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LCHR Speaks Out Against PATRIOT II
April 21, 2003
Cory Smith, Legislative Counsel for the Lawyers Committee for Human Rights (LCHR), held a discussion on the Domestic Security Enhancement Act of 2003—dubbed “PATRIOT II”—at American University’s Washington College of Law. The draft proposal builds on the powers ceded to the federal government in the USA PATRIOT Act, passed in October 2001 in the wake of the September 11th attacks.
Cory Smith outlined three provisions of the Patriot II that would particularly threaten American civil rights and liberties that have already been significantly eroded since September 11th:
Terrorist DNA Database --PATRIOT II calls for the creation of a DNA database of suspected terrorists. DNA could be sampled at the discretion of the administration without a court order; refusal to comply would result in a misdemeanor criminal charge. Smith stressed that these requirements would apply to those merely suspected of terrorism and those deemed by the administration to have given aid, comfort, or assistance to suspected terrorists.
End Consent Decrees Prohibiting Police Spying --The draft legislation would virtually end all past and future consent decrees from police organizations across the United States. Consent decrees prevent law enforcement officials from spying on political and religious groups and organizations in the absence of suspiscion. Without them, the process is turned on its head, and could lead to unfettered spying to discover suspicious behavior. Instituted in the 1950’s and 1960’s to monitor suspected communists and the anti-war movement, police spying was officially restricted with consent decrees. The revocation of these consent decrees could could dramatically expand police powers and have a "chilling effect" on expressing one’s own religious or political beliefs.
Further Erosion of the Wall Between Foreign and Domestic Surveillance --The Foreign Intelligence Surveillance Act (FISA) established in 1978 was intended to separate the collection of foreign intelligence information from domestic law enforcement information. FISA was intended to target foreign agents and foreign powers in counterintelligence operations in the United States. Because these powers target foreign powers the FBI is exempt from traditional fourth amendment requirements applicable to criminal investigations. In 2001, the PATRIOT Act amended FISA and changed the FISA standard. Now the FBI could seek FISA warrants when the gathering of foreign intelligence was only a "significant" purpose and not the "primary" purpose of the warrant. After a court case in 2002 the scope of FISA was expanded even further. FISA warrants may now be issued if the "primary" purpose is the collection of domestic law enforcement information so long as those investigations had "some purpose" of gathering foreign intelligence information. This new standard allows more and more "U.S. persons" to be subject to FISA powers without the protections of the fourth amendment. Patriot II, says Smith, seeks to expand FISA powers even further by allowing individuals (including U.S. citizens and permanent residents) to be labeled a "foreign power" and expanding the range of circumstances in which the administration could sidestep judicial review in seeking FISA powers.
http://www.civilrights.org/issues/enforcement/details.cfm?id=12206
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