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U.S.A.P.A.T.R.I.O.T. Act [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism]

MEDIA & DOCUMENTS | USA Patriot Act/ Homeland Security Act of 2002

EPIC maintains a complete archive of material concerning the USA PATRIOT Act.

EFF Analysis of USA Patriot Act That Relate To Online Activities (Oct 31, 2001)

USA PATRIOT Act as Passed by Congress - HR 3162 (Oct. 25, 2001)

The USA PATRIOT Act and Patron Privacy on Library Internet Terminals

Anti-Terrorism Act of 2001 (ATA) PDF file

Welcome to the White House

North Carolina Homeland Security Sec. Bryan Beatty Secretary, Dept of Crime Control and Public Safety Ph: 919-733-2126 Fax: 919-715-8477

ANALYSIS FOR THE HOMELAND SECURITY ACT OF 2002

Homeland Security Act of 2002

Rise of Internet 'Borders' Prompts Fears for Web's Future By Ariana Eunjung Cha - Washington Post Staff Writer - Washington Post, January 4, 2002, Page E01

What is the USA Patriot Act?
Join the Bill of Rights Defense Campaign
The 324 page USA Patriot Act (USAPA), passed soon after 9/11 without proper review or debate by Congress, affords unprecedented powers to George Bush & his Administration. Our rights as citizens & residents of the USA have been thrown by the wayside in favor of a Military State that controls by fear, by force, & by secrecy. The governing principle behind The Constitution of the United States is that it separates the federal government into 3 distinct branches and provides a system of "checks & balances" that prevents any one branch from having too much power.
In addition to using the USPA to override the powers afforded the legislative and judicial branches, (Congress & the Court system) the Executive Branch implemented 11 new Executive Orders & 10 emergency interim agency regulations. These orders further erode individuals' protections and went into effect without Congressional input or public discussion. This is in direct violation of the Constitution. All of these actions are an attack on our Bill of Rights, without which we cease to live in a democracy. The so-called "War on Terror" has seriously compromised the First, Fourth, Fifth and Sixth Amendments of the Bill of Rights. When these rights are violated & the violations are not addressed, the basic structure of the relationship between government & the people is gravely endangered. The first 2 sections concerning the First & Fourth Amendments show the ways in which the USAPA I & II undermine our freedoms granted under the Constitution. Sections 3 & 4, regarding the Fifth & Sixth Amendments, provide information concerning the illegal capture & detention of POWS since 9/11, as well as the illegal & lengthy detention of immigrants & US residents that are suspected of, but not charged with, terrorist connections.

Section I. The 1st Amendment
The 1st Amendment protects our freedom of speech - this includes unlimited access to ideas & the right to express those ideas freely. We have the right to peaceable assembly (demonstrations & other political activity), the right to petition the government for redress of grievances & freedom of religion for all people. Our government is forbidden to investigate a person solely for First Amendment (free speech) activities.
New definitions of domestic terrorism seek to eliminate free speech. Part of the new definition says that "Acts that appear to be intended to influence the policy of a government by intimidation or coercion" are considered illegal. This definition is so vague that acts of civil disobedience may be seen to violate the law. The laws defined under 'domestic terrorism' raise concerns about legitimate protest activity resulting in conviction on terrorism charges, particularly if violence erupts. It seeks to blur the line between freedom of speech & criminal activity. Now, political activists can conceivably be arrested & charged with felony domestic terrorism. Not only that, but the new definitions expose more people to surveillance by both the police & foreign intelligence agencies; people who are not involved in criminal or terrorist activity. If the USAPA II is passed by Congress, our government will have the authority to take American citizenship away from persons who belong to or support political groups that Attorney General John Ashcroft has blacklisted. As of right now, our Constitution forbids this. The USAPA intends to criminalize people's legitimate expressions of their political views.

Section II. The Fourth Amendment
The Fourth Amendment protects us from unreasonable searches & seizures. USAPA infringes on the Fourth Amendment by allowing the police to search our homes & offices when we are not present & without ever informing us.
It allows Americans to be more easily spied upon by US Foreign Intelligence Agencies. Outlawed in the 1970s because of abuses in the McCarthy era, the sharing of information between FBI & CIA is now encouraged. Standards put in place to protect our privacy & rights have been significantly weakened by the USAPA: Traditionally, search warrants had to be very specific to the place that was to be searched. Not so anymore. The same now goes for all surveillance. The PATRIOT ACT expands the governments powers to randomly look at e-mails, spy on our web searches, wiretap telephone conversations, freeze bank accounts, monitor our financial transactions, basically to spy on any US citizen without any warrants or court orders & without the citizen being a suspect in an investigation. So, if you say the wrong word on the telephone or type that word in an e-mail, buy an unfavorable book online or type in a questionable search on Google, you can be put under extensive surveillance without even being the subject of an investigation. The restrictions on FBI infiltration and surveillance of political & religious groups have been relaxed. You can be the subject of an investigation if you go to a rally in support of peace, not war. That means you and me. This is all under the 'War on Terror' & it must be stopped.

