(no subject)

[arethinn]

by James W. Harris
Secretly-Drafted Anti-Terrorist Bill Threatens Liberty

The USA Patriot Act, rammed through Congress after the September 11 terror bombings, was a horrendous assault on civil liberties. U.S. Congressman Ron Paul [a Republican by the way!- aracos] denounced it as "undermining the Constitution."

But that wasn't enough for the Bush Administration's Justice Department, which for several months has been secretly preparing a sequel bill, the "Domestic Security Enhancement Act" to go even beyond the Patriot Act in infringing on liberty.

Information about this proposed bill -- which opponents have dubbed "Patriot Act II" has now leaked out, and copies have been obtained and posted online.

It is a massive bill that proposes to give the federal government broad, sweeping new powers to increase domestic spying, further restrict privacy, further remove citizen protection from government abuses, and even in some circumstances deprive Americans of their U.S. citizenship. It intrudes on such fundamental freedoms as free speech, privacy, freedom of association and religion.

Some specifics:

* It gives the President the unprecedented power to strip Americans of their citizenship if they are found to have "supported" groups deemed "terrorist" or subversive by the Administration -- even if they know nothing about any alleged links to terrorism. Give a few bucks to a charity you didn't realize Ashcroft has declared subversive, and you can find yourself a person without a country. Once stripped of citizenship, these ex-Americans will have no constitutional rights.

* It expands still further wiretapping authority, while reducing -- or eliminate altogether in some cases -- judicial oversight over surveillance.

* It revives elements of the widely-denounced "Operation TIPS" neighbor-against-neighbor spy program.

* It forces innocent Americans (arrested on mere suspicion) to contribute to a federal DNA database without court order and without consent.

* It authorize secret arrests of suspected terrorists.

* It allows government agents to see citizens' credit reports without getting a court order.

That's the tip of a very big iceberg. In addition, the ACLU has denounced the draft bill because it would:

* Make it easier for the government to initiate surveillance and wiretapping of U.S. citizens under the shadowy, top-secret Foreign Intelligence Surveillance Court. (Sections 101, 102 and 107)

* Shelter federal agents engaged in illegal surveillance without a court order from criminal prosecution if they are following orders of high Executive Branch officials. (Section 106)

* Authorize, in statute, the Department of Justice's campaign of secret detentions by including a provision that would preempt federal litigation challenging non-disclosure of basic information about detainees. (Section 201)

* Harm Americans' ability to receive a fair trial by limiting defense attorneys from challenging the use of secret evidence. (Section 204)

* Permit, without any connection to anti-terrorism efforts, sensitive personal information about U.S. citizens to be shared with local and state law enforcement. (Section 311)

* Terminate court-approved limits on police spying, which were initially put in place to prevent McCarthy-style law enforcement persecution based on political or religious affiliation. (Section 312)

* Provide an incentive for neighbor to spy on neighbor and pose problems similar to those inherent in Attorney General Ashcroft's "Operation TIPS" by granting blanket immunity to businesses that phone in false terrorism tips, even if their actions are taken with reckless disregard for the truth. (Section 313)

* Provide for summary deportations without evidence of crime or criminal intent, even of lawful permanent residents, whom the Attorney General says are a threat to national security. (Section 503)

* Abolish fair hearings for lawful permanent residents convicted of criminal offenses through an "expedited removal" procedure, and prevent any court from questioning the government's unlawful actions by explicitly exempting these cases from habeas corpus. Congress has not exempted any person from habeas corpus -- a protection guaranteed by the Constitution -- since the Civil War. (Section 504)

There's more. The ACLU has provided a summary and a section-by-section analysis of the whole sorry mess at the URL below.

(Source: ACLU:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11817&c=206&Type=s )

The ACLU has created a Web page that allows you to send a free pre-written (but customizable) FAX to your Congressman about this -- in only seconds. To send a free fax, visit:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11904&c=206