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POLICING PLUTONIUM - THE CIVIL LIBERTIES FALLOUT

NCJ Number
61770
Journal
Harvard Civil Rights Civil Liberties Law Review Volume: 10 Issue: 2 Dated: (SPRING 1975) Pages: 369-443
Author(s)
R W AYRES
Date Published
1975
Length
75 pages
Annotation
THE THREAT TO CIVIL LIBERTIES OF MEASURES REQUIRED TO PREVENT AND/OR INVESTIGATE THE THEFT OF PLUTONIUM IS EXAMINED.
Abstract
THE PEACEFUL COEXISTENCE BETWEEN THE CIVILIAN NUCLEAR POWER INDUSTRY AND CIVIL LIBERTIES INTERESTS MAY BE PROFOUNDLY DISTURBED BY THE EXPANDED USE OF THE MANMADE ELEMENT, PLUTONIUM--ONE OF THE MOST DANGEROUS SUBSTANCES IN EXISTENCE. TO PREVENT DANGEROUS QUANTITITIES OF PLUTONIUM FROM BEING OBTAINED BY CRIMINALS AND TERRORISTS AND INSURE THE SAFE AND SPEEDY RECOVERY OF PLUTONIUM SHOULD IT BE STOLEN WOULD REQUIRE FUNDAMENTAL ALTERATIONS IN THE LEGAL FRAMEWORK ESTABLISHED TO PROTECT INDIVIDUAL RIGHTS. BOTH WITHIN AND WITHOUT THE NUCLEAR INDUSTRY, GOVERNMENTAL SAFEGUARDS WOULD INEVITABLY CURTAIL EXPECTATIONS OF PRIVACY AND THE EXERCISE OF ASSOCIATIONAL AND EXPRESSIVE RIGHTS. PROSPECTIVE EMPLOYEES IN THE NUCLEAR INDUSTRY WOULD HAVE TO UNDERGO EXTENSIVE BACKGROUND CHECKS, AND OFF-THE-JOB AS WELL AS ON-THE-JOB ACTIVITIES WOULD BE UNDER SCRUTINY. THOSE OUTSIDE THE NUCLEAR INDUSTRY WOULD ALSO BE SUBJECT TO INTENSIVE SURVEILLANCE SHOULD THEY BE DEEMED, FOR WHATEVER REASON, POTENTIAL PLUTONIUM THIEVES. ANY THEFT OF PLUTONIUM WOULD INVOLVE EMERGENCY INVESTIGATORY PROCEDURES THAT WOULD GIVE LOW PRIORITY TO TRADITIONAL CONSTITUTIONAL RIGHTS. AS THE QUANTITY OF PLUTONIUM EXPANDS WITH THE GROWTH OF THE NUCLEAR INDUSTRY, PRESSURE WILL MOUNT TO ELIMINATE THE TRADITIONAL CHECKS THE COURTS AND LEGISLATURES PLACE ON THE ACTIVITIES OF LAW ENFORCEMENT, LEADING ULTIMATELY TO THE DEVELOPMENT OF A POWERFUL CENTRAL AUTHORITY TO ENFORCE NUCLEAR SAFEGUARDS. BECAUSE THESE SECURITY MEASURES MUST INEVITABLY ACCOMPANY THE RISE OF A NUCLEAR INDUSTRY, ALL OTHER SOURCES OF ENERGY MUST BE PROVEN UNWORKABLE AND EVERY ENERGY CONSERVATION EFFORT EXHAUSTED, BEFORE EMBARKING ON THIS DANGEROUS PATH. (RCB)