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THE PATRIOT ACT II: TERRORIZING THE AMERICAN PEOPLE PAGE TWO

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    A SECTION-BY-SECTION ANALYSIS OF TROUBLESOME PROVISIONS

    Treating GOA Like a Foreign Terrorist Nation for the Purpose of Searches, Bugs, and Wiretaps: Section 101 would allow individual "terrorists" to be classified as "foreign powers." A person engages in "international terrorism" if he engages in an illegal activity "dangerous to human life" to "influence the policy of a government," provided that a single letter crossed foreign boundaries in connection with the "terrorist's" activities.

    It is fairly clear, for example, that the Clinton administration would have classified Operation Rescue organizers as "terrorists" had it had the legal capacity to do so. Once an individual is classified as a "foreign power," this would, for example, allow virtually unlimited secret wiretapping and searches of that person under the Foreign Intelligence Surveillance Act (FISA).

    And, under section 104, the government could conduct electronic surveillance for up to a year without the approval of any court at all. GOA would have also been vulnerable under these definitions.

    Treating the "Agents" of Gun Groups Like North Korea for the Purpose of Searches, Bugs, and Wiretaps: Having defined "foreign power" to include individuals who engage in civil disobedience, section 102 would allow an individual who engages in "clandestine [i.e., non-public] intelligence gathering activities [for] a foreign power" to be classified as "an agent of a foreign power," irrespective of whether such activities are unlawful under U.S. law.

    15-Day Authorization for Wiretapping, Bugging, or Search of any American at any Time when Congress Has Authorized the Use of Force: Section 103 would allow electronic surveillance, physical searches, and the use of pen registers for up to 15 days without any court approval -- even approval of the secret FISA [Foreign Intelligence Surveillance Act] court -- at any time Congress has authorized the use of military force. In other words, the government could, under current circumstances, bug your house, tap your phone, and search your home or person for 15 days without a court order.

    Establishment of Virtually Unlimited Warrantless Electronic Surveillance Against GOA: Section 104 would allow one year of electronic surveillance of spoken communications of "foreign powers" without any court's approval. This would not be as serious if sections 101 and 111 did not extend the definition of "foreign power" to domestic organizations and individuals who engage in or who advocate (1) civil disobedience, or (2) the use of the Second Amendment as a check on despotism.

    Use of the Product of Secret or Warrantless Searches in Criminal Prosecutions: Section 105 would allow information obtained without procedural protections and ostensibly for foreign intelligence purposes to be used to prosecute individuals if the AG, the Deputy AG, an Associate AG, or an Assistant AG approved. This makes a huge end run around the Fourth Amendment protection against warrantless searches and seizures.

    Authorization of Unconstitutional Searches: Section 106 would create a defense for a federal agent conducting an illegal search not authorized by any court -- no matter how unlawful or unconstitutional -- if the search was in connection with an investigation authorized by the president or Attorney General. Given that massive expansion of secret and warrantless searches under DSEA, this "just-following-orders" provision appears to remove any impediment at all to the most egregious violations of constitutionally protected privacy rights.

    Expansion of Pen Register Authority: In 2001, the Justice Department argued for a very broad ability to monitor the phone calls of non-citizens whenever necessary "to obtain foreign intelligence information" -- without the approval of any court, including the FISA "secret court." Section 107 of the new legislation would extend this power to U.S. citizens.

    Expanded Sanction Ability of FISA Court: Section 109 would explicitly give the secret FISA court the ability to sanction individuals in any way a regular court can sanction them, including, for example, contempt of court. The difference is that individuals have no right to appear before the FISA court, to be represented before it, or to contest its judgments.

    Removal of Sunset Provision: Section 110 would, in the guise of making a "technical correction," remove the sunset from provisions allowing the broad use of pen register and trap and trace devices.

    Treatment of GOA as a "Foreign Power": Section 111 would allow "international terrorist organizations" to be treated like foreign powers under a broader range of circumstances than allowed by current law. The government could, for example, conduct electronic surveillance or searches for up to a year without any court's approval. This section also insures that an "international terrorist organization" cannot be classified as a "United States person," thereby affording it protections from many of FISA's more onerous impositions.

    Applicability of Electronic Surveillance Provisions of Title 18 to GOA: Section 121 would expand the circumstances under which electronic surveillance could be conducted. It would insert the broad definition of "terrorist activities" in the electronic surveillance provisions of Title 18 and would explicitly state that electronic surveillance could be conducted in connection with any of these activities. In particular, "terrorist activities" would include all of the overbroad definition of "international terrorism," plus "related preparatory, material support, and criminal activities."

    Warrantless Electronic Surveillance: Section 122 would explicitly add to the ability of the Justice Department to conduct electronic surveillance without the approval of any court. Specifically, it would add four sections as "surveillance predicates." One of these predicates -- 18 U.S.C. 930(c) (attempting to kill someone with a firearm on a federal facility) -- could be applicable in cases where a hunter on BLM land and on a federal installation uses a firearm for self-defense, but does not fall within the formal strictures of the common law defense.

    Extension of Time Periods for Electronic Surveillance: In the case of individuals determined by the government to be engaged in "terrorist activities," section 123 would:

    extend the normal time for the investigation from 30 to 90 days; eliminate the ten-day requirement for periodic reports to judges while electronic surveillance is ongoing, allowing courts to require them at no shorter intervals than 30 days; delay the requirement of notifying the subject that his personal electronic communications were accessed in cases where the Justice Department determines that national security would be endangered;

    extend the normal duration of pen registers and trap and trace devices from 60 to 120 days.