Section III. The Fifth Amendment & the Due Process Clause
protect us from unfair trials. It requires thorough explanation of charges. A person cannot be deprived of life, liberty or property without due process in a federal public court. Due process rights are explicitly granted without regard to citizenship or immigration status.
* Interim regulation September 20th allows INS to detain immigrants indefinitely & without charge or due judicial process - a right provided to all people by our Constitution.
* Detainees were held up to 119 days without being notified of the reason for their detainment.
* Detainees were interrogated by force; due process prohibits this.
* Detainees had personal property seized upon detention & not returned.
* Detainees were singled out because of race or religion. 1st Amendment protects religion.
* Executive order Nov. 13th authorizes establishment of military tribunals in place of public federal courts for those that the Bush Administration considers international or domestic terrorists. All the key roles in the military tribunal process are officers designated by the president. This means military officers act as the prosecutor, the defense council & the judge while reporting through the chain of command to the Commander-in-Chief, President George Bush. The military commissions are designed to ensure swift convictions and death sentences on secret evidence with no possibility of appeal. This makes Due Process Impossible.
Not only that, but if the USAPA II is ratified by Congress, no press will be allowed to the trials. Any witnesses, the accused & the attorney are placed under gag order. Whatever the outcome, they can't speak publicly about the trial. Recipients of subpoenas in terrorism investigations are prohibited from disclosing to any other person that they received a subpoena. Our government is also attempting to amend the Freedom of Information Act so that they could prohibit information of individuals under investigation for terrorism from being publicized.
For more information go to: Bill of Rights Defense Committee or www.nyclu.org

Section IV. The Sixth Amendment
protects individuals from unfair trials. It mandates a clear specification of criminal charges being alleged, the opportunity to refute evidence, a speedy trial and unbiased legal representation for the defendant.
The USA PATRIOT ACT infringes on the Sixth Amendment by abriding peoples' rights to effective legal counsel.
Since 9/11, the US government has been racing around the world in an effort to put faces above the names of people they claim are involved in international terrorism. They have rounded up thousands of individuals and brought them to detention camps in and around the US. In so doing they have failed to provide fair treatment to these individuals afforded to them under the Geneva Conventions. Since January 2002, thousands of POWs from Afghanistan were taken to Guantanamo and have been unable either to protect or vindicate violations of their fundamental rights under domestic & international law. The US refuses to accept the laws concerning POWs put forth during the Geneva Conventions. The convention requires that individuals captured during an international armed conflict are presumed to be POWs until a competent trial determines otherwise. The US treatment of the Guantanamo detainees violates virtually every human rights law. The US has denied the detainees contact with their family members, failed to notify them of the charges they are facing, have refused to allow for judicial review of the detentions, seek through USAPA to hold them indefinately, and denied them private legal counsel. Interim regulation October 31st allows federal agents to monitor privileged attorney-client communications without informing them, even if the client has not been charged with a crime. All that is required is approval of Attorney General John Ashcroft - crafter of the Patriot Act. The military tribunals established by George Bush through Executive Order could begin the secret trials at any time even though the detainees have not been allowed to prepare for a fair defense. If it has come into public view in the last five years of the glaring inadequacies of our own US public justice system - having placed on death row hundreds of individuals that were later cleared of charges or determined innocent after death - then imagine the opportunity for gross mistakes in our name of these human beings if they are tried in secret in the Military Court.

No matter how George Bush explains the measures taken in the name of 'national security', there is no way that these unlawful acts committed by our government will provide any citizen of this world increased security. There must be a balance in the need to govern effectively while still maintaining individual rights & freedoms. This government has failed in its responsibility to remain accountable to its people & the people of this world. Now, it is our reponsibility to demand the repeal of this unconstitutional law & not allow the passage of an even more atrocious 132 page USA PAtriot Act II (also known as the Domestic Security Enhancement Act of 2003). In NY, support Resolution 649 to repeal USAPA. Support ani-war resolution 549 - find Council members at www.cmap.nypirg.org. For anti-war resolutions in your area, go to Citizens for Peace

