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FCPC ALERT #2005-5
www.FairfaxCountyPrivacyCouncil.org
Originally Published on 29 June 2005
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This message is intended for members of the Fairfax County Privacy Council, and anyone else who might be interested in advancing privacy in Virginia. Maximum dissemination of this message is encouraged!

Privacy Notice: All communication from the Fairfax Privacy Council is sent using blind carbon copy ("BCC") format for your security and privacy.

ALERT ITEM SUMMARY:
1.  Photo-Red Light Surveillance Sunset Celebration Rally (Thursday, 30 June)!
2.  FCPC Quarterly Public Meeting – Thursday, 30 June
3.  PATRIOT Act Reform Update – Some Good News and Bad News
4.
  Privacy Quote:  "It's an airline policy that requires a photo ID..."

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1.  Photo-Red Light Surveillance Sunset Celebration Rally (Thursday, 30 June)
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The public is invited to join FCPC and the Fairfax County Libertarian Party members for a Photo-Red Light Surveillance Sunset Celebration Rally on Thursday, 30 June at 7PM at the intersection of Fairfax County Parkway and Loisdale Rd (vicinity the “Hunter Hotel/Restaurant,” just north of Telegraph Road on the "detached segment" of the Fairfax County Parkway near Ft. Belvoir).  Link up time is 6:45 PM vicinity the Wendy’s parking lot.  We will the move to the intersection area and use signs to help educate the public that photo-red light surveillance is being shut down at midnight.

Issue Highlights:

At midnight on Thursday, 30 June 2005, all experimental authority for localities in Virginia to use photo-red light surveillance to ticket motorists sunsets.  Locations of such cameras in Fairfax County can be found at http://www.co.fairfax.va.us/fcdot/redlight/cameras.htm.

The 2005 Virginia General Assembly refused to renew this experiment in “due-process light” in part because a state sponsored study indicated that the scheme not only appears to not improve public safety, but that it’s use is actually correlated with an increase in accidents at some intersections.

In what appears to be a symbolic act of rudeness toward the General Assembly, a few weeks ago the Fairfax County Board of Supervisors voted to strike the County Staff’s routine proposal to remove the County’s photo-red light surveillance ordinance from the County Code as the ordinance is now preempted by state law.  Nonetheless, at http://www.co.fairfax.va.us/fcdot/redlight, the County Staff advises that “Photo Red Light Program Expires:  The enabling state legislation for photo red light monitoring expires June 30, 2005. Accordingly, Fairfax County will no longer use cameras to monitor red light violations after June 30, 2005.”

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2.  FCPC Quarterly Public Meeting – Thursday, 30 June
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FCPC will meet at 7:30 PM at Wendy’s immediately after the Photo-Red Light Surveillance Sunset Celebration Rally (see above for location).  Subjects will include possible implementation of a November election candidate privacy survey, and actions that FCPC should take in preparation for the 2006 session of the General Assembly.  The public is invited to attend.

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3.  PATRIOT Act Reform Update – Some Good News and Bad News ************************************
Law enforcement officials have made at least 200 formal and informal inquiries to libraries for information on reading material and other internal matters since October 2001, according to a new study that adds grist to the growing debate in Congress over the government's counterterrorism powers..."What this says to us," said Emily Sheketoff, the executive director of the library association's Washington office, "is that agents are coming to libraries and they are asking for information at a level that is significant, and the findings are completely contrary to what the Justice Department has been trying to convince the public” (see “Libraries Say Yes, Officials Do Quiz Them About Users,” The New York Times, by Eric Lichtbrau, 20 June 2005; http://www.nytimes.com/2005/06/20/politics/20patriot.html? adxnnl=1&adxnnlx=1119283915-FaV1ZkT2mgR6Fi).

**The Good News:  The Fairfax County Board of Supervisors voted unanimously to draft a letter outlining specific criticism of the Patriot Act, which may be sent to the county's three U.S. Congressmen.

**The Bad News:  The letter is pretty weak compared to the letters sent to Congress by some 389 localities and states around the country including New York City, Pittsburg, and Northern Virginia’s own Arlington County, and the Cities of Falls Church and Alexandria (see the Bill of Rights Defense Committee’s overview at http://www.bordc.org/list.php).  Supervisor Penny Gross (D-Mason) stated that "I don't have any confidence that the letter will be strong enough” (see “Patriot Act Resolution Fails: Supervisor Cathy Hudgins (D) tried to convince the board to approve a statement supporting civil liberties,” The Connection Newspapers, by Brian McNeil, 23 June 2005; http://www.connectionnewspapers.com/article.asp?article=52386&paper=0&cat=109).

***The Good News:  The House of Representatives passed the Freedom to Read Act, stripping away FBI powers to secretly seize library records with judicial oversight or warrant (see “House Votes To Curb Patriot Act: FBI's Power to Seize Library Records Would Be Halted,” The Washington Post, By Mike Allen, 16 June 2005; http://www.washingtonpost.com/wp-dyn/content/article/2005/06/15/AR2005061501953.html). TAKE ACTION at https://secure.aclu.org/site/Advocacy?pagename=homepage&page=UserAction&id=227&JServSessionIdr005=wb7watbl52.app25a and tell the US Senate to follow the House’s lead and pass the Freedom to Read Act. NOTE:  Representative Tom Davis (R-Fairfax County) voted against the Freedom to Read Act, just as he did some months ago when he switched his “yes” vote to a “no” vote, along with 9 other Republican Congressman, after the measure appeared to have already passed –the House Chair then ruled that the measure died as a result of a tie vote.

***The Bad News:  Senate subcommittees are working to greatly expand the federal government’s power under the PATRIOT Act to secretly seize records about you with little or no judicial oversight.  TAKE ACTION at http://action.downsizedc.org/wyc.php?cid=31 to learn about these efforts, and tell the Senate to oppose this expansion of the PATRIOT Act.

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4.  Privacy Quote:  "It's an airline policy that requires a photo ID" …
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Amy Von Walter, spokeswoman for the TSA, confirming that “The law does not require identification to be shown” (see “Security witness sounds alarm on fake IDs,” The Washington Times, by Stephen Dinan, 14 May, 2005;
http://www.washingtontimes.com/national/20050513-115327-9578r.htm).  FCPC Comment: If presentation of IDs to board domestic passenger aircraft flights is not a “federal purpose,” then the mainstream Congressional justification for passage of the REAL ID Act was purely chimerical.

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Questions, or to be added/deleted from future Alerts?  Contact Mike Stollenwerk atFCPCChairman@cox.net.