Complying
with Federal Subpoenas and Orders
The
USA PATRIOT Act (Uniting and Strengthening America by Providing
Appropriate Tools to Intercept and Obstruct Terrorism) and the
FISA (Foreign Intelligence Surveillance Act) section of that
act give the Justice Department new and extensive powers to obtain
records. FISA also provides for "gag" orders, making
it unlawful for employees to share information about the order.
For example, a US Federal Marshall or INS Agent could serve these
subpoenas.
FISA "gag" orders
prohibit the person served from contacting anyone about how to
respond to the subpoena, including a supervisor. A concern
is that the person served may not know how to respond to the
subpoena or have access to the information requested therein,
yet lack the ability to call a superior for assistance.
To
help ensure that all law enforcement requests are promptly
addressed by personnel who possess the ability to access and
supply the information requested, the WSU AG's office advises
each college or administrative area designate one employee (the "designees")
who will handle all law enforcement requests for that area. For
Cooperative Extension, that designee is the Associate Dean and
Associate Director.
If
presented a federal subpoena, all Extension employees should:
- Ask
for identification of law enforcement agents; and
- Refer
the agent to, Linda Kirk Fox, Associate Dean and Associate
Director, who is designated to handle search requests. Note:
the employee should not indicate that s/he must talk to the
designee before providing assistance; s/he should refer the
agent directly to the Associate Dean.
We
anticipate that agents will honor the request and serve the subpoena
upon the designee will be better able to comply with the request
for information. If that does not occur, and if a law enforcement
agent is present and requesting an immediate response, we advice
that the served employee:
- Immediately
call the Attorney General's Office (509-335-2636). Note that
we advise this even if the subpoena contains a FISA "gag" order.*
- Immediately
use his/her best efforts to comply with the subpoena/warrant.
That is, you should attempt to comply with the subpoena even
if you have been unable to reach an assistant attorney general.
*We
have opined that the University always has the right to the assistance
of counsel. Accordingly, an employee who receives process in
his/her capacity as an agent or employee of the University may
contact the Attorney General's Office for advice regarding interpretation
of the order, what information must be provided, or whether it
has been validly issued.
Date:
April 7, 2003
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