Der Patriot Act 2

.::2. THE Patriot Act II::.

Content

2 Patriot Act II

2.1 Introduction

2.2 Consequences of the Patriot Act I

2.3 Planned activities of the "Patriot Act II"

2.4 A new way

2.5 Conclusion

2 Patriot Act II

2.1 Introduction

After the on 26 October 2001, in virtue of separate anti-terror Patriot Act I, Act, seeking the U.S. Department of Justice now, after an expansion of the powers of the executive, nor the Patriot Act I, also.

On 10 February 2003, by an indiscretion of a known employee of the U.S. - government, the confidentiality of the draft text of the U.S. Justice Department for Domestic Security Enhancement Act of 2003 (eng: Domestic Security Improvement 2003), 9 Announced in January 2003.

Because of the connection to the Patriot Act I is this bill as Patriot Act II. The impact of its adoption would have profound implications for American society.

The United States discussed in the paper provides extensive simplifications to the apartment searches and eavesdropping by U.S. intelligence services and law enforcement authorities. Also, a gene database to identify potential terrorists will be established. All this clearly circumcision constitutional rights.

The under pressure U.S. government now tries to limit the rights of citizens to justify and further tightening of legislation to enforce How does the Bush administration to continue the attacks of 11.9. use to law enforcement greater powers to ensure that both the civil rights restrictions.

The people in the United States will eingeredet that new laws which restrict the power of the secret services and law enforcement authorities extend only to the fight against terrorists serve. Who with terrorism had nothing to do, do nothing to fear. The major threat posed by the new enemy makes it necessary not only to preventive wars, but also the enemy within the country and identify the enemy prepared to be

2.2 Consequences of the Patriot Act I

After the new bill to combat terrorism came into force, began the American authorities immediately with the implementation. Thus, immediately after entry into force of the compound, hundreds of foreign nationals, are suspected of terrorist activities were arrested and taken into custody.

The largest part of them remained, despite that you were innocent, for a long time in prison and was interrogated about things that you never had to do something.

There was broad dragnet started and even the small crimes, especially by foreign citizens, as a terrorist action rated. What to further arrests resulted.

In addition, telephones were tapped, people were shaded and it began a major operation in which as much as possible about the population data should be collected.

There were also many accounts frozen and funds seized, where we assumed that they are terrorist organizations.

The already immediately after 11.09.2001 tougher immigration laws was stepped up again and arriving visitors were not without intensive searches in the country.

So airlines have been obliged to passenger information before departure to be transmitted. With the passing of this data by airlines to meet a legal obligation of the United States, without the transportation of passengers would not be permitted. Refuse to the airlines, so they must deal with sanctions such as fines and the withdrawal of landing rights reckon. Specifically, the airlines since the 5th March 2003 committed the U.S. authorities access to travel and reservation data of passengers must be given to those with their airline or from the U.S. travel. In detail, the following data:

Name

Address or contact details

Information on the handling of air travel, hotel and rental car reservations.

Method of payment (credit card number, bank account ....)

special meal requests

health data

This data is then distributed by the American authorities used to early on potential terrorists or people with criminal intentions to identify them. .

On 05.01.2004 was adopted by the ? Department of Homeland Security? a new law to control the United States Visitor adopted. The so-called ? US-VISIT Privacy Impact Assessment?

Now, all persons entering the U.S., not just in the beginning of their personal data to disclose information, but also at the entry check their biographical and biometric data deposit. The full Act can be found at: http://www.epic.org/privacy/us-visit/us-visit_pia.pdf

The new legislation, there is now but also for the authorities the possibility to people without a valid reason to take into custody and shall be added as terrorists. So it also happened that a Sherman Oaks residents 20 years to one year imprisonment in a federal prison, as he guides for Molotov cocktails and other explosive substances on an anarchist website, which he operated, offering. Even if it is not the same as it looks, it is a consequence of the new legislation. The following was included in a future article on this sensitive case, wrote:

The U.S. Federal Government has successfully managed Sherman Austin to make an example of how to webmasters around the world harassed. Austin, former webmaster of raisethefist.com, was to a year in a federal prison and three years probation, because his site contained a link to a page, what instructions to build a bomb contained. Austin did not write this information, yet he maintained the site, although it was hosted on its server. The penalty was higher than the prosecutor after an agreement with the defendants requested. Austin agreed to the punishment, when the FBI officials threatened to "terrorism-sensitive", thus it a 20-year prison sentence would einhandeln can. The United States already have the highest rate of prisoners per capita (thanks Wackenhut [anecdote: Wackenhut is a private company, which oversees prisons).

