H. Keith Henson 799 Coffey Ct. San Jose, CA 95123 408-972-1132
Hon. Wayne D. Brazil U.S. Magistrate-Judge 450 Golden Gate Ave. 15th Floor, Courtroom A San Francisco, CA 94102
January 19, 1994
Dear Judge Brazil:
This letter is to express my concerns about search warrant 3.94.3005.WDB you issued on January 6 of this year to David H. Dirmeyer. (I am assuming you issued it; the copy of the warrant persented at the time of the search did not have a signature on it, but did have your name typed in.)
Under "PROPERTY TO BE SEIZED," point A refered to a computer system used for publishing, and thus protected from warrants under Title 42, Section 2000aa. (The "Newspaper Privacy Protection Act" requires supenas except very limited cases.)
This computer also contained electronic communications between many of the 3500 people who used this system. Title 18, Setion 2703 (Electronic Communication Privacy Act) requires specific warrants to seize, or even block access to such electronic communications.
In conversation with Postal Inspector Dirmeyer at the time of the search, I asked if he was aware of the these laws. He told me that he was. In an additional conversation last Saturday morning with him and a police officer he stated that he had discussed the ECPA and 2000aa issues as well as the Steve Jackson Games type of liability issues with you before the warrant was issued.
Agent Dirmeyer admitted to me Saturday that he was the "Lance White" whose records were being sought under points H and I of the search warrant, and that you were aware of, and approved, the deception involved. Dirmeyer/White also stated in writing that he sent an unsolicited package of child pornography to the person at the address of the search warrant, and (verbally to me) that this was "normal investigation procedure."
I realize that Judges are not much concerned with warrants after they are issued. However, I was so astounded by the statements of Agent Dirmeyer, that I decided to at least let you know about them.
H. Keith Henson
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