Title or Provision |
What It Says/What It
Changes |
How it can be misused |
USAPA §802: Definition
of domestic terrorism. |
Creates a new crime, "domestic
terrorism," which it defines as "acts dangerous to human life that are
a violation of the criminal laws of the United States or of any State"
and that "appear to be intended … to influence the policy of a government
by intimidation or coercion." |
Broad definition may be
used against activists exercising their rights to assemble and to dissent. |
USAPA §215: Access
to
records and other items
under the Foreign
Intelligence Surveillance
Act |
It permits the FBI director
to seek records from bookstores and libraries of books that a person suspected
of terrorism has purchased or read, or of his or her activities on a library's
computer. It also places a gag order to prevent anyone from disclosing
that they have been ordered to produce such documents. |
Puts people at risk for
exercising their free speech rights to read, recommend, or discuss a book
or to write an email. It also denies booksellers and library personnel
the free speech right to inform anyone, including an attorney, that the
FBI has asked for someone's reading list. |
Attorney General's Edict
for Increased Surveillance
of Religious and Political
Organizations |
Rescinds anti-COINTELPRO
regulations and authorizes the FBI to monitor and surveil religious groups
and political groups without evidence of wrongdoing. |
Opens the door to COINTELPRO
operations, which were used in the past to harass and to intimidate people
who disagreed with the government on issues such as civil rights and the
Vietnam War. |
Attorney General's
edict subverting
Freedom of
Information Act
requests |
Replaced Attorney General
Janet Reno's previous guidelines to agencies for fulfilling FOIA requests,
which were to make allowable discretionary disclosures except where there
was "demonstrable harm." Ashcroft assures agencies that "decide to withhold
records, in whole or in part," that they "can be assured that the Department
of Justice will defend your decisions unless they lack a sound legal basis
or present an unwarranted risk of adverse impact on the ability of other
agencies to protect other important records." |
Enables federal agencies
to ignore many FOIA requests for unclassified information. For example,
the administration has used this edict to keep secret the names of detainees
detained for long periods, and to close their hearings. |
Attorney General's
approval of a Bureau
of Prisons emergency
surveillance order |
Removes requirement to
obtain judicial permission before listening in on conversations between
prisoners (both prior to trial and convicted) and their attorneys. |
Abridges freedom of speech. |
Amendment IV
This amendment forms a substantial basis
of the constitutional right to privacy.
"The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not
be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly
describing the
place to be searched, and the persons or things
to be seized."
|
Title or Provision |
What It Says/What It
Changes |
How it can be misused |
USAPA §203: Authority
to share criminal investigative information. |
Permits law enforcement
to give CIA sensitive information gathered in criminal investigations,
including wiretaps and internet trapping. |
No court order is required.
CIA may share the information with other agencies and with foreign governments. |
USAPA §218: Foreign
intelligence information |
Amends Foreign Intelligence
Surveillance Act (FISA) by eliminating the need for the FBI to show "probable
cause" before conducting secret searches or surveillance to obtain evidence
of a crime. |
Eliminates judicial supervision
by giving the FBI the ability to gather "foreign intelligence information"
without a warrant, unless the evidence sought is to be used in a criminal
proceeding. Former standard of "foreign intelligence information" is weakened.1
Agent
may now say that foreign intelligence is relevant or plays a part in the
investigation. "Probable cause" of a crime is no longer needed. |
USAPA §206: Roving
surveillance authority under the Foreign Intelligence Surveillance Act
of 1978. (AKA "roving wiretaps) |
Extends roving wiretap
authority to "intelligence" wiretaps authorized by the Foreign Intelligence
Surveillance Court. |
These wiretaps may be authorized
secretly. Expands the power broadly by tapping any device used by a terrorist
suspect, regardless of who is using the device at the time. |
USAPA §213: Authority
for delaying notice of the execution of a warrant (AKA "sneak and peek") |
Permits the government
to search your home with no one present and to delay notification indefinitely.
Court may authorize delayed notification "if the court finds reasonable
cause to believe that providing immediate notification … may have an adverse
result." |
Unlike the former "knock
and announce" policy, a person whose home is to be searched cannot view
the warrant to make sure the address is correct or to make sure that the
agent adheres to the warrant's description of what is to be searched. |
USAPA §215: Access
to records and other items under the Foreign Intelligence Surveillance
Act |
Relaxes requirements and
extends capabilities of FISA by enabling anyone within the FBI down to
rank of Assistant Special Agent in Charge to request a court order for
tangible items sought for an investigation "to protect against international
terrorism or clandestine intelligence activities." The judge must give
permission if an agent has so certified.
For example, it permits the FBI director to seek
records from bookstores and libraries of books that a person has purchased
or read, or of his or her activities on a library's computer. It also places
a gag order to prevent anyone from disclosing that they have been ordered
to produce such documents.