Several factors interfere in this case. On 24 January 2002, the FBI sent 25 armed agents to the house of the then 18 years, much like what an "overkill" looks like. The explosive information itself is not illegal, such material is available on thousands of pages and is available through Google. It was Austin's appearance on previously held protests probably what the real reasons for this case show. The FBI seems to Austin as an example for other webmasters to use and the other is a precedent for similar cases to create. The site was designed mainly to their protest activities bound, which is probably also an explanation for this case. They described him as the terrorists and it was drann bombs on the World Bank and IMF summits to ignite .... ?

This example is good to see the power of the FBI and other state security to the contributing institutions have acquired.

Another example of almost racist struggle of the American government against terrorism, the so-called? Racial Profiling?. It is the basis of special registration, "which is staged by groups of countries, all men over 16 years interviewing and to register.

The deadline for the first group of countries? Syria, Iraq, Iran, Libya and Sudan? was 16 December 2002, the deadline for the second group of countries was 10 January 2003 (North African countries as well as those of the Middle East and North Korea), followed by another 14,000 men from Pakistan and Saudi Arabia, which until 21 Had reported in February, and thousands more from Bangladesh, Egypt, Indonesia, Jordan and Kuwait, which until 28 March must be admitted.

Next, through the Patriot Act 1 legitimate actions, I found the following articles:

[..] The mass media have become a model of Orwellian "Newspeak" has become. Self-censorship among journalists is commonplace. Anyone who tells the truth, will be fired, as in the case of the veteran reporter Peter Arnett by NBC News (the owner of the station is the army supplier General Electric), after he had told Baghdad Television, the original war plan had failed the United States. [. .]

[..] Protest movements are demonized and criminalized. Thousands of war opponents have been arrested. Members of persons who were killed on September 11, 2001 and had been against the war have been prevented in schools to perform. Three Roman Catholic nuns from Denver threaten 20 years of imprisonment because they are military equipment with red scribblings have. [..]

[..] Foreign nationals and immigrants is a witch hunt led targets are seven million Muslims, mostly U.S. citizens, but also many Latinos and all people whose skin is not "white" is. Hate crimes against Arabs are on the rise. The equation "Immigrant = Terrorist" appears more frequently on a daily basis. Foreigners who are the "terrorist" accused come before a military tribunal. [..]

[..] There are "preventive" arrests and prison sentences and deportation of thousands without any legal basis. A secret side effect is the torture, as Amnesty International, in the case of 650 "prisoners" (in reality it is kidnapped individuals) from 40 countries at the military base in Guantanamo (Cuba) has found. [..]

But the government seems not to suffice. Sun appeared, as already mentioned in the introduction, a document, which wider and even more threatening proportions for the freedom of American citizens will have. But since it was on unofficial circles is made public, you can not even say when and in what form the draft his way into the current law will be.

LIMITATION OF THE RIGHTS OF PRIVATE WALKING ON THE JUDICIAL MEASURES

( Sections 101, 102 and 107 )

Easier monitoring of American citizens in terms of confidentiality and extension of the term terrorist. This Act, inter alia, extends the application of the concept of a foreign power on any foreign power from terrorism suspects. It further restricts the freedom of information, which in Section 102 allows the collection of information as a spy can be.

( Section 103 )

Empowers the government, the state of war in the country or outside to explain, without which the Congress has voted.

( Sections 104 )

Tapping of telephones without judicial decisions;

( Section 106 )

Allows searches and surveillance without judicial decision, and restrictions on the government agendas. The evidence thus obtained would then be usable in court. Until now, no judicial decision is illegal and carried out searches as the court found evidence not usable.

( Section 110 )

Restriction of the sunset clause from Patriot Act 1 repeal.

( Section 122 )

Electronic surveillance of ordinary criminals without a judicial decision

( Sections 107 and 124 )

Further definition of a terrorist in the sense that the use of existing high technologized resources to monitor U.S. citizens, and of suspects, for further tracking and tracing of individuals may be used.

( Section 125 )

Also permission for inter-regional search for terrorists, without the restrictions of the individual districts.

( Section 126)

Is the government the right to all other authorities and organizations, personal information about terrorism suspects to obtain. This right includes banks, employers and health insurance information and medical data. This creates the full use of Ecolon and the absolute loss of privacy.

( Sections 301-306 )

This section is for law enforcement and the Department of Defense allows DNA samples from terrorism suspects, the people in, designated as terrorist groups or ordinary criminals, to collect, evaluate and keep a copy. Included will be included in the facility in Guantanamo Bay (Cuba) Unlawful combatants captured and held by certain classes of aliens including those engaged in activity that endangers national security. The "openness" of this formulation allows the inclusion of nearly arbitrarily defined groups of foreigners.

( Section 311 )

Containing the permit, without any connections to terrorist organizations, sensitive data of citizens, with local and stately bodies to share

( Section 312 )

Ending the limits of the judicial police, according to political or religious connection of persons to seek, or thereafter to be addressed from spy. This would, according to the McCarthy-Aere law adopted to protect the religious and political liberty except by law.

