-Caveat Lector-
From
http://www.aclu.org/congress/l102301d.html
}}}>Begin
HOW THE ANTI-TERRORISM BILL WOULD
CONVERT DISSENT INTO BROADLY DEFINED "TERRORISM"
Section 802 of the final version of the anti-terrorism legislation,
the Uniting and Strengthening America By Providing Appropriate Tools
Required To Intercept and Obstruct Terrorism (H.R. 3162, the "USA
PATRIOT Act") creates a broadly defined new crime of domestic
terrorism. We oppose this definition of terrorism because it is
unnecessary and could be used to prosecute dissidents.
Under federal law there are already three definitions of terrorism -
international terrorism, terrorism transcending national borders and
federal terrorism. The September 11th attacks violated all three of
these laws.
Under Section 802 of the USA PATRIOT Act, a person commits the crime
of domestic terrorism if within the U.S. they engage in activity that
involves acts dangerous to human life that violate the laws of the
United States or any State and appear to be intended: (i) to
intimidate or coerce a civilian population; (ii) to influence the
policy of a government by intimidation or coercion, or (iii) to
affect the conduct of a government by mass destruction, assassination
or kidnapping.
The Administration has not adequately explained why this new crime
should be created or why the definitions in existing anti-terrorism
laws are insufficient. This over-broad terrorism definition would
sweep in people who engage in acts of political protest if those acts
were dangerous to human life. People associated with organizations
such as Operation Rescue and the Environmental Liberation Front, and
the World Trade Organization protesters, have engaged in activities
that could subject them to prosecution as terrorists.
Under the USA PATRIOT Act, once the government decides that conduct
is "domestic terrorism," law enforcement agents have the authority to
charge anyone who provides assistance to that person, even if the
assistance is an act as minor as providing lodging. They would have
the authority to wiretap the home of anyone who is providing
assistance. Also, the government could prosecute the person who
provided their home under a new crime of "harboring" a terrorist
(Section 803) or for "providing material support" to "terrorists."
The ACLU does not oppose the criminal prosecution of people who commit acts of civil
disobedience if those acts result in property damage or place people in danger. That
type of behavior is already illegal and perpetrato
rs of these crimes can be prosecuted and subjected to serious penalties. However,
such crimes often are not "terrorism." The legislative response to terrorism should
not turn ordinary citizens into terrorists.
In addition, this provision gives the federal government the authority to prosecute
violations of state law, which should be prosecuted in state courts, not in federal
court.
[Legislative
Archives] [107th
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Copyright 2001, The American Civil
Liberties Union
End<{{{
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A merely fallen enemy may rise again, but the reconciled
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