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.