[MAPC-policy] Anti-Terrorism Legislation

[MAPC-policy] Anti-Terrorism Legislation

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2001-10-13

The House of Representatives is scheduled to consider its
anti- terrorism bill, the PATRIOT Act (H.R. 2975), today.
[which was Friday - Baldwin voted against it]


EPIC Volume 8.20
October 12, 2001

Published by the Electronic Privacy
Information Center (EPIC) Washington, D.C.

Senate Approves Broad Anti-Terrorism Legislation

The U.S. Senate approved far-reaching anti-terrorism legislation late last
night, rejecting efforts to limit the measure's impact on the privacy and
civil liberties of American citizens.  The Uniting and Strengthening America
Act (S. 1510) was the product of negotiations between the Justice Department
and the Senate leadership. In an unusual departure from normal legislative
procedure, the bill was sent directly to the full Senate without any debate
or consideration by the Senate Judiciary Committee.  Sen. Russell Feingold
(D-WI) and other colleagues, including Paul Wellstone (D-MI) and Maria
Cantwell (D-WA), unsuccessfully attempted to have the Senate vote on three
amendments designed to minimize the impact on civil liberties.  "What have
we come to when we don't have either committee or Senate deliberation or
amendments on an issue of this importance?" Feingold asked.  "Each of us
cares as much as anyone in this room about the fight against terrorism, but
we want to make sure we don't go beyond that goal and intrude on our civil
liberties."  The unamended bill was approved by a 96-to-1 vote, with
Feingold dissenting.

The Senate bill contains most of the controversial provisions contained in
the initial Justice Department anti-terrorism proposal, including:

- Expansion of "pen register" authority to Internet communications,
permitting law enforcement monitoring of "routing" and "addressing"
information upon a mere showing of "relevance" to an investigation with
virtually no judicial oversight.  This new authority will likely increase
use of the FBI's Carnivore system.

- Authorization of "roving wiretaps" for intelligence surveillance, allowing
the issuance of "generic" court orders that could be served on any
communications facility (including universities and public libraries) that a
surveillance target might use.

- Approval of government monitoring (without judicial authorization) of the
communications of "computer trespassers," even in some circumstances where
the affected user has permission to use the computer system.

-  Authorization of searches without notification to the targeted individual
("secret searches"), in effect allowing police break-ins to private homes
and offices.

- Relaxation of existing limitations on the sharing of surveillance and
other information between law enforcement and intelligence agencies,
removing long- standing protections designed to prevent government
investigative abuses.

The House of Representatives is scheduled to consider its anti- terrorism
bill, the PATRIOT Act (H.R. 2975), today. That measure was approved by the
House Judiciary Committee after deliberations that marginally limited some
of the most expansive powers contained in the Justice Department proposal.
The House bill, for instance, does not contain a "secret search" provision.
Significantly, it contains a "sunset" clause that would terminate new
surveillance authorities in two years unless they are reauthorized by
Congress.  The administration is attempting to have the House consider the
Senate bill in lieu of the legislation drafted by the House Judiciary
Committee.

The Senate anti-terrorism bill (S. 1510) is available at:

http://www.epic.org/privacy/terrorism/s1510.html

The House anti-terrorism bill (H.R. 2975) (PDF) is
available at:

http://www.house.gov/judiciary/hr2975terrorismbill.pdf

EPIC's analysis of the original Justice Department
proposal (the Anti-Terrorism Act of 2001) is available
at:

http://www.epic.org/privacy/terrorism/ATA_analysis.html


____________________________________________
East Timor Action Network field organizer   ETAN field office
Social Justice Center
office 608-663-5431                         1202 Williamson St
cell 608-347-4598                           Madison, WI 53703
home 608-255-4598                           fax 608-227-0141

Check out these internet sites!
the East Timor Action Network/US http://www.etan.org
Madison, WI - East Timor projects http://www.aideasttimor.org
Madison's Social Justice Center http://www.socialjusticecenter.org

"Independence is not about having a flag, a president, a parliament, a
government. Independence must imply, year by year, gradual change in the
life of the entire population of Timor Lorosa'e. If we fail to effect
change in the daily life of the people, independence will be a meaningless
concept, all our sacrifices throughout the years of the struggle will be in
vain. And not one of us will allow this to occur."
-Kay Rala Xanana Gusmão

Saturday, October 13, 2001 7:09 PM

[MAPC-policy] Anti-Terrorism Legislation