
          H. Keith Henson
          799 Coffey Ct.
          San Jose, CA  95123
          408-972-1132

          Hon. Wayne D. Brazil
          U.S. Magistrate-Judge
          450 Golden Gate Ave.
          15th Floor, Courtroom A
          San Francisco, CA  94102

          January 19, 1994


          Dear Judge Brazil:

          This letter is to express my concerns about search warrant
          3.94.3005.WDB you issued on January 6 of this year to David
          H. Dirmeyer.  (I am assuming you issued it; the copy of the
          warrant persented at the time of the search did not have a
          signature on it, but did have your name typed in.)

          Under "PROPERTY TO BE SEIZED," point A refered to a computer
          system used for publishing, and thus protected from warrants
          under Title 42, Section 2000aa.  (The "Newspaper Privacy
          Protection Act" requires supenas except very limited cases.)

          This computer also contained electronic communications
          between many of the 3500 people who used this system.  Title
          18, Setion 2703 (Electronic Communication Privacy Act)
          requires specific warrants to seize, or even block access to
          such electronic communications.

          In conversation with Postal Inspector Dirmeyer at the time
          of the search, I asked if he was aware of the these laws.
          He told me that he was.  In an additional conversation last
          Saturday morning with him and a police officer he stated
          that he had discussed the ECPA and 2000aa issues as well as
          the Steve Jackson Games type of liability issues with you
          before the warrant was issued.

          Agent Dirmeyer admitted to me Saturday that he was the
          "Lance White" whose records were being sought under points H
          and I of the search warrant, and that you were aware of, and
          approved, the deception involved.  Dirmeyer/White also
          stated in writing that he sent an unsolicited package of
          child pornography to the person at the address of the search
          warrant, and (verbally to me) that this was "normal
          investigation procedure."

          I realize that Judges are not much concerned with warrants
          after they are issued.  However, I was so astounded by the
          statements of Agent Dirmeyer, that I decided to at least let
          you know about them.

          Sincerely,


          H. Keith Henson



