Re: Electronic Privacy Information Center

From: Amara Graps (amara@amara.com)
Date: Mon Mar 17 2003 - 08:40:23 MST

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    >That is not the "Patriot Act II" as you labeled it but the Patriot Act
    >of 2001.

    Sorry, my mistake.

    This is Patriot Act I.
    http://www.epic.org/privacy/terrorism/usapatriot/

    --------

    This is the Patriot Act II.
    http://www.epic.org/privacy/terrorism/patriot2.html

    "Introduction
    In February 2003, the Center for Public Integrity obtained an
    apparent draft of "PATRIOT II" legislation. The draft, dated January
    9, 2003, contained an analysis and the proposed text of the
    "Domestic Security Enhancement Act of 2003."

    The draft touches on a number of areas of law, including
    wiretapping, law enforcement access to business records, freedom of
    information, search and seizure, encryption policy, and immigration
    law.

    When the language was leaked, the DOJ immediately issued a press
    release minimizing the importance of the draft. However, the draft
    indicates that DOJ intends to continue to increase executive police
    power while either limiting or eliminating congressional or judicial
    oversight."

    --------

    The EPIC site provides a huge number of documents. I encourage
    people here to read them. For example:

    ACLU and EPIC v. Department of Justice
    Civil Action No. 02-2077 (D.D.C.)

    EPIC, joined by the American Civil Liberties Union and
    library and booksellers' organizations, filed suit on October
    24, 2002, under the Freedom of Information Act (FOIA) seeking
    the disclosure of information concerning implementation of
    the controversial USA PATRIOT Act. The lawsuit covers some of
    the information the Justice Department withheld from the
    House Judiciary Committee in response to a set of detailed
    questions.

    http://www.epic.org/privacy/terrorism/usapatriot/foia/

    Freedom of Information Act (Learn what your government is doing)
    http://www.epic.org/open_gov/

    On the Total Information Awareness Program
    http://www.epic.org/privacy/profiling/tia/

    --------------

    EPIC site also provides links to other web sites on these
    topics.

    Here is a web site that summarizes the main amendments
    of the Patriot Act II. I paste the summary below.

    http://www.fcnl.org/issues/immigrant/sup/patriot-2_tlkpts.htm

    More on Civil Liberties
    Date Last Reviewed: 2/13/03

    Talking Points I: Domestic Security Enhancement Act of 2003
        ("Patriot II")

    The USA PATRIOT Act was signed into law on Oct. 26, 2001. For
    months, Congressional legislative and committee staff have
    anticipated follow-up legislation. The Administration consistently
    indicated that, although many ideas were being considered, specific
    proposals weren't ready to be shared with Congress. However, on
    Friday, Feb. 7, 2003, the non-partisan Center for Public Integrity
    (CPI) posted on its website a copy of a confidential draft of
    proposed legislation dated Jan. 9, 2003, entitled the "Domestic
    Security Enhancement Act of 2003," together with a "control sheet"
    which appears to show that the confidential draft had been
    transmitted on Jan. 10, 2003, to House Speaker Hastert (IL) and
    Vice-President Cheney (presumably in his capacity as President of
    the Senate). Availability of the document was publicized by Bill
    Moyers on his Feb. 7, 2003, PBS TV program, "Now with Bill Moyers,"
    when Mr. Moyers interviewed Charles Lewis, the head of CPI. The
    Justice Department did not dispute the authenticity of the draft,
    although it denied that Rep. Hastert or Vice-Pres. Cheney had been
    sent the document.

    The proposed law would radically expand law enforcement and
    intelligence gathering authority; reduce or eliminate judicial
    oversight over certain surveillance; authorize secret arrests,
    detentions, and grand jury subpoenas; create a DNA database of
    individuals who are suspected of association with terrorism or
    terrorist groups; create new death penalty provisions; and empower
    the government to remove American citizenship from persons who
    belong to or support disfavored political groups.

