Since the events of September 11th there have been a number of subtle changes in American society, primarily in our attitudes about the world. For some of us, the heinous acts of that day served as a catalyst to begin trying to understand the world we live in better, for others it was an excuse to withdraw further into a world of pseudo-nationalism, xenophobia, and ignorance. And still for others, the people running this country, it was an opportunity to seize upon the fear, anger, and grief of American society to pass the repressive measures and laws that they have sought after for a long time. The primary measure taken was passed in 2001 under the dubious title The USA Patriot Act of 2001 (H.R. 3162). The actual text of the document is rather long and draped in some legal terminology, but you don't need to read every line to get the key points (although I encourage you to read it for yourself). So here is what happened while your eyes were wide shut.

I.Expanded Surveillance With Reduced Checks and Balances. USAPA expands all four traditional tools of surveillance - wiretaps, search warrants, pen/trap orders and subpoenas ("pen register" devices capture phone numbers dialed on outgoing telephone calls and "trap and trace" devices capture the numbers of incoming calls). Their counterparts under the Foreign Intelligence Surveillance Act (FISA) that allow spying in the U.S. by foreign intelligence agencies have similarly been expanded. This means:

(a)Be careful what you put in that search engine. The government may now spy on the web surfing of innocent Americans, including terms entered into search engines, by merely telling a judge anywhere in the U.S. that the spying could lead to information that is "relevant" to an ongoing criminal investigation. The person spied on does not have to be the target of the investigation, this application must be granted, and the government is not obligated to report to the court or tell the person spied up what it has done. The new law also permits any State Attorney General to order the installation of the FBI's Carnivore Internet surveillance system, which also has the capacity to capture the contents of email messages. The agency says the public must trust that investigators will not review this information. But if you're reading this and have any concept of recent American history you will recall that the government has a history of launching investigations against political dissidents. These include the FBI investigations of Martin Luther King, El-Hajj Malik Shabazz (Malcolm X), and other civil rights leaders, illegal spying on anti-war protesters in the 1960s and 1970s, illegal spying on and repression of Native American and African American civil rights groups, and surveillance on the sanctuary movement that provided asylum for those fleeing Central American death squads during the 1980s. This is just a short list of spying targets built on information that has been released and is publicly known, but I will leave the rest of the list to your imagination.

(b)Nationwide roving wiretaps. The FBI and CIA can now go from phone to phone, computer to computer, without demonstrating that each is even being used by a suspect or target of an order. The government may now serve a single wiretap, FISA wiretap or pen/trap order on any person or entity nationwide, regardless of whether that person or entity is named in the order. The government need not make any showing to a court that the particular information or communication to be acquired is relevant to a criminal investigation. In the pen/trap or FISA situations, they do not even have to report where they served the order or what information they received.

(c)Nationwide roving wiretaps. The FBI and CIA can now go from phone to phone, computer to computer, without demonstrating that each is even being used by a suspect or target of an order. The government may now serve a single wiretap, FISA wiretap or pen/trap order on any person or entity nationwide, regardless of whether that person or entity is named in the order. The government need not make any showing to a court that the particular information or communication to be acquired is relevant to a criminal investigation. In the pen/trap or FISA situations, they do not even have to report where they served the order or what information they received.

(d)New definitions of terrorism expand scope of surveillance. One new definition of terrorism and three expansions of previous terms also expand the scope of surveillance. They are (1) SEC. 802 definition of "domestic terrorism" (amending 18 USC 2331), which raises concerns about legitimate protest activity resulting in conviction on terrorism charges, especially if violence erupts; adds to 3 existing definition of terrorism (int'l terrorism per 18 USC 2331, terrorism transcending national borders per 18 USC 2332b, and federal terrorism per amended 18 USC 2332b. These new definitions also expose more people to surveillance (and potential "harboring" and "material support" liability, SEC 803, 805).

II.Search and Seizure:

(a)Police can now obtain court orders to conduct so-called "sneak and peak" searches of homes and offices. This allows them to break in, examine and remove or alter (plant) items without immediately, if ever, presenting owners with a warrant detailing what they were entitled to do and where.

