[iwar] [fc:Lawmakers.Put.Brakes.On.Expanded.E-surveillance]

From: Fred Cohen (fc@all.net)
Date: 2001-10-01 22:04:00


Return-Path: <sentto-279987-2572-1001999041-fc=all.net@returns.onelist.com>
Delivered-To: fc@all.net
Received: from 204.181.12.215 by localhost with POP3 (fetchmail-5.1.0) for fc@localhost (single-drop); Mon, 01 Oct 2001 22:05:12 -0700 (PDT)
Received: (qmail 13712 invoked by uid 510); 2 Oct 2001 05:04:09 -0000
Received: from n1.groups.yahoo.com (216.115.96.51) by 204.181.12.215 with SMTP; 2 Oct 2001 05:04:09 -0000
X-eGroups-Return: sentto-279987-2572-1001999041-fc=all.net@returns.onelist.com
Received: from [10.1.1.222] by n1.groups.yahoo.com with NNFMP; 02 Oct 2001 05:04:01 -0000
X-Sender: fc@big.all.net
X-Apparently-To: iwar@onelist.com
Received: (EGP: mail-7_4_1); 2 Oct 2001 05:04:00 -0000
Received: (qmail 16955 invoked from network); 2 Oct 2001 05:04:00 -0000
Received: from unknown (10.1.10.26) by 10.1.1.222 with QMQP; 2 Oct 2001 05:04:00 -0000
Received: from unknown (HELO big.all.net) (65.0.156.78) by mta1 with SMTP; 2 Oct 2001 05:04:00 -0000
Received: (from fc@localhost) by big.all.net (8.9.3/8.7.3) id WAA31535 for iwar@onelist.com; Mon, 1 Oct 2001 22:04:00 -0700
Message-Id: <200110020504.WAA31535@big.all.net>
To: iwar@onelist.com (Information Warfare Mailing List)
Organization: I'm not allowed to say
X-Mailer: don't even ask
X-Mailer: ELM [version 2.5 PL1]
From: Fred Cohen <fc@all.net>
Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com
Delivered-To: mailing list iwar@yahoogroups.com
Precedence: bulk
List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com>
Date: Mon, 1 Oct 2001 22:04:00 -0700 (PDT)
Reply-To: iwar@yahoogroups.com
Subject: [iwar] [fc:Lawmakers.Put.Brakes.On.Expanded.E-surveillance]
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit

Lawmakers Put Brakes On Expanded E-surveillance 
By John Lancaster, Washington Post, 10/1/2001
<a href="http://www.newsbytes.com/news/01/170665.html">http://www.newsbytes.com/news/01/170665.html>

In the days after Sept.  11, the Bush administration scrambled to write
a tough new anti-terrorism bill, with the public squarely on its side. 
Polls showed that Americans overwhelmingly favor stronger police powers,
even at the expense of personal freedom.  But Congress is gently
applying the brakes. 

Since its introduction a week after the attacks on the World Trade
Center and the Pentagon, the administration's anti-terrorism package has
run into strong bipartisan resistance, reflecting broad concern about
its implications for the Constitution as well as lawmakers' desire to
protect their role as a check on executive branch power. 

Many lawmakers fear that the bill grants too much clout to police
agencies, particularly in the realm of electronic surveillance.  They
are wary of lowering barriers to the sharing of information among law
enforcement and intelligence services.  They object to a provision that
would permit the indefinite jailing - without trial - of noncitizens
suspected of ties to terrorist groups. 

"My constituents certainly want to give government the tools that it
needs, but they are not willing to give government all the power that it
wants," said Rep.  Robert L.  Barr Jr., a former federal prosecutor and
a conservative Republican, in a telephone interview from his Georgia
district.  "They've seen these same provisions on government wish lists
several times in the past."

Lawmakers emphasize that they are eager to pass anti-terrorism
legislation - possibly within the next two weeks - and that they have no
quarrel with many aspects of the Bush proposal.  They say they share the
administration's view that law officers chasing terrorists should have
the same powers that apply to cases involving drug trafficking and other
crimes - something that is not always true under current law.  They
agree that surveillance laws need to be updated to take account of
technologies such as e-mail. 

Sen.  Orrin G.  Hatch (Utah), the ranking Republican on the Senate
Judiciary Committee, last week called the administration bill "a
measured and cautious response" that fits "well within the bounds of the
Constitution."

Nevertheless, the precise language of the bill has been the focus of
intense behind-the-scenes wrangling between congressional staff and
legal experts from the Justice Department and the White House.  On
Wednesday, according to a Senate source, "things were in danger of
coming off track" after Justice Department officials and aides to
Judiciary Committee Chairman Patrick J.  Leahy (D-Vt.) hit an impasse in
their negotiations.  Leahy and Attorney General John D.  Ashcroft were
able to break the logjam during a phone conversation Wednesday night. 
Congress was more accommodating in the immediate aftermath of the
attacks, when it granted administration requests for emergency funds and
a resolution authorizing military action with hardly a whisper of
dissent.  But lawmakers say the anti-terrorism bill falls into a
different category. 

