The Direct Marketing Association has criticized the proposed Customs Border Security Act (H.R. 3129) on the grounds that it could hurt international business.
Proposed in the wake of the Sept. 11 terrorist attacks by Rep. Phil Crane (R-IL), the bill would allow customs officers to inspect outbound international mail without a warrant.
The bill’s supporters claim that this measure would enable customs officers to detect the shipment of weapons of mass destruction and attempts at money laundering. But civil liberties and business groups argue that it would undermine rights.
“This would be the first time since Ben Franklin created the Postal Service that seizure and searches, without warrants, of outbound international mail would be allowed,” said H. Robert Wientzen, president of the DMA, in a statement. “In addition to civil liberties concerns expressed by others, such a measure would slow the pace of mail and add millions to the cost of shipping goods overseas.”
The DMA president added that more than half of the firms in the catalog and interactive marketing fields have a substantial international presence.
The American Civil Liberties Union also criticized the bill, saying that it would “undermine the right to privacy in personal correspondence.”
The bill was approved by the House Ways and Means Committee on Oct. 31. On Dec. 6, however, the House rejected a move to suspend the rules and pass the bill as amended.
The mail inspection measure is only one part of the bill. The legislation would also increase the U.S. Customs Service budget to $5 billion over two years, and provide immunity from civil suits for customs officials who performed a search “in good faith.”
The ACLU argued that the latter measure would “expand the immunity of customs officials in ways that would make it nearly impossible for a person to seek redress for an unconstitutional search.”
The bill would also require airlines to share computerized passenger and cargo manifests with Customs officials.
Wientzen continued that H.R. 3129 would “undermine all businesses who rely on low-cost and convenient access to the global market for the growth of their companies. Subjecting outbound international mail to these kinds of warrantless searches would add delays and costs for American companies, making them less competitive in the global marketplace.”
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