Posted on 02/10/2003 1:47:39 PM PST by A Patriot Son
CONFIDENTIAL -- NOT FOR DISTRIBUTION
Draft--January 9, 2003
DOMESTIC SECURITY ENHANCEMENT ACT OF 2003 SECTION-BY-SECTION ANALYSIS
Title I: Enhancing National Security Authorities Subtitle A: Foreign Intelligence Surveillance Act Amendments
Section 101: Individual Terrorists as Foreign Powers. Under 50 U.S.C. § 1801(a)(4), the definition of "foreign power" includes groups that engage in international terrorism, but does not reach unaffiliated individuals who do so. As a result, investigations of "lone wolf" terrorists or "sleeper cells" may not be authorized under FISA. Such investigations therefore must proceed under the stricter standards and shorter time periods set forth in Title III, potentially resulting in unnecessary and dangerous delays and greater administrative burden.
This provision would expand FISA's definition of "foreign power" to include all persons, regardless of whether they are affiliated with an international terrorist group, who engage in international terrorism.
Section 102: Clandestine Intelligence Activities by Agent of a Foreign Power. FISA currently defines "agent of a foreign power" to include a person who knowingly engages in clandestine intelligence gathering activities on behalf of a foreign power--but only if those activities "involve or may involve a violation of" federal criminal law. Requiring the additional showing that the intelligence gathering violates the laws of the United States is both unnecessary and counterproductive, as such activities threaten the national security regardless of whether they are illegal. This provision would expand the definitions contained in 50 U.S.C. § 1801(b)(2)(A) & (B). Any person who engages in clandestine intelligence gathering activities for a foreign power would qualify as an "agent of a foreign power," regardless of whether those activities are federal crimes.
Section 103: Strengthening Wartime Authorities Under FISA. Under 50 U.S.C. §§ 1811, 1829 & 1844, the Attorney General may authorize, without the prior approval of the FISA Court, electronic surveillance, physical searches, or the use of pen registers for a period of 15 days following a congressional declaration of war. This wartime exception is unnecessarily narrow; it may be invoked only when Congress formally has declared war, a rare event in the nation's history and something that has not occurred in more than sixty years. This provision would expand FISA's wartime exception by allowing the wartime
Expansion of Patriot Act Criticized; Would Increase Spying, Restrict Data, Limit Judicial Review
Justice Dept. Drafts Sweeping Expansion of Anti-Terrorism Act
Post #65 was my search of the site that first published this, and bill moyer was also behind this.
Until now, few people outside of the department, not even members of key congressional committees have seen this draft legislation. It could lead to increased surveillance and greater secrecy - all in the name of the war on terror. It raises questions about how we balance liberty and security - the rights of individuals versus the rule of law.
Non-partisan. bwahahahahahaha, here, let me re-post my coments from the other day. Some of the non-partisan board members and other non-partisan information.
I wouldn't trust this article as far as I can spit. Take the second paragraph.
The Center for Public Integrity has obtained a draft, dated January 9, 2003, of this previously undisclosed legislation and is making it available in full text (12 MB). The bill, drafted by the staff of Attorney General John Ashcroft and entitled the Domestic Security Enhancement Act of 2003, has not been officially released by the Department of Justice, although rumors of its development have circulated around the Capitol for the last few months under the name of “the Patriot Act II” in legislative parlance.
Have you looked at who this source is? This article, and the discussion you all are engaging in was put out there to divided conservatives. It's a spin piece. Take a look at this Center for Public Integrity, take a look at their connections. This is just a sample. Now, I have to clean out my files.
"The Center for Public Integrity
The mission of the Center for Public Integrity is to provide the American people with the findings of our investigations and analyses of public service, government accountability and ethics related issues.
The Centers books, studies and newsletters combine political science and investigative reporting, unfettered by the usual time and space constraints. Through its hard-earned reputation for "public service journalism," the Center aims to produce high-quality, well-documented, investigative research resulting in a better-informed citizenry that demands a higher level of accountability from its government and elected leaders. The Center also extends globally its style of watchdog journalism in the public interest through the International Consortium of Investigative Journalists (ICIJ). Created in 1997, ICIJ includes more than 80 leading investigative reporters and editors in over 40 countries.
Since opening its doors in downtown Washington, D.C. in 1990, the Center has released more than 100 investigative studies including 10 books. Four of them were finalists in the best investigative book category for the prestigious Investigative Reporters and Editors (IRE) award. In 1999, Animal Underworld won that prize. Another book, Citizen Muckraking provides ordinary Americans a step-by-step guide on how professionals, such as journalists and lawyers, gather information on ethical lapses of corporate and government groups. The March 2001 book, The Cheating of America, documents how wealthy individuals and corporations avoid paying their fair share of taxes. The Center's report, "Our Private Legislatures: Public Service, Personal Gain," was the winner of the 2000 IRE Award for outstanding investigative reporting in the online category. In two of the last three years, ICIJ reports have been IRE finalists. The Center's most recent publication, Capitol Offenders is the first book-length investigation of state lawmakers' outside interests and the influence of industry lobbying on legislative decision-making.
