Saturday, March 10, 2007

The Constitution vs. The Patriot Act



The main purpose of the U.S. Constitution is to "protect minorities (racial, religious, property owners and the rich) from the tyranny of abuse via majority rule. The Constitution protects our privacy and property rights from being abridged by arbitrary “majority rule" and puts a limit or restricts the powers of the state. As clearly stated below the Patriot Act violates four of the amendments in the Constitution.
For example in the Patriot Act, Sections 203,206,213 and 218 violate the fourth amendment. Section 203 violates it because it is permiting law enforcement to give CIA sensitive information gathered in criminal investigations,including wiretaps and internet trapping. It may also be misused because no court order is required. CIA may share the information with other agencies and with foreign governments. Section 206 extends roving wiretap authority to “intelligence” wiretaps authorized by the Foreign Intelligence Surveillance Court. These wire taps may be authorized secretly and it expands the power broadly by tapping any advice used by a terrorist suspect, regardless of who is using the device at the time.
Section 213 permits the government to search your home with no one present and to delay notification indefinitely. Unlike the "knock and announce" policy, a person whose home is to be searched cannot view the warrant to make sure the adress is correct or to make sure that the agent follows to the warrant's description of what is to be searched. Section 218 eliminates judicial supervision by giving the FBI the ability to gather "foreign intelligence information" without a warrant, unless the evidence wanted is to be used in a criminal proceeding. In other words an agent may now say that foreign intelligence is relevant or plays a part in the investigation and "probable cause" of a crime is no longer needed.





http://bellaciao.org/en/article.php3?id_article=7120
http://www.authorsden.com/visit/viewarticle.asp?AuthorID=6030&id=3760
www.bluestatemedia.com

The Amendments In The Constitution


As some of us might know The Constitution of the United States was written by the delegates and deputies of the Constitutional Convention,which are also known as our Founding Fathers. It was signed in Philadelphia on September 17, 1787. The fifty-five delegates who signed this monumental political document were the best minds of the Colonies at the time. The Constitution was forwarded to the Congress and the following year was ratified by conventions in nine states, and made the law of the land.
Some of the Amendments read as follow:
Article [I.]
• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article [IV.]
• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article[ V.]
•No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article[ VI.]
•In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.


http://www.usconstitution.net/const.html
www.tioh.hqda.pentagon.mil

The Patriot Act


In other words the Patriot Act basically extends the government's foreign intelligence surveillance powers over potential "domestic" terrorists, including American citizens. Several of its more controversial requirements include:

Federal agents may conduct surveillance and searches against U.S. citizens without "probable cause" to suspect criminal activity. The targeted person is not notified and cannot challenge the action.

• Agents can conduct "sneak-and-peek" searches without prior notice in common domestic crime investigations. Before the Patriot Act, courts required law enforcement to "knock and announce" themselves before conducting searches.

• Government agents now have access to any person's business or personal records. These include library records, book-buying habits, medical, marital counseling or psychiatric files, business records, Internet habits, and credit reports.

• The government no longer has to give notice, obtain a warrant or a subpoena, or show probable cause that a crime has been committed. Persons turning over personal data to the government (such as librarians, co-workers or neighbors) are prohibited, under threat of federal criminal prosecution, from telling anyone they did so.


http://www.aclu.org/safefree/resources/17343res20031114.html
www.aclu.org

Wednesday, March 7, 2007

Bush's New Safety Laws




Aside from the new airport rules and regulations that were in effect, president George Bush believed that The United States still needed to be more secure with it's citizens in order to prevent another terrosist attack from happening. Bush wanted to install the Patriot Act even though many were against it because it violets certain constitutional rights. The Patriot Act significantly expanded the power of U.S. law enforcement by giving them extraordinary authority to track and follow terrorists. The act also gave terrorism investigators access to evidence-gathering tools that agents in criminal inquiries have been able to use for years. All agree that the government must be able to protect its citizens from terrorism, but the issue is how to do that without eroding the civil liberties of all citizens. Certain parts of the Patriot Act reads as follows:

