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http://www.seattletimes.com/news/local/html98/wtoo07m_20000407.html

Friday, April 7, 2000, 04:53 p.m. Pacific


Police target law limiting surveillance

                            by Mike Carter
                            Seattle Times staff reporter

                            The Seattle Police Department, with the
                            support of Mayor Paul Schell, wants to
                            streamline - and perhaps repeal - a law that
                            limits when and how police can gather
                            information on organizations and
                            individuals.

                            The impetus behind the decision to review
                            the city's unique intelligence law is last fall's
                            World Trade Organization conference. In its
                            self-critical analysis, released this week, the
                            department claims the law "created
                            significant problems" for WTO security
                            planners and later "delayed the gathering
                            and sharing" of intelligence information
                            about anarchists and protesters.

                            "The SPD Criminal Intelligence Section
                            contributed little hard intelligence because
                            of our inability to investigate any of the
                            individuals or groups that ultimately did
                            the most damage," the report says.

                            But the civilian auditor who oversees the
                            department's compliance with the law sees
                            no reason it should have hampered police
                            during the WTO conference. And civil
                            libertarians believe the Seattle Police
                            Department is using the WTO as a red
                            herring to attack the law.

                            "This is an attempt to roll back an important
                            protection for the citizens of Seattle using
                            the problems of WTO as a cover," said Doug
                            Honig, the education director for the
                            American Civil Liberties Union of
                            Washington.

                            That's not so, says Leo Poort, the Police
                            Department's legal adviser who helped
                            draft the law in 1979. The statute, he said, is
                            unwieldy in today's high-tech society,
                            where information about possibly
                            subversive groups is readily available to
                            police. Moreover, he said, few people
                            understand how the law works and how it
                            frightens other agencies into being reluctant
                            to share information with the Police
                            Department.

                            The ordinance was passed after a public
                            outcry over police keeping political files on
                            citizens and groups involved here in the
                            political activism of the 1960s and '70s.

                            It prohibits gathering any information -
                            outside of a criminal investigation - on
                            anyone exercising free-speech rights or
                            solely because of someone's political or
                            religious beliefs.

                            Penalties for breaking the law are
                            substantial - up to $1,000 per violation.

                            Before police can gather information on
                            anyone the law protects, they must have a
                            "reasonable suspicion" that a person or
                            group has or will commit a crime. Someone
                            of the rank of captain or above must
                            approve an investigation.

                            The ordinance calls for a review of any
                            approved investigation by a civilian auditor
                            who - if he finds police broke the law - must
                            inform the targets of surveillance that their
                            rights may have been violated.

                            Poort says the process is cumbersome and
                            impedes the department's ability to react
                            quickly to possible threats.

                            "It's time to take a look at that ordinance,"
                            he said. "We're the only city in the country
                            that requires our department to do this. ...
                            It's a hindrance."

                            Poort believes the intelligence-gathering
                            concern can better be handled through
                            internal policies and suggests the law be
                            removed from the books.

                            At the same time, though, the department
                            admitted that it brushed aside information
                            from other agencies warning of anarchists
                            and others traveling to Seattle with the
                            intent of disrupting the WTO ministerial.

                            Schell, at a news conference Tuesday,
                            expressed a willingness to look at changing
                            the ordinance. And City Council President
                            Margaret Pageler said yesterday she'll look
                            at it, too.

                            "Maybe that needs to be updated because
                            it's a whole new age," she said.

                            Any group can label itself as a religion,
                            thereby falling under the ordinance's ban
                            on police surveillance of religious groups,
                            she said.

                            But attorney Jeff Robinson, the auditor
                            appointed by the mayor to oversee police
                            compliance with the law, said that anyone
                            who believes the statute prevents - or even
                            substantially hinders - police from
                            gathering information simply hasn't read it.

                            All the department needs to do, he said, is
                            conclude that there is a reasonable
                            suspicion of criminal activity and it can
                            open an investigation file - regardless of the
                            subject's religious or political affiliations. "I
                            refer you to the very first section of the
                            ordinance," Robinson said. "I'll quote it:
                            `This ordinance is not intended to protect
                            criminal activity.'

                            "You can't hide behind the veil of politics or
                            religious belief," he said.

                            "If they had intelligence that what these
                            people were planning involved criminal
                            acts, they had every freedom to gather
                            information."

                            The department has had a difficult time
                            with the ordinance. Three times in the past
                            three years, the auditor has found the
                            department violated the spirit - if not the
                            letter - of the ordinance.

                            Mike Carter's phone message number is
                            206-464-3706.



                            Copyright � 2000 The Seattle Times Company




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