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For Immediate Release: Monday, October 21, 2002Electronic Frontier Foundation Helps Dive Shop Resist FedsPrevents "Fishing Expedition" into Privacy of Scuba DiversElectronic Frontier Foundation Media ReleaseSan Francisco - The Electronic Frontier Foundation (EFF) today announced that it assisted Beverly Hills scuba diving store Reef Seekers Dive Co. in resisting a federal grand jury subpoena demanding that the dive shop identify everyone who had taken, but not finished, its recreational dive classes over the last three years. After a call from the EFF indicating that it intended to defend the dive shop in court, U.S. Attorneys withdrew the subpoena, and it has not been reissued. The subpoena appears to have been based upon unsubstantiated fears that a terrorist attack using underwater explosives could be carried out by partially- trained, recreational divers. Ken Kurtis, co-owner of Reef Seekers, stated: "The scenario the FBI was painting--of divers swimming into a harbor with explosives to blow up ships--is extremely difficult and far-fetched for even the most skilled and experienced diver, and would be next-to-impossible for a newly certified diver, let alone one who had dropped out of a class and never completed training." The FBI had already successfully sought information about every certified diver in the United States through the private certification organizations PADI, NAUI, and SSI. To many divers' dismay, these dive organizations handed over information about their members without either seeking a legitimate subpoena or notifying their members that their privacy was being compromised. EFF Legal Director Cindy Cohn wrote an open letter to PADI pointing out its lack of care for its customer's privacy. "The rules requiring the government to issue reasonable subpoenas were enacted by Congress to provide an important check on governmental power," explained Cohn. "It is unfortunate that PADI and the other organizations did not use them to protect their members." "The Reef Seekers case indicates that, when faced with having to explain itself to a federal court, the U.S. Attorneys' Offices will not pursue broad, unfocused fishing expeditions into the lives of average Americans," concluded Cohn. EFF hopes that this example will embolden others who are facing overly broad requests for information from law enforcement to require full compliance with the legal procedures provided by law to protect both themselves and the privacy of their customers. Links:
For this release:
For EFF's letter to PADI: About EFF:The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most-linked-to websites in the world at http://www.eff.org/ Contact:Cindy CohnKen Kurtis
Co-Owner
Reef Seekers Dive Co. +1 310 652-4990
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