( Sections 321 )

Legitimized the search, Anzapft and monitoring of citizens in the interest of governments and sharing this information with other governments.

Decreases RESPONSIBILITY OF THE PUBLIC BY INCREASING THE SECRECY OF GOVERNMENT

( Section 201 )

This arrangement prohibits anyone, pass on information about persons who are suspected of terrorism have been arrested, the circumstances of arrests and even the fact of an arrest. Law enforcement agencies are not required in addition, arrests on such information or the names of the persons concerned to announce. This would make the Federal Government and its law enforcement authorities the possibility of secret arrests. The prosecutor should therefore people "disappear"

This scheme is incompatible with the principle of rule of law and Article 9 of the International Covenant on Civil and Political Rights. Under German law, would pass such a law unconstitutional incurable. ?

In addition, Section 802 of the Patriot Act I for the territory of the United States regulated than domestic terrorism, any action that endangers human life that is a violation of any federal or state law, if that appears to be intended to influence the policy of a government by Intimidation or Coercion.

As terrorism is so dangerous to human life any act that violates laws, when the impression is that this government policy will be influenced by intimidation or coercion. Thus, each participant must have an unauthorized demonstration to reckon in suspected terrorism to come. Because of this evaluation but not a judge decides, but law enforcement personnel and this then arrests under Section 201 Patriot Act II can make, there is an uncontrolled and uncontrollable police power.

( Section 202 )

American companies may use their handling and processing of toxic materials keep secret, be it biological, chemical or nuclear. It is about the duty of companies with potentially hazardous materials around, after the Clean Air Act, the Environmental Protection Agency hazard analysis (worst case scenario reports) submitted. Because these are publicly available, will be specialized for a dangerous offender or terrorist organizations in terms of guidance on "effective" attacks seen. This concern is legitimate, but must not lead to the potential dangers of such affected riparian no longer be informed.

( Section 204 )

Weaken the rights to an adequate hearing for American citizens and others indicted by restricting the rights to an attorney if you do have to prove use of the secrecy.

( Section 205 )

Senior government members and officers have the right to all their economic transactions secret and each of the to investigate a terrorist can be claimed. - Together with the Section 102, they shall not escape scrutiny

THE LEGAL RESPONSIBILITY decreases under the pretext of TERRORISMUSSBEKÄMPFUNG

( Section 313 )

Grant immunity for companies that provide information on customers of government terrorism investigations available, even if it's privacy or other rights of those customers ruthlessly ignored.

This immunity also applies to residents whose neighbors spying.

This is seen as a measure preventieve: "Minority Report"?

UNDERMINING FUNDAMENTAL CONSTITUTIONAL RIGHTS OF AMERICANS, BY ÜBERAUSGEDEHNTE AND DEFINITION OF TERRORISMUSS terrorist organizations a terrorist PRETEXT

( Section 322 )

Allows, without the consent of Congress, American residents in other countries to extradite, wherever they want.

This also allows the security police, the people under the secrecy of the country to bring.

( Section 402 )

? Prevent the material support of terrorism?

Without any intention of a terrorist crime of terrorism can be accused of crimes. The mere fact that you support are there, even if the organization is not a terrorist organization by the Government is recorded.

( Section 403 )

Extends the notion of weapons of mass destruction in order to avoid any activities that affect interstate or international trade.

( Section 404 )

Cryptography is used for terrorist or other criminal persons for crimes, if they give an order to use.

( Section 408)

Allows the monitoring of criminal for life (instead of max. 5 years)

( Section 410)

Determines that there is no limitation period of the debt is for everyone who is involved in terrorist activities or support of terrorists.

in the Patriot Act 1 is defined, which is already a criminal is a terrorist

( Section 411 )

Extends the list of crimes that are punished with death. Again, they show to Section 802 of the first Patriot Act and state that any terrorist act or support of terrorist acts, the death penalty may have to follow.

( Section 421 )

Increases punishment for terrorist financing. This section indicates that the time in which it has financed terrorism 1:1 into the jail time is converted. And fined $ 10-50.000 per injury. - So would any American citizen who travels to Cuba, affected

( Section 501 )

Withdrawal of all rights of state citizenship, even if they are native Americans if they support organizations by the government are classified as terrorist, even if only the legal activities of such organizations. This allows the person to an indeterminate time in their own country under the name of foreigners to imprison.

UNFAIR NUMBER OF IMMIGRANTS UNDER THE PRETEXT PROBLEMS TO BE TERRORISTS

( Section 331 )

Walking Under the trust between the police and immigration groups, by the opening of sensitive files through the VISA-based police, for the enforcement of complex immigration laws

( Section 502 )

Targeted workers who do not work with identity, with prolonged periods of detention to show general immigration.