TITLE II-ENHACED SURVEILLANCE PROCEDURES

Sec.201 Authority to intercept wire, oral and electronic communications relating to
to terrorism.
Sec.202 Authority to intercept wire, oral and electronic communications relating to
computer fraud and abuse offenses.
Sec. 203 Authority to share criminal investigate information.
Sec.206 Roving surveillance authority under the Foreign Intelligence Surveillance Act
Sec.207 Duration of FISA surveillance of non-Unites States persons who are agents of
a foreign power.
Sec.213 Authority for delaying notice of the execution of a warrant.
Sec.215 Access to records and other items under the Foreign Intelligence
Surveillance Act.
Sec.216 Modification of authorities relating to use of pen registers and trap and
trade devices.

TITLE VII- STRENGTHENING THE CRIMINAL LAWS AGAINST
TERRORISM.

Sec. 802. Definition of domestic terrorism.




membres.lycos.fr
http://www.epic.org/privacy/terrorism/hr3162.html

New Safety Precautions


After the 9/11 attacks traveling became very stressful due to the new safety precautions which have to take place.Aside from the fact that all of these procedures take time,patience and cooperation from both sides, all travelers know that these rules have to be followed in order to have a safe and secure flight.
Passengers must:
•Place all carry one baggage and any items you are carrying with you on the belt of the X-ray machine. You will need to lay all items flat.
•Place all metal items in your carry-on baggage before you reach the front of the line.
•Take your computer and video cameras with cassettes out of their carrying case and place it in one of the bins provided.
•Take off your coat or jacket so that it can go through the X-ray machine. This includes, but is not limited to, trench coats, heavy winter coats, suit jackets, sport coats and blazers.
•You are required to remove your shoes before you enter the walk-through metal detector. All types of footwear must be screened; if you do not follow the Security Officers you will not be able to board your flight.
•You will next walk through a metal detector, (or you may request a pat-down inspection instead). Objects on your clothing or person containing metal may set off the alarm on the metal detector.
•Additional screening which occurs when an individual sets off the alarm on the metal detector, or if he or she is selected for the additional screening. This screening includes a hand-wand inspection in conjunction with a pat-down inspection that includes the torso.
•Your bag will be opened and examined on a table in your presence. You luggage might also be inspected with an Explosive Trace Detection machine (ETD), which is separate from the X-ray machine.


http://www.tsa.gov/travelers/airtravel/assistant/editorial_1049.shtm
www.apb.gov.tw

The Day That Changed Everything


All of us know the madness and chaos that was caused by the Al-Queda terrosists on the morning of September 11,2001, when nineteen terrorist hijacked four commercial passenger jet airlines. The hijackers intentionally crashed two of the airlines into the World Trade Center, one plane into each tower. The crash resulted into the collapse of both buildings soon afterward and irreparable damage to nearby buildings.Eventhough the main goal for these terrorist was to divide a nation, on the contrary we became more united than ever because it was a complete tragedy and thousands of innocent lifes were lost.
However, every american knew that September 11 was going to be the day that would change everything and it did. Certain measures were taken in order to secure the safety of everyone and anyone. For instance, when effects of the attacks soon reached airports nationwide Congress created the Transportation Safety Administration in which President George W. Bush signed into law on Nov. 19, 2001, just two months after the attack. The TSA took responsibility for the airport security nationwide at that point, according to TSA spokesperson Nico Melendez.
The TSA also has taken on 50,000 screeners screening 100 percent of passengers and 100 percent of bags," Melendez said. "We have reinstituted the Air Marshal program, granted funds for bus companies located in 25 states ... strengthened our shipping plan with $170,000 for port security."

http://www.gao.gov/new.items/d03616t.pdf
www.thehandstand.org