Posted on 08/27/2003 4:16:30 AM PDT by KuernoDeChivo
Posted on Tue, Aug. 26, 2003
Victory Act no triumph for freedom lovers The replacement for Patriot Act II would increase federal powers CHARLES LEVENDOSKY Casper Star-Tribune
Sen. Orrin Hatch, R-Utah, reportedly plans to introduce legislation in September to further expand federal police powers.
The Hatch bill, entitled the Victory Act (Vital Interdiction of Criminal Terrorist Organizations Act), is seen by some to be a substitute for the so-called Patriot Act II -- the Domestic Security Enhancement Act of 2003 -- which was leaked and caused a furor in Congress as well as among liberal and conservative civil liberties groups. A draft copy of the Victory Act has been posted on the Web (www.libertythink.com).
Meanwhile, U.S. Attorney General John Ashcroft is stumping around the country to generate support for the draconian USA Patriot Act of 2001.
Taxpayers are paying for Ashcroft to tell them you're not really losing your liberties and besides we need these powers to catch terrorists. Ashcroft will be trying to sell audiences on granting the federal government even greater law enforcement authority.
The draconian Patriot Act II would have empowered the federal government to conduct secret arrests, collect DNA samples from anyone suspected of terrorism and allow the government to take away an American's citizenship. Despite its comforting title, the June 27 draft of the Victory Act contains similar provisions.
Section 101 creates a new category of crime called "narco-terrorism." A narco-terrorist would be anyone who possesses even the smallest amount of an illegal drug with the intent to distribute it to someone who is -- with or without the dealer's knowledge -- planning to carry out a terrorist attack. Section 103 increases criminal penalties for those convicted of narco-terrorism and other drug-related crimes.
Section 201 prohibits money exchanges through a money-transfer system based on trust called a "hawala." The bill calls hawalas the crime of money-laundering. Hawalas have been used throughout the world for centuries in small, rural communities where banks do not exist.
An immigrant goes to a "thakedar" who initiates the transfer of funds for a 5 percent fee. He contacts (by telephone or e-mail) a thakedar near the immigrant's hometown and confirms that funds are available for transfer. The immigrant's relative then receives the full amount of the transfer at no charge. The thakedars then settle the cash debt between them. The system is based upon trust and leaves no paper trail. In many communities, it is the only way for a son or daughter to send money to the family.
The U.S. government claims that hawalas are used to funnel millions of dollars to terrorist organizations. The unregulated nature of these transfers leaves them open to such charges.
Section 202 makes it a crime to conceal more than $10,000 on one's person or in any private or commercial vehicle with the intent to transport that money across state lines or out of the United States -- if that money was gained in an illegal activity or is "intended to be used to promote some form of unlawful activity." This newly created crime is called "reverse money-laundering."
A person arrested for transporting funds will forfeit the money upon arrest, even if no charges are filed. The bill not only expands the asset forfeiture powers of the federal government, it expands the definition of money-laundering to include offshore banking as a means of tax evasion.
The money-laundering sections of the Victory Act also extend the authority of federal law enforcement officials to issue nonjudicial or administrative subpoenas -- not needing the signature of a judge -- which require the suspect to turn over financial records and appear in a prosecutor's office to answer questions.
The final sections of the Hatch bill limit when unlawfully obtained evidence from wire or oral communications can be thrown out of court. Such evidence can only be suppressed, according to the bill, if it "involved bad faith by law enforcement," meaning a defendant has to prove the federal police intentionally broke the law.
Sections 503 and 504 increase the power of the federal government by expanding its authority to use administrative subpoenas in all terrorism investigations and to force witnesses to testify in order to apprehend fugitives.
Other sections authorize the government to obtain consumer records from telecommunication companies, Internet service providers and financial institutions such as banks. It allows the government to get these business records without a court order. An administrative subpoena for financial records includes a 30-day delay in notifying the person whose records are being investigated.
Finally, Section 505 expands the government's authority to intercept communications. Under this bill, a federal district judge could authorize a roving wiretap warrant to track all a person's wireless communications, including cell phones and laptop communications.
The ironically named Victory Act would not be a victory for freedom loving people. It's really a wish list for those who want more federal police power.
-------------------------------------------------------------------------------- Charles Levendosky is editorial page editor of the Casper (Wyo.) Star-Tribune. Write him at levendos@trib.com.
IMO, nothing.
Carolyn
'Xactly. The problem wasn't a shortage of information, it was institutional and structural problems in analyzing and sharing information. Devising laws to add more infomation is not going to solve the core problem.
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