With thousands of people dead in attacks on the World Trade Center
and Pentagon and others dead as an apparently hijacked plane crashed in
Pennsylvania, the U.S. desire to take action to improve security is
understandable.
Still the sweeping anti-terror legislation that President Bush signed
into law Oct. 26 raises serious questions and the specter that threats
to America�s cherished freedoms could come from law enforcement, with
these new laws. There has to be a better way for government to respond
to security needs and respect civil liberties.
Under the new legislation, law enforcement agencies get broad, new
investigative surveillance power, reduced need for subpoenas and
court-orders to perform searches, more authority to detain and deport
suspects, along with greater ability to eavesdrop on Internet
communication, monitor financial transactions and obtain electronic
records on individuals.
The American Civil Liberties Union, which supported some aspects of
the "USA Patriot Act of 2001," noted that senators weren�t given a real
opportunity to review the bill. It complains that senators were forced
to view the bill in a take it or leave it manner. The ACLU noted that
with closures on Capitol Hill, it feared congressional staffers were not
be able to provide senators with enough information to make a truly
informed decision.
In addition, the ACLU warns the USA Patriot Act creates a new and
unnecessary definition of "domestic terrorism" that could be used to
prosecute dissenters. It is possible that political protests could be
prosecuted, if those protests are "dangerous to human life," the ALCU
warns, noting that under that definition World Trade Organization,
Environmental Liberation Front and some anti-abortion protests could be
labeled as prosecutable terrorist activities.
"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 perpetrators of these crimes can be prosecuted and subjected
to serious penalties. However, such crimes are not �terrorism,� " the
civil liberties group said.
The other reason that the legislation is worrisome is that signs of
possible abuse and potential targeting of Arab Americans and Muslims had
arisen before this new legislation, which allows detention of terrorism
suspects for up to a week without charges.
Already some 1,000 people have been detained, with fewer than 10 of
them thought to have demonstrable ties to any terrorist attacks,
according to the Council on American Islamic Affairs.
Though a few have been released, there is little information about
who these Muslims and Arabs are. There is also little or no information
on the reasons or circumstances for their detention or arrests, whether
those detained have lawyers, the location of courts where orders to seal
information about detained persons are located and the legal basis that
government authorities are using to get secrecy orders invoked.
A coalition of human rights and civil liberties groups has asked the
government to break its silence and filed a Freedom of Information Act
request to get some questions answered.
Since passage of the Anti-Terrorism Act of 1996, the Immigration and
Naturalization Service has been able to arrest, detain and deport
non-citizens without the source or substance of allegations being
revealed. Before the U.S. "went to war" against terrorism, the vast
majority of those who were held under secret evidence laws were Arab or
Muslims.
Is it a far leap to expect that such abuses will rise with new laws
and a "war" climate in which Arabs, Muslims, or those thought to be
Arabs or Muslims, are quickly seen as potential enemies?