(b)Government's power of search and seizure also extends to the examination of records. Authorities can browse medical, financial, educational or even library records without showing evidence of a crime. The law overrides existing state and federal privacy laws if the FBI claims that the information is connected to an intelligence investigation. In addition, credit reporting firms like Equifax must disclose to the FBI any information that agents request in connection with a terrorist investigation, without the need for a court order.

(c)Biometric technology, such as fingerprint readers or iris scanners, will become part of an "integrated entry and exit data system" to identify visa holders entering the United States.

III.Over breadth with a lack of focus on terrorism. Several provisions of the USAPA have no apparent connection to preventing terrorism. These include:

(a)Government spying on suspected computer trespassers with no need for court order. USAPA SEC. 217.

(b)Adding samples to DNA database for those convicted of "any crime of violence." USAPA SEC. 503. The provision adds collection of DNA for terrorists, but then inexplicably also adds collection for the broad, non-terrorist category of "any crime of violence". And don't think this is a just a Republican thing because Slick Willy a.k.a. former President Bill Clinton was no slouch when it came to the attaching of seemingly unrelated things to laws. You might want to check up on his 1996 "Anti-Terrorism and Effective Death Penalty Act".

(c)Wiretaps now allowed for suspected violations of the Computer Fraud and Abuse Act. This includes anyone suspected of "exceeding the authority" of a computer used in interstate commerce, causing over $5000 worth of combined damage.

(d)Dramatic increases to the scope and penalties of the Computer Fraud and Abuse Act. This includes: (1) raising the maximum penalty for violations to 10 years (from 5) for a first offense and 20 years (from 10) for a second offense; (2) ensuring that violators only need to intend to cause damage generally, not intend to cause damage or other specified harm over the $5,000 statutory damage threshold; (3) allows aggregation of damages to different computers over a year to reach the $5,000 threshold; (4) enhance punishment for violations involving any (not just $5,000) damage to a government computer involved in criminal justice or the military; (5) include damage to foreign computers involved in US interstate commerce; (6) include state law offenses as priors for sentencing; (7) expand definition of "loss" to expressly include time spent investigating, responding, for damage assessment and for restoration. In addition, the current definition of terrorism has been expanded to include hacking into a U.S. government computer system or breaking into and damaging any Internet-connected computer. Prison terms of between five to 20 years can now be used to prosecute the new crime of "cyberterrorism", which covers hacking attempts causing $5,000, in aggregate value in one year, of damage to medical equipment or injury to any person.

(e)RICO Law: New legislation also allows terrorism crimes by members of organizations to be used to shut down those (otherwise legal) organizations under the Racketeer Influenced and Corrupt Organization (RICO) Law.

IV.It ain't temporary either! Legislators who voted for the USA Patriot Act pointed out that the most controversial surveillance sections would expire in 2005. However, I think Vice President Cheney put it best when questioned about some of the new legislation, stating “Many of the steps we have now been forced to take become permanent in American life, I think of it as the new normalcy”. What legislators also fail to mention is that these so-called "sunset provisions" do not apply to a number of things.

(a)They do not apply to the sharing of grand jury information, giving the CIA the permanent benefits of grand jury powers.

(b)The so-called "sneak and peak searches" are permanent as well.

(c)The sunset provisions do not apply to ongoing cases. This means that intelligence investigations, which often run for years, would continue to operate under the law even if provisions are not extended past 2005.

(d)Also exempted are any future investigations of crimes that took place before this date.

(e)Internet surveillance via "pen register" devices and "trap and trace" devices are also exempt from the sunset provisions.

Meanwhile, on December 6th in his testimony before the Senate, Attorney General John Ashcroft displayed his total lack of tolerance for dissent: “To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve They give ammunition to America's enemies and pause to America's friends". In essence your Attorney General, budding fascist that he is, is saying that anyone who isn't down with these ludicrous changes is a traitor. Well in the mortal words of Redman, "I'll Be Dat, I'll Be Dat!”

