[iwar] [fc:Eavesdrop.Now,.Reassess.Later]

From: Fred Cohen (fc@all.net)
Date: 2001-10-02 06:03:42
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From: Fred Cohen <fc@all.net>
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Date: Tue, 2 Oct 2001 06:03:42 -0700 (PDT)
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Subject: [iwar] [fc:Eavesdrop.Now,.Reassess.Later]
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<a href="http://www.politechbot.com/docs/patriot.act.100101.pdf">http://www.politechbot.com/docs/patriot.act.100101.pdf>
    
A 122-page draft (PDF) of the Patriot Act, obtained by Wired News, says
that police could conduct Internet wiretaps in some situations without
court orders, that judges' ability to reject surveillance requests would
be sharply curtailed, and that the powers of a secret federal court
would be expanded. 

The measure, prepared by House Judiciary chairman James Sensenbrenner
(R-Wisconsin) and Rep.  John Conyers (D-Michigan), is the product of two
weeks of painstaking, closed-door negotiations between Congress and the
Bush administration.  Sensenbrenner and Conyers hope their alterations
to Bush's proposal will assuage some of the concerns that conservative,
libertarian, and civil libertarian groups have raised. 

It doesn't seem to have worked. 

The American Civil Liberties Union is urging Congress to reject the
Patriot Act, saying it hands police far too much power.  Congress is
considering the legislation in response to the Sept.  11 terrorists
attacks on the World Trade Center and the Pentagon, the worst in the
nation's history. 

"While the (Patriot Act) deleted the provision allowing for use of
foreign government wiretapping, it retained virtually all of the other
problems of the administration's proposal," says Greg Nojeim, deputy
director of the ACLU's legislative office. 

The wiretapping section Nojeim is talking about is one of the most
controversial portions of President Bush's "Anti-Terrorism Act" -- and
it does not appear in the House Judiciary's Patriot Act. 

The Bush administration had proposed that Echelon, the National Security
Agency's shadowy data-collection system operated in conjunction with
friendly nations, could be used to spy on Americans.  Information
gathered from Echelon and other electronic surveillance by foreign
governments could be used against Americans "even if the collection
would have violated the Fourth Amendment," according to the Justice
Department's analysis of the bill. 

Last week, the House Judiciary committee abruptly postponed a scheduled
vote on anti-terrorism legislation until this week. 

In his weekly radio address on Saturday, Bush urged Congress to approve
his legislation -- which does not include an expiration date. 

"In the long campaign ahead, (federal agents) will need our continued
support, and every necessary tool to do their work," Bush said.  "I'm
asking Congress for new law enforcement authority, to better track the
communications of terrorists, and to detain suspected terrorists until
the moment they are deported."

Under both the administration's proposal and the House Judiciary's draft
Patriot Act:

€ Police wiretap powers would be expanded, and the utility of the FBI's
Carnivore surveillance system increased.  Any U.S.  attorney or state
attorney general could order the installation of the FBI's Carnivore
Net-surveillance system in emergency situations without obtaining a
court order first. 

Voicemail messages would be easier for law enforcement investigators to
obtain.  A search warrant would be required, instead of a wiretap order
that brings with it a higher level of court scrutiny. 
€ Wiretapping would become easier.  Currently, police are required to
perform "normal investigative procedures" before tapping, a requirement
that would no longer apply. 
€ The Foreign Intelligence Surveillance Act (FISA), a law that created a
secret court to approve spy investigations, would be broadened and made
more powerful. 

One way in which the two proposals differ is that the Bush plan allowed
for the indefinite detention of immigrants who were suspected
terrorists.  According to the draft Patriot Act, the indefinite
detention is limited to after prosecutors secure a deportation order. 

Brad Jansen of the Free Congress Foundation said he's worried about yet
another draft anti-terrorist bill being written by Senate Judiciary
Committee chairman Patrick Leahy (D-Vermont). 

"There are things we want deleted.  We're trying to keep out the 'Know
Your Customer' -- the Senate Democrat money laundering -- proposal,"
Jansen said, on grounds it violates Americans' rights to financial
privacy. 

Leahy's bill, which appears to be gaining support in the Senate, is
called the "Strengthening Our Domestic Security Against Terrorist Act."
On Tuesday, his committee is scheduled to continue a hearing on the
topic. 

The Patriot Act stands for "Provide Appropriate Tools Required to
Intercept and Obstruct Terrorism."

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