Proposed PatriotActII will threaten civil liberties How much freedom should Americans relinquish in order to preserve it? The Patriot Act II represents the greatest threat to individual rights and freedoms as the federal government seeks higher levels of secrecy and powers to combat terrorism.
Acknowledging that acts of terrorism represent grave dangers to Americans at home and abroad, the proposed legislation - drafted by the Justice Department as the Domestic Security Enhancement Act of 2003 - goes beyond reason in its powers to locate and apprehend terrorists. Through this legislation, Justice Department officials could trample the basic rights of all American citizens. Patriot Act II would broadly expand the government's surveillance and detention powers. It calls for the creation of a terrorist DNA database and allows the attorney general to revoke citizenship of those who provide "material support" to terrorist groups.
Privacy advocates maintain the bill guts the Fourth Amendment. Among other things, the government could stop Freedom of Information Act efforts to get information about detainees. It also allows the government to collect DNA samples from suspected terrorists, including anyone associating with suspected terrorist groups; strip citizenship from people lawfully supporting groups alleged to be engaging in terrorism; and invalidate state consent decrees seeking to curb police spying. It amounts to an open license for more government snooping, detaining and harassment.
The fight against terrorism has left many Americans ambivalent to the fact that their constitutional protections are being seriously threatened. American citizens don't know, at this point, whether the original USA Patriot Act, enacted in 2001, is even working. Congress and every American citizen have good reasons to be skeptical and concerned about this legislation.
According to the Justice Department, "It should not be surprising that the Justice Department discusses additional tools to protect the American people." Domestic wiretapping without court order? Secretly detaining citizens? Access to a citizen's credit reports? That's only part of it.
Patriot Act II would abolish federal court "consent decrees" that limit police surveillance of non-criminal organizations and public events, criminalize the use of encryption software in the commission or planning of a felony and apply strict gag rules to those subpoenaed by a grand jury.
Benjamin Franklin, an architect of America's documents of freedom, said, "The man who trades freedom for security does not deserve, nor will he ever receive, either." The citizens of the United States should remember this and other warnings from our nation's founders.
The costs to catch terrorists shouldn't come at this high of a price to individual liberties.
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