Pubdate: Fri, 14 Dec 2001
Source: Wall Street Journal (US)
Copyright: 2001 Dow Jones & Company, Inc.
Contact:  http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Chris Adams

CUSTOMS SEEKS AUTHORITY TO INSPECT MAIL LEAVING U.S. WITHOUT OBTAINING WARRANT

WASHINGTON -- The Customs Service, backed by congressional Republicans, is 
seeking authority to open and inspect mail leaving the U.S. without first 
obtaining a warrant, giving law enforcement a long-sought power but 
troubling postal officials.

Customs officials note that under current law, they can open inbound mail 
without a warrant, search people leaving the country, and search outbound 
mail carried by companies such as FedEx Corp., but not outbound mail. The 
U.S. Postal Service opposes expanding the searches, saying it would harm 
privacy, impair international postal services and could hurt the postal 
system financially.

The search provision is contained in an authorization bill for the U.S. 
Customs Service now before the House and Senate. It would allow Customs 
officials, who have responsibility for watching what comes across the 
country's borders, to search, without first obtaining a warrant, packages 
or other parcels. When it comes to letters or other kinds of first-class 
mail, the Customs Service could open and inspect them with "reasonable 
cause to suspect" the mail contains money or other money-laundering 
instruments, weapons of mass destruction, drugs, information related to 
national defense, child pornography or other forbidden items.

Under the provision, customs officers could look through the envelopes, but 
they couldn't read any correspondence inside without getting a search 
warrant or the permission of the person either mailing or receiving the letter.

Customs officials, who have sought such authority for years -- well before 
the Sept. 11 terror attacks -- said it will help them crack down on money 
laundering and other criminal enterprises. Right now, traffickers can send 
illegal proceeds out of the country through the U.S. mail and know it won't 
be searched.

In fiscal 2001, ended Sept. 30, Customs made 13,727 seizures from inbound 
mail, more than 80% involving narcotics. Critics of the proposal don't have 
a problem with inbound searches, arguing that there is a greater danger to 
the nation of contraband coming into the country than going out.

Several lawmakers and the American Civil Liberties Union have joined in the 
opposition on privacy grounds, saying that Customs' interest in 
confiscating illegal weapons, drugs or other contraband is adequately 
protected by its ability to secure a search warrant when it has probable cause.
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