Return-Path: <sentto-279987-2624-1002077711-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); Tue, 02 Oct 2001 19:57:13 -0700 (PDT) Received: (qmail 28093 invoked by uid 510); 3 Oct 2001 02:55:18 -0000 Received: from n29.groups.yahoo.com (216.115.96.79) by 204.181.12.215 with SMTP; 3 Oct 2001 02:55:18 -0000 X-eGroups-Return: sentto-279987-2624-1002077711-fc=all.net@returns.onelist.com Received: from [10.1.4.56] by n29.groups.yahoo.com with NNFMP; 03 Oct 2001 02:55:11 -0000 X-Sender: fc@big.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-7_4_1); 3 Oct 2001 02:55:11 -0000 Received: (qmail 10652 invoked from network); 3 Oct 2001 02:55:10 -0000 Received: from unknown (10.1.10.142) by l10.egroups.com with QMQP; 3 Oct 2001 02:55:10 -0000 Received: from unknown (HELO big.all.net) (65.0.156.78) by mta3 with SMTP; 3 Oct 2001 02:55:10 -0000 Received: (from fc@localhost) by big.all.net (8.9.3/8.7.3) id TAA10271 for iwar@onelist.com; Tue, 2 Oct 2001 19:55:09 -0700 Message-Id: <200110030255.TAA10271@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: Tue, 2 Oct 2001 19:55:09 -0700 (PDT) Reply-To: iwar@yahoogroups.com Subject: [iwar] [fc:House.Bill.Would.Expand.Internet.Surveillance.Powers] Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit House Bill Would Expand Internet Surveillance Powers By Dana Milbank, Washington Post Staff Writer Tuesday, October 2, 2001; 8:00 AM House negotiators yesterday agreed to give the government new authority to investigate and detain terrorist suspects, a bipartisan compromise that denied the Bush administration some powers it sought but that was assailed by civil libertarians as a blow to American values. Under an agreement reached by Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.) and the ranking Democrat, Rep. John Conyers Jr. (Mich.), authorities would be able to hold any foreigner suspected of terrorist activity without charges for as long as a week. The anti-terrorism legislation would also expand the government's wiretapping and Internet surveillance powers in terrorism cases. The 122-page House legislation, dubbed the "Patriot Act," is due to be considered by the committee Wednesday and by the entire House next week. The House compromise will become a framework for negotiations with the Senate and the administration over an expansion of police powers following the Sept. 11 attacks on the World Trade Center and the Pentagon. David Carle, spokesman for Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.), said the Senate and House bills "will largely complement each other." He said Senate Democrats and Republicans "negotiated through the weekend and are close to an agreement over here." White House press secretary Ari Fleischer said, "The administration has been working very closely with members of the House, as well as with Chairman Leahy and others in the Senate who have just jurisdiction over this." The Bush administration sought new anti-terrorism legislation in the aftermath of the attacks, saying it was necessary because of what Attorney General John D. Ashcroft described as the "clear and present danger" of further terrorist attacks. The agreement yesterday came as more than 100 members of Congress traveled to New York to view the devastation at the World Trade Center. In the thorniest matter faced by negotiators, the government would be allowed to detain any foreigners suspected of terrorist activity for up to seven days without filing charges or giving them an opportunity to ask a judge to release them. That would apply both to legal immigrants and those in the country illegally. After that time, the government would either need to file criminal charges, begin deportation proceedings or release the suspects. Attorney General John D. Ashcroft had sought detention powers without any particular time limit. Even after the seven days, Ashcroft would have power to detain foreigners until they are deported as long as he has "reasonable grounds to believe" that they may be involved in terrorism. Ashcroft had sought broader language, allowing detention if there was "reason to believe" the person was involved in terrorism. Only the attorney general or the Immigration and Naturalization Service commissioner would certify such detentions, which could be reviewed by courts. Jeanne Butterfield, executive director of the American Immigration Lawyers Association, called the compromise "a significant improvement" over Ashcroft's request. But Laura W. Murphy, director of the American Civil Liberties Union's Washington office, said the compromise was "inadequate" and "confers unprecedented detention authority on the attorney general." The House compromise would also give the government multiple wiretap powers in terrorism cases so that surveillance would be attached to an individual rather than a particular telephone. It would also make it easier for law enforcement officials to obtain wiretaps. Under existing law, wiretaps can be obtained under the Foreign Intelligence Surveillance Act if the primary purpose for getting the information is intelligence, rather than criminal enforcement. Ashcroft had sought to use the FISA provision if intelligence gathering was merely "a purpose." The proposed House legislation would compromise with "a significant purpose." The wiretap provision would expire in December 2003; renewing it would require congressional approval. Law enforcement officials would be able to get court orders allowing them to retrieve records of e-mails and other electronic communications, not just telephone records. Such orders would not entitle investigators to review the content of e-mails and telephone calls, however, and electronic evidence obtained illegally would be unusable. The legislation also grants Ashcroft's wish to remove the statute of limitations from a number of terrorism offenses, while increasing maximum penalties for terrorism-related crimes and expanding offenses to include support or expert advice to terrorists. Those gathering intelligence information would now be allowed to share their information with criminal investigators. The proposed legislation would drop provisions Ashcroft had sought that would allow certain intelligence information gathered overseas to be admitted in U.S. courts even if the methods used to obtain the information would cause the evidence to be thrown out of court if it had been gathered domestically. Also removed were Ashcroft provisions that would have allowed authorities to search a suspect's home without notification that they had searched, and provisions allowing the release of student records to authorities. The committee, while honoring many of the requests Ashcroft made, modified some of those provisions. The lawmakers backed a list of crimes that Ashcroft wanted characterized as terrorism but added language that such crimes must be "calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct." Prosecutors would also have more ability to share grand jury information with other government officials investigating terrorism, but they would need court approval to do so. Ashcroft would also have expanded ability to obtain business records of suspects, but he would not have the power he sought to do so without going to court first. To protect civil liberties, the House legislation would create a new inspector general's office in the Justice Department for civil rights and civil liberties; it would be responsible for handling complaints and reporting to Congress. The proposal would also increase, to $10,000 from $1,000, the damages private citizens could seek from the government for civil liberties violations. Staff writer John Lancaster contributed to this report. ------------------ 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