Eliminates the former test, that "there are specific
and articulable facts giving reason to believe that the person to whom
the records pertain is a foreign power or an agent of a foreign power." |
No legitimate checks and
balances; rather, the judge becomes a 'rubber stamp'. No privacy protection
for U.S. citizens or legal residents acting legally. Transfers power from
the judiciary to the executive branch. |
USAPA §411: Definitions
relating to terrorism |
Allows Secretary of State
to designate any foreign or domestic group that has engaged in a violent
activity a "terrorist organization." |
Lowers standard for terrorist
designation; possibility of groups that dissent peacefully being so designated
as the result of an action by an agent provocateur. |
USAPA §412: Mandatory
detention of suspected terrorists; habeas corpus; judicial review |
Gives Attorney General
broad powers to certify immigrants as risks. |
Reduces previous standard
from "probable cause." |
Attorney General's Edict
for Increased Surveillance of Religious and Political Organizations |
Rescinds anti-COINTELPRO
regulations and authorizes the FBI to monitor and surveil religious groups
and political groups without evidence of wrongdoing |
Reduces standard for surveillance
from "probable cause." |
Attorney General's approval
of a Bureau of Prisons emergency surveillance order |
Removes requirement to
obtain judicial permission before listening in on conversations between
prisoners (both prior to trial and convicted) and their attorneys. |
Constitutes "unreasonable
searches" without the necessity to meet the standard of "probable cause." |
Attorney General's TIPS
program |
Sets up a system for up
to 2 million Americans, more than were involved in the heyday of East Germany's
Stasi, to secretly provide information to the government about any persons
whom they consider suspicious, and for the government to set up a file
on these persons. |
May potentially damage
someone's record due to innocent activities that are misunderstood or are
invented or enhanced by the caller because of a personal vendetta. How
the "tips" would be used has been neither reported nor approved, nor have
there been assurances that anyone who is reported as "suspicious" will
be confronted with the evidence against him/her and given an opportunity
to correct it. |
Amendment V
"No person shall be held to answer for a … crime,
unless on a presentment or indictment of a Grand Jury…, nor shall be compelled
in
any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law."
|
Title or Provision |
What It Says/What It
Changes |
How it can be misused |
Attorney General's approval
of a Bureau of Prisons emergency surveillance order |
Removes requirement to
obtain judicial permission before listening in on conversations between
prisoners (both prior to trial and convicted) and their attorneys. |
A prisoner may be made
to be a witness against himself or herself. |
President Bush's Military
Order |
Establishes trials by military
tribunal, at president's discretion, for noncitizens. |
Denies "due process of
law," which applies not only to citizens but to all "persons" in the United
States. Allows secret evidence and hearsay to be used against the accused. |
President Bush's order
designating "Enemy combatant" |
Allows committee of attorney
general, defense secretary, and CIA director to label citizens and noncitizens
as "enemy combatants," placing them in military custody, holding them in
detention indefinitely, interrogating them, and denying them communication
with outsiders or judicial review. No opportunity to prove innocence. |
Denial of "liberty without
due process of law." |
Attorney General's Edict
for Increased Surveillance of Religious and Political Organizations |
Rescinds anti-COINTELPRO
regulations and authorizes the FBI to monitor and surveil religious groups
and political groups without evidence of wrongdoing |
An unsuspecting participant
in a religious or political meeting may be "compelled to be a witness against
himself." |
USAPA §412: Mandatory
detention of suspected terrorists; habeas corpus; judicial review |
Gives Attorney General
broad powers to certify immigrants as risks. |
Deprives immigrants of
"liberty
… without due process of law." |
Amendment VI
"In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of the
State and district
wherein the crime shall have been committed …
and to be informed of the nature and cause of the accusation; to be confronted
with
the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance
of Counsel for
his defence."
|
Title or Provision |
What It Says/What It
Changes |
How it can be misused |
USAPA §412: Mandatory
detention of suspected terrorists; habeas corpus; judicial review |
Gives Attorney General
broad powers to certify immigrants as risks. |
Infringes upon the rights
"to a speedy and public trial, by an impartial jury of the State and district…,
to be informed of the nature and cause of the accusation, to confronted
with the witnesses against him," and "to have the Assistance of Counsel
for his defence." |
President Bush's order
designating "Enemy combatant" |
Any U.S. citizen or noncitizen
designated as an enemy combatant may be placed in military custody, held
in detention indefinitely, interrogated, and denied communication with
outsiders or judicial review. |
Infringes upon the rights
"to a speedy and public trial, by an impartial jury of the State and district…,
to be informed of the nature and cause of the accusation, to be confronted
with the witnesses against him," and "to have the Assistance of Counsel
for his defence." |
Attorney General's approval
of a Bureau of Prisons emergency surveillance order |
Removes requirement to
obtain judicial permission before listening in on conversations between
prisoners (both prior to trial and convicted) and their attorneys. |
A prisoner who knows that
law enforcement may listen in on conversations with an attorney may forego
the right to ask for Counsel to aid in his or her defense |
Amendment VIII
"Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted."
|
Title or Provision |
What It Says/What It
Changes |
How it can be misused |
USAPA §412: Mandatory
detention of suspected terrorists; habeas corpus; judicial review |
Gives Attorney General
broad powers to certify immigrants as risks. |
May result in "cruel and
unusual punishments" (deportation). |