CRIME Fwd: FW: [iwar] Bush signs parts of Patriot Act II into law stealthily

From: toby (tobyhush@private)
Date: Mon Dec 29 2003 - 11:50:36 PST

  • Next message: George Heuston: "CRIME FW: [Information_technology] Daily News 12.30.03"

    -----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? Follow this link to get
    FREE encrypted email: https://www.hushmail.com/?l=2
    
    Free, ultra-private instant messaging with Hush Messenger
    https://www.hushmail.com/services.php?subloc=messenger&l=434
    
    Promote security and make money with the Hushmail Affiliate Program: 
    https://www.hushmail.com/about.php?subloc=affiliate&l=427
    



    This archive was generated by hypermail 2b30 : Mon Dec 29 2003 - 12:39:38 PST