A new bill is expected to pass in the US Congress, which would formally allow for the indefinite detention of anyone, including American citizens, as long as the government deems them terrorists.
| "The enemy can't defeat us militarily. They don't have the firepower to defeat us militarily. The only way they can defeat us is to cause us to change ourselves and that is a self-inflicted wound." - John Hutson, a retired US naval officer |
It goes to the heart of the question which has plagued US governments for a decade: how to keep Americans safe from a terrorist attack while at the same time holding up the American ideal of liberty for its citizens.
Since 9/11, the US has held "enemy combatants" at the Guantanamo Bay military detention centre, where many are still held without trial. But this proposed bill would expand the list of those who could be detained, from those with a direct connection to 9/11, to anyone suspected of substantially supporting al-Qaeda or any associated forces.
Perhaps the most controversial clause in the bill is the one that would formally allow for US citizens to be detained indefinitely. Americans, too, could potentially face military court on terrorism-related charges.
Critics say the military should protect Americans rather than roaming their streets. And while the bill says suspects can be held until the 'war on terror' is over, no one says how or when that will happen. By giving the military more power, some complain that the bill could also hamper Federal Bureau of Investigation (FBI) and local law enforcement investigations.
Since 9/11, the US has held "enemy combatants" at the Guantanamo Bay military detention centre, where many are still held without trial. But this proposed bill would expand the list of those who could be detained, from those with a direct connection to 9/11, to anyone suspected of substantially supporting al-Qaeda or any associated forces.
Perhaps the most controversial clause in the bill is the one that would formally allow for US citizens to be detained indefinitely. Americans, too, could potentially face military court on terrorism-related charges.
Critics say the military should protect Americans rather than roaming their streets. And while the bill says suspects can be held until the 'war on terror' is over, no one says how or when that will happen. By giving the military more power, some complain that the bill could also hamper Federal Bureau of Investigation (FBI) and local law enforcement investigations.
"The primary question is do we feel safe, has the menace of global jihad ... been destroyed? If you think that we're still not safe ... then you're going to be on the side of actually providing and maintaining those tools that are needed to protect the US from further attacks. "
- Sebastian Gorka, a military affairs analyst
America's political class has fostered and lived in fear since September 11 2001 which resulted in the passage and updating of several laws which would, if challenged not met Constitutional muster.
Scope and limitsFor most purposes, including electronic surveillance and physical searches, "foreign powers" means a foreign government, any faction(s) or foreign governments not substantially composed of US persons, and any entity directed or controlled by a foreign government. §§1801(a)(1)-(3) The definition also includes groups engaged in international terrorism and foreign political organizations. §§1801(a)(4) and (5). The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism. See §1802(a)(1) (referring specifically to §1801(a)(1), (2) and (3)).
The statute includes limits on how it may be applied to US persons. A "US person" includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the US.
The code defines "foreign intelligence information" to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism.[7]In sum, a significant purpose of the electronic surveillance must be to obtain intelligence in the U.S. on foreign powers (such as enemy agents or spies) or individuals connected to international terrorist groups. To use FISA, the government must show probable cause that the “target of the surveillance is a foreign power or agent of a foreign power.
Title I: Enhancing Domestic Security against TerrorismMain article: USA PATRIOT Act, Title ITitle I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the FBI's Technical Support Center. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with the President's authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D-IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included "the prayer of Cardinal Theodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that 'We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.'[24] Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.[25]
Protect America Act of 2007
Warrant and notification requirementsThe bill amended FISA to substitute the requirement of a warrant to conduct surveillance with a system of NSA (National Security Agency) internal controls.[9]The bill required notification to the FISA Court of warrantless surveillance within 72 hours of any authorization. The bill also required that "a sealed copy of the certification" be sent which would "remain sealed unless the certification is needed to determine the legality of the acquisition."[9][edit]Domestic wiretappingThe bill allowed the monitoring of all electronic communications of people in the United States without a court's order or oversight, so long as it is not targeted at one particular person "reasonably believed to be" inside the country.[1][10][11]
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