-Caveat Lector-
From
http://www.wired.com/news/conflict/0,2100,47901,00.html
>>>You know ... it's bad enough that the State couldn't do it's job
to begin with, the job it's paid to do, and now they pass new laws
(encumbering the bureaucracy even further) so they can't do it even
worse. A<>E<>R <<<
}}}>Begin
Terror Act Has Lasting Effects
By Declan McCullagh
2:00 a.m. Oct. 26, 2001 PDT
WASHINGTON -- Legislators who sent a sweeping anti-terrorism bill to
President Bush this week proudly say that the most controversial
surveillance sections will expire in 2005.
Senate Judiciary chairman Patrick Leahy (D-Vermont) said that a four-
year expiration date "will be crucial in making sure that these new
law enforcement powers are not abused." In the House, Bob Barr (R-
Georgia) stressed that "we take very seriously the sunset provisions
in this bill."
But the Dec. 2005 expiration date embedded in the USA Act -- which
the Senate approved 98 to 1 on Thursday -- applies only to a tiny
part of the mammoth bill.
After the president signs the measure on Friday, police will have the
permanent ability to conduct Internet surveillance without a court
order in some circumstances, secretly search homes and offices
without notifying the owner, and share confidential grand jury
information with the CIA.
Also exempt from the expiration date are investigations underway by Dec. 2005, and any
future investigations of crimes that took place before that date.
On Thursday, Attorney General John Ashcroft vowed to publish new guidelines as soon as
the president signs the bill, which is expected to happen Friday. "I will issue
directives requiring law enforcement to make use of ne
w powers in intelligence gathering, criminal procedure and immigration violations,"
Ashcroft said.
President Bush said this week that he looks forward to signing the USA Act, which his
administration requested in response to the Sep. 11 hijackings, "so that we can combat
terrorism and prevent future attacks."
During the Senate debate Thursday, the lone critic of the bill was Russ Feingold
(D-Wisconsin), who introduced an unsuccessful series of pro-privacy amendments earlier
this month.
"We in this body have a duty to analyze, to test, to weigh new laws that the zealous
and often sincere advocates of security would suggest to us," Feingold said. "This is
what I have tried to do with this anti-terrorism b
ill. And that is why I will vote against this bill."
Feingold said the USA Act "does not strike the right balance between empowering law
enforcement and protecting constitutional freedoms."
But not one of his colleagues joined him in dissent. Sen. Chuck Schumer (D-New York)
seemed to speak for the rest of the Senate when saying "the homefront is a war front"
and arguing that police needed new surveillance po
wers.
Sen. Mary Landrieu (D-Louisiana) did not vote.
Other sections of the USA Act, which the House approved by a 357 to 66 vote on
Wednesday, that do not expire include the following:
Police can sneak into someone's house or office, search the contents, and leave
without ever telling the owner. This would be supervised by a court, and the
notification of the surreptitious search "may be delayed" indefi
nitely. (Section 213)
Any U.S. attorney or state attorney general can order the installation of the FBI's
Carnivore surveillance system and record addresses of Web pages visited and e-mail
correspondents -- without going to a judge. Previously
, there were stiffer legal restrictions on Carnivore and other Internet surveillance
techniques. (Section 216)
Any American "with intent to defraud" who scans in an image of a foreign currency note
or e-mails or transmits such an image will go to jail for up to 20 years. (Section 375)
An accused terrorist who is a foreign citizen and who cannot be deported can be held
for an unspecified series of "periods of up to six months" with the attorney general's
approval. (Section 412)
Biometric technology, such as fingerprint readers or iris scanners, will become part
of an "integrated entry and exit data system" with the identities of visa holders who
hope to enter the U.S. (Section 414)
Any Internet provider or telephone company must turn over customer information,
including phone numbers called -- no court order required -- if the FBI claims the
"records sought are relevant to an authorized investigatio
n to protect against international terrorism." The company contacted may not "disclose
to any person" that the FBI is doing an investigation. (Section 505)
Credit reporting firms like Equifax must disclose to the FBI any information that
agents request in connection with a terrorist investigation -- without police needing
to seek a court order first. Current law permits this
only in espionage cases. (Section 505)
The current definition of terrorism is radically expanded to include biochemical
attacks and computer hacking. Some current computer crimes -- such as hacking a U.S.
government system or breaking into and damaging any Int
ernet-connected computer -- are covered. (Section 808)
A new crime of "cyberterrorism" is added, which covers hacking attempts causing damage
"aggregating at least $5,000 in value" in one year, any damage to medical equipment or
"physical injury to any person." Prison terms r
ange between five and 20 years. (Section 814)
New computer forensics labs will be created to inspect "seized or intercepted computer
evidence relating to criminal activity (including cyberterrorism)" and to train
federal agents. (Section 816)
Related Wired Links:
Dems Ready Bioterrorism Bill
Oct. 26, 2001
USA Act Stampedes Through
Oct. 25, 2001
Governor Calls for 'Cyber Court'
Oct. 18, 2001
Senator Backs Off Backdoors
Oct. 17, 2001
House Endorses Snoop Bill
Oct. 13, 2001
Terror Bill Clears Senate
Oct. 12, 2001
Terror Bill Limits Gambling, Too
Oct. 12, 2001
FBI Warns of 'Skyfall' Attack
Oct. 11, 2001
A Senator's Lonely Privacy Fight
Oct. 11, 2001
Snoop Bill Heads to Final Vote
Oct. 10, 2001
New Weapons for a New War
Oct. 9, 2001
Copyright
� 1994-2001 Wired Digital Inc. All rights reserved.
End<{{{
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