JOSIE GOYTISOLO co-founded and served as the CEO of Divina.com, an online women’s network for the United States, Latin America and Spain. The four-time Emmy winner was an executive producer at WPLG-TV, Channel 10, in Miami. Prior to that, she was news director of the Miami-based Telemundo Television Network.
CHARLES LEWIS, the founder and executive director of the Center for Public Integrity, did investigative reporting for 11 years at ABC News and CBS News, where he was a producer for 60 Minutes. The author of numerous Center books and studies, Lewis was awarded a MacArthur Fellowship in 1998.
SUSAN LOEWENBERG is the founder and producing director of L.A. Theatre Works, a nonprofit organization that provides cultural programming for public radio and outreach programming for children and at-risk youth. She has produced over 500 hours of radio dramas broadcast on National Public Radio, the BBC, Voice of America and other outlets.
PAULA MADISON is the first African American woman to become general manager at a network-owned station in a top five market. In addition to being President and General Manager of NBC4 in Los Angeles, she was named Regional General Manager for the three NBC/Telemundo television stations in Los Angeles in April 2002. Until May 2002, Madison was the Vice President and Senior Vice President of Diversity for NBC.
CHARLES PILLER, co-founding Board member and chairman, is an investigative journalist specializing in science and technology. An author of two books, he is currently a science writer for the Los Angeles Times, based in San Francisco.
ALLEN PUSEY, special projects editor for the Washington Bureau of The Dallas Morning News and Belo Broadcasting, was one of the first reporters to uncover the Savings & Loan scandal in the early 1980s. Pusey has received numerous awards for his coverage of local and national issues
BEN SHERWOOD is a bestselling author and former senior broadcast producer of the NBC Nightly News with Tom Brokaw. While at NBC, his efforts were honored three years in a row with the Edward R. Murrow Award for best newscast and several national news Emmys. From 1989 to 1993 he worked as an investigative producer with ABC News' PrimeTime Live in New York and Washington.
MARIANNE SZEGEDY-MASZAK, senior editor of U.S. News & World Report, was an Alicia Patterson Fellow in 1992. As a Pulitzer Traveling Fellow in 1986, she lived in Hungary and covered Central Europe for Newsweek and ABC Radio. A former journalism instructor at the American University School of Communication, she has written extensively for a number of major magazines and newspapers.
ISABEL WILKERSON won the Pulitzer Prize for feature writing in 1994 when she was Chicago bureau chief of The New York Times. She won the 1993 George Polk Award for regional reporting and was the National Association of Black Journalists’ 'Journalist of the Year' in 1994. In 1996-97, she was Ferris Professor of Journalism at Princeton University. Wilkerson is on leave from the Times, working on a book on the migration of African Americans from the South to the North.
I'll still wait for the actual document, thank you, direct from Justice so I can read it myself. If I had listened to William Safire about the Homeland Security Act, I would believe that the act created all the legal and funding mechanisms for TIA, when it did nothing of the sort - instead, the Homeland Security Act was a turning point for federal overreaction and legislative exploitation after 9/11.
Face it. There are people around here so completely paralyzed by paranoia that they will gladly believe anything bad about "the gub'mint".
The bill, drafted by the staff of Attorney General John Ashcroft and entitled the Domestic Security Enhancement Act of 2003,
However, upon skimming the proposed "bill", my impression is that it is not written like legislation. For example, take the very first item:
Section 101: Individual Terrorists as Foreign Powers. Under 50 U.S.C. § 1801(a)(4), the definition of "foreign power" includes groups that engage in international terrorism, but does not reach unaffiliated individuals who do so. As a result, investigations of "lone wolf" terrorists or "sleeper cells" may not be authorized under FISA. Such investigations therefore must proceed under the stricter standards and shorter time periods set forth in Title III, potentially resulting in unnecessary and dangerous delays and greater administrative burden.
Having read the entire Homeland Security Act twice, legislation for the most part doesn't talk about laws like the above paragraph does, it just up and changes them. This piece comes across as analysis, not proposed legislation.
You should understand that this is NOT draft legislation.
It's interesting though as a look into the problems they're having in the terrorism fight.
At least wait until Ashcroft has decided what he wants to ask for from the congress, where legislation is drafted, before jumping on him. Maybe you could call it a preliminary draft of a proposed draft proposal.
I spotted that later, post #20.
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