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From: "Corn-Revere, Robert L." <[EMAIL PROTECTED]>
To: "Declan McCullagh (E-mail)" <[EMAIL PROTECTED]>
Subject: Freedom v. Fear
Date: Thu, 3 Jan 2002 10:36:24 -0500

http://www5.law.com/lawcom/displayid.cfm?statename=DC&docnum=102784&table=news&flag=full

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    By Robert Corn-Revere
    Legal Times

    The war against terrorism is a war to preserve freedom, we are told.
    The president explained that the terrorists "hate us for our freedoms
    -- our freedom of religion, our freedom of speech, our freedom to vote
    and assemble and disagree with each other."

    But even as he spoke, the Federal Bureau of Investigation was rounding
    up an undisclosed number of people for indeterminate periods of
    detention, and the attorney general has refused to release any
    substantive information on the practices. In defending these and other
    actions before the Senate Judiciary Committee on Dec. 6, Attorney
    General John Ashcroft claimed that those who ask whether we are
    sacrificing too much freedom "only aid terrorists, for they erode our
    national unity and diminish our resolve."

    If irony is not dead, it surely is on life support.

    In a two-week period in October, the Justice Department announced a
    policy authorizing the interception of attorney-client conversations
    with detainees, a program of profiling and interviewing thousands of
    Arab men, and the creation of secret military tribunals to try
    immigrants and other foreigners suspected of terrorism.

    More significant than these executive actions was Congress' passage of
    the anti-terrorism bill -- the USA Patriot Act -- signed by President
    George W. Bush on Oct. 26. While some parts of the act provided needed
    adjustments to the law, its far-reaching provisions affect the rights
    of all citizens, and not just terrorism suspects. For example, the act
    minimizes judicial supervision of telephone and Internet surveillance,
    expands the government's ability to conduct secret searches, and gives
    the attorney general and the secretary of state the power to designate
    domestic groups as "terrorist organizations." The law also gives the
    FBI broad access to sensitive medical, financial, mental health, and
    educational records about individuals without having to show evidence
    of a crime and without a court order.

    [...]




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