( Section 503 )

People, even those who never owe what have come to be without the evidence of a crime, criminal intent or terrorist activities will be expelled.

It is sufficient if the Minister of Justice a threat to national security does.

( Section 504)

Accelerated expulsion of criminal foreigners. This enters into force, once an alien is a criminal act punishable by law has made. Thus, it is then no longer needed, further court action. With this law, it does not matter whether the alien has long lived in the U.S. or not.

( Section 506)

Here is the Minister of Justice allows an immigrant to any country in the world to banish, even if there is no effective government in such a country, such as: Guantanamo Bay

2.4 A new way

As the unofficial draft of the Patriot Act II had been published, of course, were the first voices of the critics and other organizations, very loud. An intelligible way, there was great reluctance to the largest part of the law formulated in this paragraph. As the government assumes most likely, and since it can also credibly be sure that this law is not adopted by Congress, Somali not like the Patriot Act 1, a quick examination her needs and Members therefore have time to study the paper, she tries her otherwise? machinations? enforce.

It was at 27.07 2003 following the court to improve the draft law submitted to drug and Adopted. He runs under the name:

- The Vital interdiction of Criminal Terrorist Organizations Act of 2003, or Victory Act --

Actually, yes he should be against drugs and illegal drugs trade. The scope of the law, but rather in the direction of Patriot Act II The law includes the following, with areas of content covered PAII

[...]

Allow the FBI to get a Wiretap order on a wireless device, such as a cell phone, from any district court in the country

Force defendants who are trying to exclude illegal wiretap evidence to prove police intentionally broke the rules

Further restrict judges' sentencing discretion in drug cases

Ease restrictions on government access to sensitive financial records

Increase penalties for selling drugs to people under the age of 21

Make it easier for the government to seize or freeze assets of people accused of money laundering

Remove gradations of sentencing for those convicted of selling amphetamines so that anyone convicted of possessing more than 250 meth pills would automatically go to jail for 200 years

[...]

On 25.11.2003 was adopted by the U.S. Senate passed a law that the scope of the Patriot Act 1 in the extended sense, that the transactions between Internet FBI Povidern, online stores like eBay and other platforms, where electronic trading is operated, record and listen allowed. And so without any judicial decision. It runs under the name:

- Intelligence Authorization Act for Fiscal Year 2004 --

Besides the recording of telephone conversations, bank transactions and Internet traffic. If the FBI is also authorized to do, such data may be.

This law was subsequently on 13.12.2003 by President George W. Bush signed. Exactly on the day when Saddam Hussein found in a hole and was captured.

Under the definition of a financial institution, which is now also monitored by the FBI may be covered including

Insurance companies

Agencies

Real Estate Agents

Broker

U.S. Postal Service

Jeweler

Casinos

Car Dealers

It is also reported that the President of this law on a weekend to have signed, because as newspapers, television stations, etc. have little staff and thus the public criticism and the complaints could escape.

So instead of a whole new set to be adopted, probably due to its scope would not be possible to wait many? Little? new laws to be adopted, which will ultimately form a whole again.

But not only on the basis of small laws, the U.S. government to implement its goals. It is also political pressure on the American Postal exercised by the Post Office to use new technologies (eg? Secure stamps? Or? Postal identity cards? To pave the way for example a letter from sender to recipient understands them. In addition, postal employees to be moved, their eyes and ears reside, and it's in talks with customers to uncover potential terrorists. This would also have far-reaching consequences for the privacy of a person.

Thus virtually the entire public life of a person to understand. If someone comes in the anonymous complaint letter to write, you could still always draw conclusions about him go. The same applies for someone in his family wants to write a letter, but they do not want to know where he is staying.

Under discussion are also such things as the equipment of cars with 'black boxes?. Of course with the argument that in a theft, the faster car can be found. But this whole movement profiles can be created, no one should think. (Compared to the German motorway toll system)

2.5 Conclusion

According to my research on the Internet, and reading countless articles, and work through the Patriot Act II bill, I can very well understand why President Bush, Dick Cheney and Dennis Hastert this legislation want to keep secret before the Congress and the American citizens.

I can somehow not resist the idea that the government only to the next terrorist act is waiting, then this law but in the whole to be adopted.

While running guarantor rights organizations like the ACLU (American Civil Liberties Union) assault against the current political events in the USA. But despite television, radio and posters, it seems the majority of the American population unbeeintrugt of the laws. Probably the one that lies at the perhaps faulty information to the population and secondly to the fact that one again as a state could be made out to the enemy.

[...] Legal scholars such as Prof. David Cole of Georgetown University warn therefore before the implementation of this legislative package, because the liberal state of the United States would be in danger, with incalculable consequences for the legal culture. [...]

In relation to Germany, however, it is also not different. Many people are simply not enough thought to what they are since September 11, 2001 is taken and is called freedom.

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