The Mudcat Café TM
Thread #40478   Message #580016
Posted By: GUEST
25-Oct-01 - 10:00 PM
Thread Name: BS: Kiss Your Civil Liberties Goodbye
Subject: RE: BS: Kiss Your Civil Liberties Goodbye
Here is the story from Scripps Howard News Service:

WASHINGTON - Do you use your local library's computers or a cyber-cafe to surf the Internet? If a suspected terrorist used the computer before you, the FBI can use ``sneak and peek'' warrants to collect your surfing habits and look at your e-mails.

Do you rent rooms? If that quiet upstairs boarder turns out to be a suspected terrorist, you could be charged with the new crime of ``harboring'' a terrorist.

Do you make a lot of large cash deposits in the bank? The CIA and other intelligence agencies will be alerted to find out if you are involved in money laundering.

Those are just a few of the sweeping changes that will affect Americans under the antiterrorism bill that Congress sent to President Bush on Thursday. It vastly expands the powers of the FBI and CIA to monitor Internet surfing, intercept e-mails and look at bank transactions and other personal records of Americans just on mere suspicion that someone is involved in terrorist activities.

Congressional leaders say the new law - dubbed the Uniting and Strengthening America by Providing the Appropriate Tools Required To Intercept and Obstruct Terrorism, or USA Patriot Act - closes loopholes that have allowed terrorists to operate cells in the United States like those involved in the Sept. 11 attacks.

Critics, ranging from the Electronic Privacy Information Center, the Gun Owners of America and the American Civil Liberties Union, say the USA Patriot Act is so broadly drafted it could disrupt the lives of ordinary Americans.

Lawmakers admitted the powers they are giving the government are extraordinary, and sought to dampen civil liberties concerns by including ``sunset'' provisions in the legislation, allowing many to exist only until Dec. 31, 2005.

Some even admitted they expect the new law will cause problems. ``There will be some abuses, and if there are abuses we can reverse it. It sunsets in four years,'' said Sen. Paul Wellstone, D-Minn.

In most cases, federal agents will have to get advance wiretap approval from the Foreign Intelligence Surveillance Court. About the only thing known publicly about the seven-member panel created in 1978 that sits secretly in the basement of the Justice Department is that it has never rejected an FBI request for a secret warrant. Open warrants, much more common, get approval in regular federal courts.

Here's how the USA Patriot Act could affect your life:

- The FBI is given new authority for Internet searches, and can ask the secret court for a warrant to monitor Internet activities of anyone suspected of terrorism. If that involves use of Internet connections at libraries or cyber-cafes, the FBI can collect all the e-mails and information on Internet sites visited, but would have to get another warrant to read e-mail texts of those who aren't targets of the investigation. ``The net is cast so broadly, a lot of innocent communications are caught up,'' said David Sobel, general counsel of the Electronic Privacy Information Center.

- The FBI is authorized to investigate anyone believed linked either to international terrorism or someone involved in ``domestic terrorism.'' Although not thought to be directly involved in terrorism themselves, these people could be charged with ``harboring'' a suspected terrorist, or ``providing material support'' to a suspect. Anyone involved in providing assistance to a suspected terrorist, no matter how minor, is affected.

- Make a deposit that a bank clerk thinks is suspicious or in violation of some state or federal law, or that involves more than $10,000, and the reports will be turned over to federal intelligence agencies, including the CIA, without any notification to you. Under a 1992 law, banks file such reports only with the Treasury Department. The USA Patriot Act allows intelligence agencies to obtain this information to track money-laundering activities.

- Credit, medical and student records can be retrieved secretly by federal agencies on anyone suspected of involvement in terrorism, after approval by the secret court, regardless of state privacy laws.

- The USA Patriot Act defines domestic terrorism as ``an attempt to intimidate or coerce a civilian population'' or change ``the policy of the government by intimidation or coercion.'' The American Civil Liberties Union says that definition is so broad it could cover political dissent by activists involved in protests against world trade, animal rights, or environmental concerns if police conclude their activities endanger human lives.

- Using a secret warrant, the FBI can break into offices or homes to conduct secret searches. Agents don't need probable cause, just a suspicion of involvement in a crime. Laura Murphy, director of the Washington office of the American Civil Liberties Union, said that poses major Fourth Amendment search and seizure concerns. There would be no notification of what was found in the secret searches.

- Immigrants and non-citizens could be detained for up to seven days before charges are filed. Those charged with immigration violations, including overstaying visas, can be deported. If their home countries refuse to take them back, they can be held indefinitely.

- Information collected during grand jury proceedings could be shared by the FBI with the CIA, giving the CIA domestic information it has been restricted in the past from receiving.

William Webster, a former director of both the FBI and the CIA, said that while Congress is granting very broad powers to federal agencies, there's a check requiring federal judges to review what federal agents are doing.

``I'm comfortable as long as the courts have a role to play,'' said Webster, a former judge.

John Velleco, director of federal affairs for Gun Owners of America, said the government already has sufficient powers to investigate and deal with terrorists.

Jeff Kerr, general counsel for People for the Ethical Treatment of Animals, said his organization is concerned that police could use the new domestic terrorism provisions against social activists.

``There's a fine line that has to be guarded very carefully here,'' he said. ``Something that is educational to one person may be coercive to someone else - a boycott, for example, against any industry. Is that intimidating and coercive?''