    Implied Authority to Search Databases: Section 124 would provide that an order to engage in electronic surveillance is an implicit authorization to intercept any of a device's functions. Thus, an order authorizing interception of transmissions from a Palm Pilot would automatically authorize seizure of all of the information stored in the Palm Pilot. An order authorizing interception of e-mails would be taken to authorize access to all information stored in the computer.

    Nationwide Judge-Shopping for Search Warrants: Section 125 would allow "nationwide search warrants" -- thereby allowing nationwide judge-shopping, even in districts which have little relationship to the purported crime -- in a broader range of circumstances. In particular, "computer crimes" would be subject to nationwide search warrants.

    Warrantless Seizure of Personal Information: Section 126 would allow law enforcement personnel to obtain a person's credit report without a warrant by simply certifying that they will use it "only in connection with their duties to enforce federal law." It would be a crime to notify a consumer that his credit report had been accessed.

    Authorization of Field Autopsies, Even when Contrary to Religious Beliefs: Section 127 would allow the autopsy of bodies outside U.S. jurisdiction, even in cases, such as Orthodox Jews, where religious beliefs prohibit the practice.

    Warrantless "Administrative Subpoenas": Section 128 would broadly authorize the issuance of "administrative subpoenas" (i.e., subpoenas issued by bureaucrats without the approval of any court) in the case of "domestic or international terrorism" investigations.

    Expansion of Current Warrantless "Administrative Subpoena" Authority: Section 129 would amend the provisions of federal law currently authorizing "administrative subpoena"-type demands in limited circumstances. It would expand the scope of current non-judicial information demands to cover "domestic," in addition to "international" terrorism. It would also create a procedure for judicial enforcement in the case of non-compliance and would establish a prison sentence of up to five years. The loosely defined "domestic terrorism" provision opens the door to broad investigations and warrantless searches of domestic organizations, particularly militia-type Second Amendment groups.

    Secret Arrests: Under section 201, once a person was arrested pursuant to broadened authorities, the law would prohibit Freedom of Information Act lawsuits to obtain information about those persons in custody.

    Gag Order on Public Disclosure of Worst-Case Scenarios: Section 202 would prohibit the release of "worst case scenario" reports required to be prepared by facilities handling dangerous chemicals. The reports would be available only in "read-only" form -- and only to persons living or working in the affected area.

    Concealment of Information Relating to the Capitol Complex: Section 203 would exempt OSHA-type information relating to the Capitol complex from the Freedom of Information Act. Once dubbed "the people's house," this is one more admittedly small step toward turning the Capitol into a fortress.

    Requirement that Classified Information Procedures Act Hearings Be Conducted in Secret: Section 204 would allow the government to require courts to conduct Classified Information Procedures Act procedures ex parte (i.e., without the presence of any party, other than the government).

    Extension of Grand Jury Secrecy Rules to All Cases: Section 206 would impose grand jury-type secrecy requirements on a broad range of persons receiving subpoenas. Secrecy requirements would apply in any case where there was a possibility of flight, destruction of documents, evidence-tampering, "or other serious jeopardy to an investigation," whether or not in connection with a terrorism case.

    DNA Database: Section 302 would allow a DNA database of "suspected" terrorists -- with the federal government exercising unfettered discretion over who is a "suspected" terrorist. A "suspected terrorist" would be any person "as to whom [sic] the Attorney General... has determined that there is reason to believe [has violated the loosely defined statutes discussed above]."

    Thus, it would not seem to be a defense that there is no reason to believe the subject is a terrorist, so long as the AG has determined there is reason to believe. Section 306 would make it clear that this extends to "suspected terrorists" on conditional release, parole, probation, or any other kind of federal supervision. Section 303 would allow the attorney general to establish DNA databases for suspected terrorists. Section 304 contains definitions, and section 305 states that this provision will not be taken to diminish any authority currently available for collecting DNA samples.

    Distribution of Private Financial Data: Section 311 would drop restrictions on sharing federal-government-held information concerning credit history and educational records with states and localities.

    Invalidation of Surveillance Consent Decrees: Section 312 would overturn judicial consent agreements that the New York City Police Department and other law enforcement agencies entered with respect to surveillance of individuals and organizations that "may" be engaged in criminal wrongdoing.

    Squeal Rule: Section 313 would allow businesses the virtually unlimited ability to turn over private information to the government without civil liability, based on their assessment that the information "may assist" a terrorist inquiry.

    Search Warrants on Behalf of Foreign Governments: Section 321 would explicitly allow the government to obtain search warrants and pen/trap register requests on behalf of foreign governments, irrespective of whether the U.S. has entered a treaty with the country authorizing this practice.

    Extradition for Crimes Not Contained in Extradition Treaties: In the name of curing anachronistic treaties, section 322 would open the doors on the types of crimes for which Americans could be extradited to Third World countries. An individual could be extradited for any crime carrying a penalty in excess of ten years under a politically correct regulatory statute enacted by Congress or by the state where the person is found.

    Regulation of the Internet: Section 401 would criminalize and create a cause of action against a person who "knowingly convey[s] false or misleading information, where the information reasonably may be believed, [if the information concerns] criminal activity relating to weapons of mass destruction...." Several observations with respect to persons -- particularly conspiracy theorists -- wishing to conduct discussions of terrorism on the internet: (1) Under decisions going back to the 1930's, the word "knowingly" can be interpreted to include willful ignorance, gross recklessness, and other states of mind not requiring objective knowledge. It can also be taken

    NOTE! After reading and learning the American Pie Bible study project I suggest that you read and learn the following Bible study projects, and learn them in the order that they are listed. The links to them are immediatly below. If you don't study them in the order that they are listed, you may become confused.

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    THE NAKED ONE-EYED MESSIAH-THE DARK MESSIAH
      The Days of the Son-of-Man, The Armies of God and UFO's