Unfortunately the bad news doesn't stop here. In an October 31st, 2001 directive, Attorney General Ashcroft authorized the monitoring of conversations between lawyers and clients by federal agents, if there is a "reasonable suspicion" that the individual is involved in "violence or terrorism". This measure will also affect U.S. citizens and foreign nationals, and it applies to convicts as well as to people who have not yet been convicted of crimes, such as those held as material witnesses or for minor immigration violations. Say goodbye to the principle of "lawyer-client" privilege.

Next on November 13th, 2001, President Bush signed an order that set up special military tribunals to try non-U.S. citizens who are charged with "terrorism". Some of the basic features of these tribunals include:

(a)The military tribunal process can be secret and doesn't have to provide the same constitutional protections as regular trials. Cases can be heard in secret. Hearsay and evidence that civilian courts may deem illegal may be permissible ("Kangaroo Courts")

(b)President Bush alone would decide who should come before these courts.

(c)Anyone captured by U.S. forces around the world and accused of "terrorism" can be brought before a military tribunal which may be held outside the U.S. or on U.S. military ships.

(d)A majority of only two-thirds of the presiding officers would be required to convict, or to impose a death sentence and there would be NO right to appeal to any other court.

But I guess it's all-good though, because as Vice President, Cheney declared, people who are subject to military tribunals “don't deserve the same guarantees and safe guards that would be used for an American citizen going through the normal judicial process”. Well there goes "innocent until proven guilty".

With a couple of pen strokes the current administration has wiped out some basic rights supposedly guaranteed under American law, even to non-citizens. Even U.S. Senator Arlen Specter and his colleagues chided a Bush administration official for keeping them in the dark about plans to establish military tribunals to try accused terrorists. Several senators complained that Attorney General John Ashcroft, a former senator from Missouri, failed to tell them that a presidential order on tribunals was in the works when he urged them to pass new anti-terrorism measures last month.

Perhaps I'm paranoid (or just paying attention) but the shortcomings of all this new legislation seem more than obvious. There is no evidence or clear linkage between most of these new laws, edicts, decrees, etc that implies that they would or could have done anything to prevent what happened on September 11th. What is becoming clear however, is that the ruling elite of this nation have used the events of September 11th to take another step toward the establishment of a police state where dissent and meaningful debate will not be tolerated. In the approximate 18-month period, preceding 9/11 there was (and still is) a strong uneasiness if not outright resistance to the promotion of world capitalism and domination by the few. This dissent was highlighted by the worldwide protest against organizations such as the International Monetary Fund (IMF), World Bank, and World Trade Organization (WTO) who promote the domination of most aspects of life by wealthy corporations, under the false label of "Globalization and Free Trade". This discontent would have only been made stronger by the failing economy, massive layoffs, tax breaks for the wealthy, and the disappearance of the budget surplus which all started long before madmen started blowing up skyscrapers.

In the couple of weeks immediately following 9/11 the government rounded up and detained over 1,000 individuals primarily of "middle eastern" background about one half of whom are still in custody some on immigration charges. In addition the justice department has announced it has compiled a list of more than 5,000 men who the government believes "might have information about the attacks on the World Trade Center and Pentagon" (obviously a list of 5,000 isn't based on any solid grounds). Attorney General Ashcroft claimed that the innocent have nothing to fear- they are only wanted for questioning. People are not "legally" required to answer questions from the FBI or other Federal agencies but one can imagine the consequences of not cooperating. Meanwhile, the President goes on television and preaches messages of tolerance and discourages blanket condemnations of Muslims and "arabs" it's almost cynical.

So this is how it begins, the perpetual "anywhere in the World War" for domination of oil and gas resources begins anew under the cover of fighting terrorism; 'freedoms' at home are slowly eroded under the cover of fighting terrorism; and the means of protest are slowly made illegal under the cover of fighting terrorism. This whole thing reminds of a book I read a long time ago called 1984 by George Orwell, and if we don't do something about it may very well end the same.

The views and opinions expressed herein by the author do not necessarily represent the opinions or position of Playahata.com.