to order the FBI
to purge its file on lawful activities by the former head of a charitable
foundation.
	The court, without comment, turned away arguments that said the
FBI is violating a federal privacy law by keeping a file about the man's
years-ago meetings with foreign leaders and political dissidents.
	Lance E. Lindblom of Larchmont, N.Y., was president of the
Chicago-based J. Roderick MacArthur Foundation from 1984 to 1994. The
foundation supports civil liberties activities, and Lindblom's duties
included meeting with foreign leaders and political dissidents.
	After filing a request with the FBI, Lindblom learned in 1989 that
the bureau kept records that described his meetings with such people.
	Lindblom and the foundation sued the FBI in federal court in the
District of Columbia, saying the 1974 federal Privacy Act required the
bureau to purge those files.
	The law limits federal agencies' authority to keep records
describing how people exercise their rights under the Constitution's First
Amendment, including rights of free speech and association.
	Under the Privacy Act, agencies can keep such records only if it
is authorized by another law or "within the scope of an authorized law
enforcement activity."
	A federal judge ruled for the FBI, saying the files were compiled
for legitimate law enforcement purposes. The investigations were not aimed
at Lindblom or the foundation, but were aimed at the people with whom they
met, the judge said.
	A federal appeals court agreed last December. Federal agencies can
keep records they lawfully collected, the appeals court said, adding that
a requirement to purge old files would be too burdensome.
	In the appeal acted on today, Lindblom's lawyers said agencies
must separately justify the need to keep old records, even if they
originally were lawfully collected.
	Keeping Lindblom's file increases the risk that it will be used
illegally, his lawyers said, noting the 1996 controversy after it was
found that the FBI files of 700 former White House employees had been sent
to the White House.
	Justice Department lawyers said a requirement to purge old files
would cause problems if the information later was needed for a new or
reopened investigation.
	The case is Lindblom vs. FBI, 97-82.
	APTV-10-14-97 1020EDT