Section I.	The 1st Amendment The 1st Amendment protects our freedom of speech - this includes unlimited access to ideas & the right to express those ideas freely. We have the right to peaceable assembly (demonstrations & other political activity), the right to petition the government for redress of grievances & freedom of religion for all people. Our government is forbidden to investigate a person solely for First Amendment (free speech) activities. New definitions of domestic terrorism seek to eliminate free speech. Part of the new definition says that "Acts that appear to be intended to influence the policy of a government by intimidation or coercion" are considered illegal. This definition is so vague that acts of civil disobedience may be seen to violate the law. The laws defined under 'domestic terrorism' raise concerns about legitimate protest activity resulting in conviction on terrorism charges, particularly if violence erupts. It seeks to blur the line between freedom of speech & criminal activity. Now, political activists can conceivably be arrested & charged with felony domestic terrorism. Not only that, but the new definitions expose more people to surveillance by both the police & foreign intelligence agencies; people who are not involved in criminal or terrorist activity. If the USAPA II is passed by Congress, our government will have the authority to take American citizenship away from persons who belong to or support political groups that Attorney General John Ashcroft has blacklisted. As of right now, our Constitution forbids this. The USAPA intends to criminalize people's legitimate expressions of their political views.
Section II.	The Fourth Amendment The Fourth Amendment protects us from unreasonable searches & seizures. USAPA infringes on the Fourth Amendment by allowing the police to search our homes & offices when we are not present & without ever informing us. It allows Americans to be more easily spied upon by US Foreign Intelligence Agencies. Outlawed in the 1970s because of abuses in the McCarthy era, the sharing of information between FBI & CIA is now encouraged. Standards put in place to protect our privacy & rights have been significantly weakened by the USAPA: Traditionally, search warrants had to be very specific to the place that was to be searched. Not so anymore. The same now goes for all surveillance. The PATRIOT ACT expands the governments powers to randomly look at e-mails, spy on our web searches, wiretap telephone conversations, freeze bank accounts, monitor our financial transactions, basically to spy on any US citizen without any warrants or court orders & without the citizen being a suspect in an investigation. So, if you say the wrong word on the telephone or type that word in an e-mail, buy an unfavorable book online or type in a questionable search on Google, you can be put under extensive surveillance without even being the subject of an investigation. The restrictions on FBI infiltration and surveillance of political & religious groups have been relaxed. You can be the subject of an investigation if you go to a rally in support of peace, not war. That means you and me. This is all under the 'War on Terror' & it must be stopped.
Section III.	The Fifth Amendment & the Due Process Clause protect us from unfair trials. It requires thorough explanation of charges. A person cannot be deprived of life, liberty or property without due process in a federal public court. Due process rights are explicitly granted without regard to citizenship or immigration status. * Interim regulation September 20th allows INS to detain immigrants indefinitely & without charge or due judicial process - a right provided to all people by our Constitution. * Detainees were held up to 119 days without being notified of the reason for their detainment. * Detainees were interrogated by force; due process prohibits this. * Detainees had personal property seized upon detention & not returned. * Detainees were singled out because of race or religion. 1st Amendment protects religion. * Executive order Nov. 13th authorizes establishment of military tribunals in place of public federal courts for those that the Bush Administration considers international or domestic terrorists. All the key roles in the military tribunal process are officers designated by the president. This means military officers act as the prosecutor, the defense council & the judge while reporting through the chain of command to the Commander-in-Chief, President George Bush. The military commissions are designed to ensure swift convictions and death sentences on secret evidence with no possibility of appeal. This makes Due Process Impossible. Not only that, but if the USAPA II is ratified by Congress, no press will be allowed to the trials. Any witnesses, the accused & the attorney are placed under gag order. Whatever the outcome, they can't speak publicly about the trial. Recipients of subpoenas in terrorism investigations are prohibited from disclosing to any other person that they received a subpoena. Our government is also attempting to amend the Freedom of Information Act so that they could prohibit information of individuals under investigation for terrorism from being publicized. For more information go to: Bill of Rights Defense Committee or www.nyclu.org
Section IV.	The Sixth Amendment protects individuals from unfair trials. It mandates a clear specification of criminal charges being alleged, the opportunity to refute evidence, a speedy trial and unbiased legal representation for the defendant. The USA PATRIOT ACT infringes on the Sixth Amendment by abriding peoples' rights to effective legal counsel. Since 9/11, the US government has been racing around the world in an effort to put faces above the names of people they claim are involved in international terrorism. They have rounded up thousands of individuals and brought them to detention camps in and around the US. In so doing they have failed to provide fair treatment to these individuals afforded to them under the Geneva Conventions. Since January 2002, thousands of POWs from Afghanistan were taken to Guantanamo and have been unable either to protect or vindicate violations of their fundamental rights under domestic & international law. The US refuses to accept the laws concerning POWs put forth during the Geneva Conventions. The convention requires that individuals captured during an international armed conflict are presumed to be POWs until a competent trial determines otherwise. The US treatment of the Guantanamo detainees violates virtually every human rights law. The US has denied the detainees contact with their family members, failed to notify them of the charges they are facing, have refused to allow for judicial review of the detentions, seek through USAPA to hold them indefinately, and denied them private legal counsel. Interim regulation October 31st allows federal agents to monitor privileged attorney-client communications without informing them, even if the client has not been charged with a crime. All that is required is approval of Attorney General John Ashcroft - crafter of the Patriot Act. The military tribunals established by George Bush through Executive Order could begin the secret trials at any time even though the detainees have not been allowed to prepare for a fair defense. If it has come into public view in the last five years of the glaring inadequacies of our own US public justice system - having placed on death row hundreds of individuals that were later cleared of charges or determined innocent after death - then imagine the opportunity for gross mistakes in our name of these human beings if they are tried in secret in the Military Court.