SCN: [Fwd: FC: Anti-terrorism bill's "expiration date" may not mean much]

[sharma at blarg.net]

What I most feared has come to pass.  We were forever changed by
9-11, now the terrorists have won in destroying democracy....


-------- Original Message --------
Subject: FC: Anti-terrorism bill's "expiration date" may not mean
much
Date: Fri, 26 Oct 2001 08:33:14 -0400
From: Declan McCullagh <declan at well.com>
Reply-To: declan at well.com
To: politech at politechbot.com

Text of USA Act, which President Bush will sign today:
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162:

Background:
http://www.wartimeliberty.com/search.pl?topic=legislation

---

http://www.wired.com/news/conflict/0,2100,47901,00.html
   
   Terror Bill Has Lasting Effects
   By Declan McCullagh (declan at wired.com)
   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.

   [...]
   
   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" indefinitely. (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 investigation 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 Internet-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 range 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)



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