Anti-Terrorism Law Passed 777
Saratoga C++ writes: "Today (Oct 25) was the day that the US Senate voted on if to pass H.R. 3162, the anti-terrorism law. I have the roll call for today from the Senate. The only person with a "Nay" vote was Russ Feingold (D-WI). Thanks Russ. The final turn out was Yes: 98, No: 1, No Vote: 1."
Re:Did the time limit make it in? (Score:2, Informative)
FBI already planning to go beyond... (Score:2, Informative)
Unfortunately, I only have a link to the FoxNews site, so excuse the decided lean to the right: FBI to Broaden Web Wiretapping [foxnews.com].
This has been mentioned before, possibly even on slashdot, but it is probably worth repeating. Various comments from people who know suggest that the FBI will probably break the internet in trying to funnel it all through their Carnivore++ setup. If this really comes to pass.
Reading further down in the article, it would seem that the FBI is really just going to lean on AOL, earthlink, yahoo, hotmail/MS, etc to make sure it has unbridled access to email, but who knows for now. In the end, I'm sure it will all work out for the, um, best.
Re:Did the time limit make it in? (Score:2, Informative)
-- Live Free Or Die (State Motto of New Hampshire)
Re:Did the time limit make it in? (Score:3, Informative)
full list of provisions (Score:5, Informative)
There's a lot of them. heck.
-
Extends electronic surveillance periods to 120 days from 90 days and for searches to 90 days from 45 days.
- Creates two new crimes prohibiting certain persons from possessing a listed biological agent or toxin and prohibiting all persons from possessing a biological agent, toxin or delivery system of a type or in a quantity that is not reasonably justified by a peaceful purpose
- Limits delay of search warrants when this authority would result in flight or property seizure
- Requires a court application to obtain student records
- Grants authority to the president to restrict exports of agricultural products, medicine or medical devices to the Taliban or the territory of Afghanistan controlled by the Taliban
- Increases to seven days the length of time an alien may be held before being charged with criminal or immigration violations
- Defines terrorist activities but makes exceptions for people who have innocent contacts to non-certified terrorist organizations
- Enhances the secretary of state's existing power to certify groups as terrorist organizations
- Enhances data-sharing between the FBI and the State Department/INS and between the State Department and foreign governments
- Clarifies CIA director's role to set overall strategy for collection of information through court?ordered FISA surveillance, but no operational authority
- Increases CIA authority to investigate "international terrorist activities"
- Encourages CIA to recruit informants to fight terrorism
- Requires attorney general to develop guidelines for disclosing to the CIA foreign intelligence information obtained in criminal investigations
- Requires the attorney general and CIA to provide training to federal, state and local government officials to identify foreign intelligence information
- Sunsets electronic surveillance laws after two years with the authority for the president to renew in two more years
- Limits the use of Foreign Intelligence Service Act court orders to investigations of international terrorism or clandestine intelligence activities
- Requires investigations of U.S. persons be based on more than just First Amendment activities.
- Allows roving wiretap authority on electronic equipment, including cell phones
- Allows pen registers/trap and trace on particular phone numbers but restricts content collection
- Increases the number of FISA judges from seven to 11
- Expedites the hiring of translators for the FBI
- Allows seizure of voice mail messages
- Does not allow the use of information collected on Americans by foreign governments when that information was collected in violation of the U.S. Constitution
- Authorizes nationwide service of subpoenas for electronic subscriber information
- Expands list of items subject to subpoena to include the means and source of payment for electronic subscriber information
- Authorizes electronic communications service to disclose contents of and subscriber information in case of emergencies involving the immediate danger of death or serious physical injury
- Allows sharing of grand jury and wiretap information for official law enforcement duties
- Allows sharing grand jury and wiretap information that involves foreign intelligence and counterintelligence
- Does not allow disclosure of tax return information by Treasury to federal law enforcement and intelligence agencies in responding to terrorist incidents
- Triples the number of Border Patrol, Customs Service and INS inspectors at the northern border
- Authorizes $100 million to improve INS and Customs technology and additional equipment for monitoring the northern border
- Requires an integrated automated fingerprint identification system for points of entry and overseas consular posts
- Authorizes a counter-terrorism fund to reimburse the Department of Justice for any costs related to investigating and prosecuting terrorism
- Expedites disability and death payments to firefighters, law enforcement officers or emergency personnel involved in the prevention, investigation, rescue or recovery efforts related to any future terrorist attack
- Increases benefits program payments to public safety officers
- Coordinates secure information sharing among federal, state and local law enforcement agencies to investigate and prosecute terrorist conspiracies and activities
- Expands fraud and abuse laws to cover computers outside the U.S. used to affect interstate commerce or communications inside the U.S.
