-Caveat Lector- > Wednesday, April 25, 2001 > > Amtrak Pulls DEA Computer > > By Jeff Jones > Journal Staff Writer > Amtrak has pulled the plug on a controversial computer that gave the > Albuquerque office of the Drug Enforcement Administration direct access to > the train's ticketing system. > However, Amtrak police said this week they will continue to provide > information they glean from the ticketing system to other police agencies > across the United States to help catch train-riding drug couriers. > Amtrak police also will continue to receive a portion of the assets > that drug agents seize off trains around the nation. > "We cooperate with law enforcement agencies, including the DEA, and > will continue to do so in the future," Amtrak Police Chief Ernest R. > Frazier Sr. said in a letter to the Journal, dated Monday. > "I have reviewed the issue of computer access because of concerns > raised and have ensured that my personnel will maintain direct control of > computers on our property and access to Amtrak information," Frazier said > in the letter. > The computer ticketing information could provide drug agents with > details such as passengers' last names, where they were traveling from, > when they bought their tickets and whether they used cash or credit to pay > for them. Agents used ticketing information to narrow down who they wanted > to speak with � and therefore whose luggage could eventually be sniffed by > a drug-detecting dog � when the trains rolled into Albuquerque. > Critics have said that using the passenger information could lead to > singling out people based on ethnicity or financial status. The DEA and > Amtrak have said they do not engage in racial profiling. > Barry Steinhardt, associate director of the national ACLU, said Tuesday > that even if the DEA does not have direct access to Amtrak's computer > files, "there's a pretty strong argument" that the information-sharing > arrangement violates the U.S. Constitution's prohibition on unreasonable > searches and seizures. > "Amtrak police ... shouldn't be trawling through customer information > without good cause," Steinhardt said. > Peter Simonson, executive director of the ACLU of New Mexico, said it's > a "significant improvement" that the computer in the DEA office is no > longer online. But he said the ACLU still is pondering legal action. > "... It's still disturbing that any police agency is using customer > records to conduct investigations," Steinhardt said. > Steinhardt said the arrangement may violate the Federal Privacy Act, > which he said prohibits one federal agency from sharing personal > information with another. > Amtrak spokeswoman Lynn Bowersox said this week that "the Federal > Privacy Act does not apply to Amtrak, and we have not violated the law. If > the ACLU pursues an action, we will respond in due course." > The computer-system arrangement between Amtrak and the DEA came to > light last month after a DEA agent outlined the practice while being > questioned by a defense attorney. The questioning took place during a > pretrial interview in a pending drug case stemming from an Amtrak stop. > Agent Kevin Small said during the pretrial interview that the > Albuquerque DEA office has had access to Amtrak's ticketing computer system > for several years. > Small said in the taped interview that agents looked for the > "consistent factors" in drug-seizure cases. He said those factors were > usually one-way cash tickets bought within three days of the departure date. > "We're the only law enforcement agency outside of Amtrak, this office, > that has that computer," Small said in the interview. He added that tips > are passed out "all over the country." > Small's supervisor, Steven Derr, has defended the practice, saying it > does not involve racial profiling, adding "the whole idea of why we do it > this way is so we're not randomly stopping people." > Amtrak Police Chief Frazier said that although Amtrak police do share > in the proceeds of forfeited property, the proceeds "must be used for law > enforcement purposes only. ..." The letter added that "this is not a unique > program, but one in which many state and local police departments > throughout the country have participated for years." > The Journal last week asked both Amtrak and the DEA about how much > money Amtrak receives in drug forfeiture money each year. The DEA has not > responded, and Bowersox said Tuesday she did not yet have the answer. > Amtrak is not considered to be a federal agency, Bowersox said, but she > said it is receiving $521 million in federal money this year. > Bowersox said that the Federal Privacy Act doesn't apply to the train > service. Steinhardt said the ACLU is still researching the issue. > "Amtrak ... is federally funded. It is, in most respects, > indistinguishable from a federal agency," Steinhardt said. > Bowersox said people who buy Amtrak tickets are not informed that the > information they're providing could be used for law-enforcement purposes. > But she said within the next month, passengers who purchase tickets via the > Internet will see a "privacy statement" that will inform them of that > possibility. She said people who purchase their tickets over the counter > also will soon see some similar wording on their Amtrak tickets. > > Copyright 2001 Albuquerque Journal > <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! These are sordid matters and 'conspiracy theory'�with its many half-truths, mis- directions and outright frauds�is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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