Date: Tue, 20 Jan 1998 19:25:16 -0600
From: ACTION ALERT Moderator 
Subject: ACTION ALERT: (HRC) McVeigh Discharge

[ from the HRC mailing list.
  Moderator Note: Send an electronic message!  It's easy! ]

YOUR HELP IS NEEDED - PLEASE FORWARD AND POST THIS MESSAGE!

Day of Online Action - Tuesday, January 20, 1997

Urge the White House and the Department of Defense to
Revoke Discharge Procedures Against Senior Chief Timothy R. McVeigh

Go now to http://www.hrc.org/mcveigh
and send a fast message using HRC's easy-to-use action page!

BACKGROUND:

Secretary of the Navy, John Dalton, has indicated that the Navy will discharge
Senior Chief Timothy R. McVeigh despite evidence that the Navy potentially
violated both the Electronic Communications Privacy Act (ECPA) and "Don't Ask,
Don't Tell, Don't Pursue." The discharge will occur on Wednesday, January 21,
1997, unless a federal court orders the Navy to freeze the discharge pending
the outcome of a lawsuit filed by McVeigh on Thursday, January 15, 1997.

The Secretary of Defense, William Cohen, and the Commander-in-Chief, President
William J. Clinton, retain discretion to stop the discharge and avoid
potentially embarrassing litigation. They, however, need to hear from you that
you are concerned about the government's actions in this case.

The first concern is that the Department of Navy and Department of Defense
violated ECPA by obtaining McVeigh's subscriber information from AOL without a
warrant, subpoena or McVeigh's consent. That is a violation of U.S. law.

The second concern is that McVeigh's command initiated an inquiry against
McVeigh based only on a suspicion that the AOL profile was his, thus
compelling the Navy to confirm McVeigh's identity through AOL. "Don't Ask,
Don't Tell, Don't Pursue" specifically states that suspicions are not credible
information to start an inquiry.

President Clinton stated in announcing "Don't Ask, Don't Tell, Don't Pursue"
that the policy would provide "a decent regard to the legitimate privacy and
associational rights of all servicemembers." Former Secretary of Defense, Les
Aspin, said that servicemembers would have to work hard to get on the radar
screen under "Don't Ask, Don't Tell, Don't Pursue." Those promises have failed
in this case.

The Human Rights Campaign, The Service Members Legal Defense Network, Planet
Out, Wired Strategies, and The Electronic Privacy Information Center urge you
to send an important message to President Clinton, Vice President Gore,
Secretary of Defense William Cohen and Secretary of the Navy John Dalton.
HRC's Online Action Center will send a fax and/or an email to each of their
offices.

Go to:  http://www.hrc.org/mcveigh

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