- Replenishes the Justice Department's antiterrorism emergency reserve with up to $50 million; authorizes private gift-giving to the fund; allows service providers to use reserve fund to expedite assistance to victims of domestic terrorism
- Creates a new criminal statute to punish for terrorist attacks and other acts of violence against mass transportation systems
- Creates a list of offenses that will carry an eight-year statute of limitations for prosecution except where they resulted in, or created a risk of, death or serious bodily injury
- Defines maximum penalties for terror-related activities where appropriate, including life imprisonment or supervision
- Adds conspiracy provisions to some criminal statutes and provides that the penalties for such conspiracies may not include death
- Adds certain terrorism-related crimes to RICO and money laundering rules
I hope that everyone feels safer nowRe:Question... (Score:2, Informative)
Re:Did the time limit make it in? (Score:5, Informative)
SEC. 224. SUNSET.
(a) IN GENERAL- Except as provided in subsection (b), this title and the amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall cease to have effect on December 31, 2005.
http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.31
In particular, there is this:IANAL, but I read this as 'Most of the stuff in this bill dies in 2006, unless it's actively being used at that time.'
The stuff that will not die includes:
- Authority to share criminal investigative information
- Employment of translators by the FBI
- Something about number of judges from somewhere being increased from 7 to 11 (no shit, read it yourself)
- what information can be reported about a suspect (I think, it's not clear)
- what agencies that information can be reported to
- THE DELAY OF WARRANT NOTIFICATION in the event it would cause 'adverse results'
- lots of stuff about wiretapping (section 216)
- single-jurisdiction search warrants for terrorism
- sanctions against the taliban (in particular! not just afghanistan in general) and Syria
- the assurance of compensation for compliance with federal officials
The warrant notice scares me the most. Does that mean that I can be arrested and then not be presented with a warrant, or that my house could be searched and I could not be presented with a warrant?Looks like four years... (Score:2, Informative)
This looks like the right text [loc.gov]...
Or, for the link wary... http://thomas.loc.gov/cgi-bin/query/D?c107:1:./te
Re:Question... (Score:2, Informative)
yet.........
there is always reason to worry. The day you stop worrying is the day find those shackles on your feet and arms. ALWAYS worry about your freedom cause no one else will.
Re:Did the time limit make it in? (Score:2, Informative)
The warrant notice scares me the most. Does that mean that I can be arrested and then not be presented with a warrant, or that my house could be searched and I could not be presented with a warrant?
from thomas.loc.gov -> HR 3162:
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `In addition'; and
(2) by adding at the end the following:
`(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if--
`(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);
`(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and
`(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.
from U.S. Code at cornell's Legal information institute:
t18 s2705:
(2) An adverse result for the purposes of paragraph (1) of this subsection is -
(A) endangering the life or physical safety of an individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
so... what, if they believe you'll destroy the evidence they don't have to serve you with the warrant when they search your house?
[IANAL] i guess it's better to not have the warrant served than to lower the standard from probable cause to reasonable doubt, as they did with auto searches. perhaps it's still a deal with the devil, but this, i think, is at least a better balance: police have to have the same standard of proof that they do now, but they can phone a judge and get a phone-warrant and search immediately if there is a risk of flight. if they don't have probable cause, they don't get to search. if they have probable cause, they don't have to have the paper right there.
Re:Great. Just $#@!ing Great. (Score:3, Informative)
We're DOOOOOOOOOOOOMED!
Note the added vowels and exclamations for emphasis
Re:Question... (Score:2, Informative)
Hitler was not elected, though it is a common misconception. The executive in Germany under the Weimar Republic was split between President (Paul von Hindenburg in its later years) and Chancellor. Neither was directly elected, and the President simply appointed the Chancellor (his office was modeled after the Kaiser). The Nazis never--even in a mock election after banning left-wing parties--took over 40% of the vote.
So how did Hitler come to power? In the early 30's, Conservative politicians were worried about the rise of the Social Democratic Party (that's right, the party in power in Germany RIGHT NOW) and formed an alliance with Hitler's National Socialists, who were much more popular than the Conservatives. It was assumed that a Conservative such as Franz von Papen would be Chancellor. Hitler, however, demanded he be Chancellor for his support. The vast majority of the Cabinet were Conservatives, so they thought it wouldn't be too bad having a Nazi Chancellor. Hitler seized power after the Reichstag fire, when they voted him special "emergency powers"--getting us back to the importance of the bill just passed by Congress.
For more info on Germany in the 30s, get a book by Dietrich Orlow [barnesandnoble.com].