    Some highlights of the proposed act:

    Increases secret surveillance. The proposed act would create broad
    new powers of surveillance by the Administration, broadening the
    definitions of who can be secretly watched, the certification that
    the Administration must make to receive a warrant, and the
    circumstances in which the Administration can conduct surveillance
    without a warrant. It would terminate or alter consent decrees set
    up to curb illegal surveillance by local law enforcement
    authorities.

    Increases control over immigrants. The proposed act would expand
    the control of the Justice Department over immigration matters,
    including expedited deportation. It would criminalize many
    regulatory violations and remove judicial discretion from some
    immigration rulings.

    Establishes new crimes, criminal procedures, and sanctions. The
    proposed act would create new crimes, criminal procedures, and
    punishments relating to non-violent activities that could be linked
    to terrorism or groups deemed to be "terrorist groups" by the
    Administration. It would give the Justice Department new powers
    concerning certification of evidence, submission of secret evidence,
    and mandatory pretrial detention. It would permit surveillance of
    the content of home computers and multi-use handheld devices, and
    would permit surveillance of banking and credit accounts. It would
    expand the Justice Department's subpoena power to include
    "administrative subpoenas," issued without judicial oversight. It
    would increase the government's control over banking activities and
    further enhance money laundering provisions. It would make even
    standard encryption of Internet and e-mail messages an enhancement
    to other felonies.

    Names new death penalty crimes. The proposed law would provide for
    imposition of the death penalty for certain terrorism-related
    crimes.

    Grants right to autopsy. The proposed act would give federal
    officials power to order an autopsy without permission during a
    federal criminal investigation if the death occurred from terrorist
    attack or "other deadly crimes."

    Decreases access to public information. The proposed act would
    restrict public Freedom of Information Act (FOIA) access to public
    information about those detained during terrorism investigations. It
    would restrict available public information about potential
    pollution by private chemical businesses, curtailing environmental
    and local government oversight. The proposed act would also prohibit
    disclosure of information by witnesses and others subpoenaed in
    terrorism cases, transforming these investigations from public to
    secret.

    Establishes a new terrorist-related DNA database. The proposed act
    would create a DNA database under Justice Department control. Anyone
    the Administration suspects of association with terrorism would be
    forced to contribute DNA samples. Any "reasonably necessary" means
    could be used to get the samples, and failure to comply would bear
    criminal penalties. The DNA database information could be shared
    with state and local law enforcement agencies.

    Alters procedure for taking away U.S. citizenship. The proposed act
    would allow the government to strip a citizen of his or her
    citizenship by government inference of intent to relinquish
    citizenship, inference rising from behavior including fighting with
    a hostile foreign government or terrorist organization, or even
    engaging in lawful activities of a group designated as a "terrorist
    organization" by the Attorney General.

    Allows extradition without treaty and expanded deportation. The
    proposed act would permit extradition of individuals to countries
    with whom the U.S. has no extradition treaty. It would permit
    deportation to any location deemed acceptable by the Attorney
    General if deportation to the country of origin is "impracticable,
    inadvisable, or impossible," even if the destination's government is
    not recognized by the U.S. or it has no government at all.

    The proposed act is laced with interactions between federal law
    enforcement activities and foreign intelligence activities. It would
    further intermingle traditionally separated federal, state, and
    local law enforcement agencies. The proposed act completely
    by-passes the Homeland Security Department, new home to the
    Immigration and Naturalization Service (INS) and numerous crime and
    foreign intelligence operations. In addition, the provisions of this
    proposed act would represent a fundamental change from the
    Constitutional framework of separation of powers of the branches of
    government, to delegating power to the Administration without
    oversight or accountability. It would further decrease information
    about government functions to the public. The proposed act would
    remove numerous protective walls between government agencies,
    erected by statute and regulation to correct past abuses.

    -- 
    ********************************************************************
    Amara Graps, PhD          email: amara@amara.com
    Computational Physics     vita:  ftp://ftp.amara.com/pub/resume.txt
    Multiplex Answers         URL:   http://www.amara.com/
    ********************************************************************
    "Why waste time learning, when ignorance is instantaneous?" --Calvin
    


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