"This is about how do we equip our anti-espionage, counterterrorism
agencies with the tools they want while we still preserve the most
fundamental thing, which is the civil liberties of the American people,"
House Majority Leader Richard K.  Armey (R-Tex.) told reporters last
week.  "There are a lot of members that are acutely aware of the fact
that the agencies don't always exercise due diligence in the way they
handle information that is at their disposal."

History is also weighing on Congress.  As more than one lawmaker has
remarked in recent days, Americans have sometimes lived to regret the
sacrifice of civil liberties - such as the internment of Japanese
Americans during World War II - in the name of national security.  "It's
sort of a reminder that you can do the wrong things for seemingly all
the right reasons," said Donald A.  Ritchie, the associate Senate
historian.  "Lincoln said that in times of crisis, the Constitution
doesn't have to be broken, but it can be stretched.  In that sense,
they're looking for some balance to make sure everything they do is
appropriate."

In stressing the need for haste, Ashcroft has repeatedly warned of "the
clear and present danger" of further terrorist attacks; he initially
asked Congress to pass the legislation in three days.  It quickly became
evident, however, that lawmakers had no intention of keeping that
schedule. 

Last Monday, for example, Ashcroft appeared before the House Judiciary
Committee, whose chairman, F.  James Sensenbrenner Jr.  (R-Wis.), had
scheduled a vote on the measure for the following morning.  But
Sensenbrenner agreed to postpone the vote until this week after
colleagues on the panel rebelled, saying they needed more time to study
the bill. 

In the Senate, Leahy has expressed sympathy with Ashcroft's desire for
quick action, but he also made clear his desire for significant
modifications.  "We've made some progress," Leahy said at a hearing
Tuesday.  "I think we can make more." Leahy's staff is working with the
White House and the Justice Department on a compromise version of the
bill; a separate effort is underway in the House. 

Congress has welcomed many parts of the administration bill, including
proposals to block financial transactions among terrorist groups, beef
up border patrols and stiffen penalties for terrorists.  Lawmakers also
are sympathetic to a provision that would permit the use of "roving
wiretaps" - which cover all forms of electronic communication as
distinct from single phone lines - in terrorism investigations; such
wiretaps are now limited to criminal probes. 

But other elements of the bill have given lawmakers pause.  Some
proposals, for example, would expand law enforcement access to Internet
communications - a step that Armey and others say could violate the
privacy of innocent Web users if it is not carefully designed.  Another
would make it easier for law enforcement agencies to share material,
including grand jury testimony, with intelligence services - potentially
opening the door to abuses such as "the savage campaign of defamation
waged by J.  Edgar Hoover as head of the FBI against Dr.  Martin Luther
King," Rep.  Barney Frank (D-Mass.), said at the hearing last Monday. 

In a similar vein, Rep.  John Conyers Jr.  (Mich.), the ranking Democrat
on the House panel, said "we are deeply troubled" by a provision that
would allow prosecutors to introduce evidence in federal court that had
been obtained overseas by illegal wiretaps. 

"Permitting information for illegal wiretaps performed abroad against
United States citizens to be used in the federal courts as the
administration proposes is - well, some have said it's unconstitutional
on its face," Conyers said. 

On both the sharing of investigative materials and the illegal wiretaps,
Leahy has made counterproposals aimed at accommodating the
administration's goals in a manner that limits the potential for abuse,
according to a committee aide.  "In most cases it just boils down to
there being sufficient checks on these new authorities," the aide said. 
Perhaps the most contentious proposal would permit the jailing of any
noncitizen who the attorney general "has reason to believe may further
or facilitate acts of terrorism." At Tuesday's hearing, Sens.  Arlen
Specter (R-Pa.) and Edward M.  Kennedy (D-Mass.), who chairs the panel's
immigration subcommittee, criticized the detention standard as
unacceptably vague. 

Ashcroft defended the provision, saying it would apply only to
noncitizens already subject to deportation proceedings.  Persons
undergoing such proceedings are permitted an opportunity to contest
their detention before a judge.  But a Senate aide disputed that
interpretation.  "There is nothing explicitly stating that [a detainee]
would have immigration violation charges brought against him," the aide
said. 

As a result, the aide said, someone suspected of involvement in
terrorism - but not convicted of a crime - could be held indefinitely at
the discretion of the attorney general or other Justice Department
officials. 

Ashcroft promised the Senate panel that he would revisit the matter.  By
the following day, Justice Department officials had rewritten the
detention standard, changing "reason to believe" to "reasonable grounds
to believe." The subtle modification was supposed to satisfy lawmakers'
desire for a higher threshold of evidence. 

But Democratic staff on the Judiciary Committee were still not satisfied
with the changes.  They planned to continue negotiations over the
weekend. 


------------------------ Yahoo! Groups Sponsor ---------------------~-->
Pinpoint the right security solution for your company- Learn how to add 128- bit encryption and to authenticate your web site with VeriSign's FREE guide!
http://us.click.yahoo.com/yQix2C/33_CAA/yigFAA/kgFolB/TM
---------------------------------------------------------------------~->

------------------
http://all.net/ 

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ 



This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:53 PST