Interested Persons Memo: Section-by-Section Analysis of Justice Department draft
“Domestic Security Enhancement Act of 2003,” also known as “PATRIOT Act II”
February 14, 2003
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11835&c=206LONG BUT DETAILED DISCUSSION!
Patriot II: The Sequel Why It's Even Scarier than the First Patriot Act
By ANITA RAMASASTRY
<snip> What if you're lucky enough discover that you've been illegally spied on, in violation of your Fourth Amendment rights? Too bad. Patriot II would provide immunity from liability to law enforcement engaging in spying operations against the American people. The proposed act provides a defense for federal agents who engage unauthorized searches and surveillances relating to foreign intelligence when they are acting "pursuant to a lawful authorization from the President or the Attorney General."
What if a disgruntled business competitor chooses to falsely claim to the government that you're a "suspected terrorist"? Again, too bad. Don't consider suing the competitor, no matter what consequences ensure Patriot II eliminates civil liability for businesses and employees that report "suspected terrorists" to the federal government, no matter how malicious or unfounded the tip may be. <snip>
Suppose you, as a citizen, attended a legal protest for which one of the hosts, unbeknownst to you, is an organization the government has listed as terrorist. Under Patriot II, you may be deported and deemed no longer an American citizen. <snip>
http://writ.news.findlaw.com/ramasastry/20030217.htmlPatriot II's Attack on Citizenship
By JOANNE MARINER
A basic principle of American democracy is that members of government serve at the behest of the citizenry, and not vice-versa. The people, being sovereign, can use their votes to "throw the bastards out," even though the government has no reciprocal power to jettison disfavored citizens.
Our leadership may distrust or despise certain people, but it cannot strip them of their citizenship involuntarily. Murderers, child molesters, and tax evaders are subject to criminal punishment, not denationalization.
Yet with the Domestic Security Enhancement Act, informally known as "Patriot II," this basic rule is under attack. The draft legislation, the Justice Department's proposed sequel to the 2001 USA Patriot Act, was recently made public after being leaked to the Center for Public Integrity. As Anita Ramasastry explained in a previous column for this site, the bill would go well beyond its predecessor in threatening essential civil liberties.
Among Patriot II's most worrying provisions are those affecting citizenship. Section 501 of the bill, deceptively titled "Expatriation of Terrorists," would provide for the presumptive denationalization of American citizens who support the activities of any organization that the executive branch has deemed "terrorist." While it is already illegal to provide material support to such groups, even for their lawful activities, such support is considered grounds only for criminal prosecution, not for the loss of citizenship. <snip>
http://writ.news.findlaw.com/ramasastry/20030217.html