-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Given the recent discussion on the Patriot act, I thought this would be related >-----Original Message----- >From: Fred Cohen [mailto:fc@private] >Sent: Sunday, December 28, 2003 3:19 PM >To: Information Warfare Mailing List >Subject: [iwar] Bush signs parts of Patriot Act II into law stealthily > >WITH A WHISPER, NOT A BANG > >By David Martin 12/24/2003 > >Bush signs parts of Patriot Act II into law b9 stealthily > >http://www.sacurrent.com/site/news.cfm?newsid=10705756&BRD=2318 >&PAG=461&dept >_id=482778&rfi=6 > >O n December 13, when U.S. forces captured Saddam Hussein, >President George >W. Bush not only celebrated with his national security team, >but also pulled >out his pen and signed into law a bill that grants the FBI sweeping new >powers. A White House spokesperson explained the curious timing of the >signing - on a Saturday - as "the President signs bills seven >days a week." >But the last time Bush signed a bill into law on a Saturday >happened more >than a year ago - on a spending bill that the President needed >to sign, to >prevent shuttng down the federal government the following Monday. > >By signing the bill on the day of Hussein's capture, Bush effectively >consigned a dramatic expansion of the USA Patriot Act to a >mere footnote. >Consequently, while most Americans watched as Hussein was >probed for head >lice, few were aware that the FBI had just obtained the power >to probe their >financial records, even if the feds don't suspect their >involvement in crime >or terrorism. > >By signing the bill on the day of Hussein's capture, Bush effectively >consigned a dramatic expansion of the USA Patriot Act to a >mere footnote. >The Bush Administration and its Congressional allies tucked >away these new >executive powers in the Intelligence Authorization Act for >Fiscal Year 2004, >a legislative behemoth that funds all the intelligence >activities of the >federal government. The Act included a simple, yet insidious, >redefinition >of "financial institution," which previously referred to banks, but now >includes stockbrokers, car dealerships, casinos, credit card companies, >insurance agencies, jewelers, airlines, the U.S. Post Office, >and any other >business "whose cash transactions have a high degree of usefulness in >criminal, tax, or regulatory matters." > >Congress passed the legislation around Thanksgiving. Except for U.S. >Representative Charlie Gonzalez, all San Antonio's House >members voted for >the act. The Senate passed it with a voice vote to avoid individual >accountability. While broadening the definition of "financial >institution," >the Bush administration is ramping up provisions within the >2001 USA Patriot >Act, which granted the FBI the authority to obtain client >records from banks >by merely requesting the records in a "National Security >Letter." To get the >records, the FBI doesn't have to appear before a judge, nor demonstrate >"probable cause" - reason to believe that the targeted client >is involved in >criminal or terrorist activity. Moreover, the National >Security Letters are >attached with a gag order, preventing any financial institution from >informing its clients that their records have been surrendered >to the FBI. >If a financial institution breaches the gag order, it faces criminal >penalties. And finally, the FBI will no longer be required to report to >Congress how often they have used the National Security Letters. > >Supporters of expanding the Patriot Act claim that the new law >is necessary >to prevent future terrorist attacks on the U.S. The FBI needs these new >powers to be "expeditious and efficient" in its response to these new >threats. Robert Summers, professor of international law and >director of the >new Center for Terrorism Law at St. Mary's University, >explains, "We don't >go to war with the terrorists as we went to war with the Germans or the >North Vietnamese. If we apply old methods of following the >money, we will >not be successful. We need to meet them on an even playing >field to avoid >another disaster." > > >Opponents of the PATRIOT Act and its expansion claim that >safeguards like >judicial oversight and the Fourth Amendment, which prohibits >unreasonable >search and seizure, are essential to prevent abuses of power. >"There's a >reason these protections were put into place," says Chip Berlet, senior >analyst at Political Research Associates, and a historian of >U.S. political >repression. "It has been shown that if you give [these >agencies] this power >they will abuse it. For any investigative agency, once you >tell them that >they must make sure that they protect the country from subversives, it >inevitably gets translated into a program to silence dissent." > >Opponents claim the FBI already has all the tools to stop crime and >terrorism. Moreover, explains Patrick Filyk, an attorney and >vice president >of the local chapter of the ACLU, "The only thing the act >accomplishes is >the removal of judicial oversight and the transfer of more power to law >enforcements agents." > >This broadening of the Patriot Act represents a political >victory for the >Bush Administration's stealth legislative strategy to increase >executive >power. Last February, shortly before Bush launched the war on Iraq, the >Center for Public Integrity obtained a draft of a >comprehensive expansion of >the Patriot Act, nicknamed Patriot Act II, written by Attorney >General John >Ashcroft's staff. Again, the timing was suspicious; it >appeared that the >Bush Administration was waiting for the start of the Iraq war >to introduce >Patriot Act II, and then exploit the crisis to ram it through >Congress with >little public debate. > >The leak and ensuing public backlash frustrated the Bush >administration's >strategy, so Ashcroft and Co. disassembled Patriot Act II, >then reassembled >its parts into other legislation. By attaching the redefinition of >"financial institution" to an Intelligence Authorization Act, the Bush >Administration and its Congressional allies avoided public hearings and >floor debates for the expansion of the Patriot Act. > >Even proponents of this expansion have expressed concern about these >legislative tactics. "It's a problem that some of these riders that are >added on may not receive the scrutiny that we would like to >see," says St. >Mary's Professor Robert Summers. > >The Bush Administration has yet to answer pivotal questions >about its latest >constitutional coup: If these new executive powers are >necessary to protect >United States citizens, then why would the legislation not >withstand the >test of public debate? If the new act's provisions are in the public >interest, why use stealth in ramming them through the >legislative process? > >-- This communication is confidential to the parties it is >intended to serve -- >Fred Cohen - http://all.net/ - fc@private - fc@private - >tel/fax: 925-454-0171 >Fred Cohen & Associates - University of New Haven - >Security Posture > >------------------ >http://all.net/ > >------------------------ Yahoo! Groups Sponsor >---------------------~--> >Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark >Printer at MyInks.com. Free s/h on orders $50 or more to the >US & Canada. >http://www.c1tracking.com/l.asp?cid=5511 >http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/kgFolB/TM >--------------------------------------------------------------- >------~-> > >Yahoo! Groups Links > >To visit your group on the web, go to: > http://groups.yahoo.com/group/iwar/ > >To unsubscribe from this group, send an email to: > iwar-unsubscribe@private > >Your use of Yahoo! Groups is subject to: > http://docs.yahoo.com/info/terms/ "I have gone to great lengths to expand my threshold of pain" - -Tool -----BEGIN PGP SIGNATURE----- Note: This signature can be verified at https://www.hushtools.com/verify Version: Hush 2.3 wkYEARECAAYFAj/whY0ACgkQgmQPhCwzFyDqzQCghPLiNimeY0+5hDGMKoEihU6tt9sA mwbHhRqB0Zaezq/TymElfO8y0GHo =dFCA -----END PGP SIGNATURE----- Concerned about your privacy? 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