Date: Sun, 30 Sep 2001 19:11:48 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: Freematt's Concerns Over DoJ's Surveillance & Antiterrorism Bill
 The Anti-Terrorism Act of 2001
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

[Note from Matthew Gaylor:  I read the 2nd Draft of DoJ's 
Surveillance & Antiterrorism Bill The Anti-Terrorism Act of 2001 
(ATA) (Sep. 19, 2001) [Originally called the Mobilization Against 
Terrorism Act (MATA).]  located at: 
<http://www.eff.org/Privacy/Surveillance/20010919_ata_bill_draft.html> 
and I noticed a couple of carryovers from the war on drugs- The first 
being making any attempt or conspiracy to commit an act have the same 
penalty as committing the actually act.  In most jurisdictions if you 
were to sell a bag of baby powder and claim it to be cocaine you can 
be prosecuted as if the baby powder were cocaine.  However if you 
look at section #2 below you'll see the overly broad crimes that are 
included, crimes I might add carry a life sentence.  Including what 
appears to be just about any property damage done to governmental 
buildings and property.  Traditionally prosecutors end up using any 
law on the books to get a conviction.  Laws such as RICO, which were 
originally designed for organized crime end up in practice being used 
on small time teenaged offenders.  And in section #3 the usual 
expansion of asset forfeiture is continued.  I'm sure this act or 
something similar will be passed-  And it is my prediction that this 
law like the others before it will be misapplied and used 
inappropriately against American citizens.]

###1###
>"SS 2332c. Attempts and conspiracies

>

>"Any person who attempts or conspires to commit any Federal 

>terrorism offense shall be subject to the same penalties as those 

>prescribed for the offense, the commission of which was the object 

>of the attempt or conspiracy."; and

>

>(2) in the analysis for the chapter, by inserting after the item 

>relating to section 2332b the following:

>

>"2332c. Attempts and conspiracies.".



###2###
>"SS 25. Federal terrorism offense defined

>

>"As used in this title, the term `Federal terrorism offense' means a 

>violation of, or an attempt or conspiracy to violate-

>

>"(a) section 32 (relating to destruction of aircraft or aircraft 

>facilities), 37 (relating to violence at international airports), 81 

>(relating to arson within special maritime and territorial 

>jurisdiction), 175, 175b (relating to biological weapons), 229 

>(relating to chemical weapons), 351 (relating to congressional, 

>cabinet, and Supreme Court assassination, kidnapping, and assault), 

>792 (relating to harboring terrorists), 831 (relating to nuclear 

>materials), 842(m) or (n) (relating to plastic explosives), 844(e) 

>(relating to certain bombings), 844(f) or (i) (relating to arson and 

>bombing of certain property), 930(c), 956 (relating to conspiracy to 

>injure property of a foreign government), 1030(a)(1), (a)(4), 

>(a)(5)(A), or (a)(7) (relating to protection of computers), 1114 

>(relating to protection of officers and employees of the United 

>States), 1116 (relating to murder or manslaughter of foreign 

>officials, official guests, or internationally protected persons), 

>1203 (relating to hostage taking), 1361 (relating to injury of 

>Government property or contracts), 1362 (relating to destruction of 

>communication lines, stations, or systems), 1363 (relating to injury 

>to buildings or property within special maritime and territorial 

>jurisdiction of the United States), 1366 (relating to destruction of 

>an energy facility), 1751 (relating to Presidential and Presidential 

>staff assassination, kidnapping, and assault), 1992, 2152 (relating 

>to injury of fortifications, harbor defenses, or defensive sea 

>areas), 2155 (relating to destruction of national defense materials, 

>premises, or utilities), 2156 (relating to production of defective 

>national defense materials, premises, or utilities), 2280 (relating 

>to violence against maritime navigation), 2281 (relating to violence 

>against maritime fixed platforms), 2332 (relating to certain 

>homicides and other violence against United States nationals 

>occurring outside of the United States), 2332a (relating to use of 

>weapons of mass destruction), 2332b (relating to acts of terrorism 

>transcending national boundaries), 2332c, 2339A (relating to 

>providing material support to terrorists), 2339B (relating to 

>providing material support to terrorist organizations), or 2340A 

>(relating to torture);

>

>"(b) section 236 (relating to sabotage of nuclear facilities or 

>fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284);

>

>"(c) section 601 (relating to disclosure of identities of covert 

>agents) of the National Security Act of 1947 (50 U.S.C. 421); or

>

>"(d) section 46502 (relating to aircraft piracy), section 46504 

>(relating to interference with a flight crew), section 46505 

>(relating to carrying a weapon or explosive on aircraft), section 

>46506 (relating to application of certain criminal laws to acts on 

>aircraft), or section 60123(b) (relating to destruction of 

>interstate gas or hazardous liquid pipeline facility) of title 49."; 

>and

>

>(2) in the chapter analysis, by inserting after the item relating to 

>section 24 the following:

>

>"25. Federal terrorism offense defined.".

>

>(b) Section 2332b(g)(5)(B) of title 18, United States Code, is 

>amended by striking "is a violation" and all that follows through 

>"title 49" and inserting "is a Federal terrorism offense".


###3###
>SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.

>

>Section 981(a)(1) of title 18, United States Code, is amended after 

>paragraph (F) by adding the following new paragraph:

>

>"(G) All assets, foreign or domestic--

>

>"(i) of any person, entity or organization engaged in planning or 

>perpetrating any act of domestic terrorism or international 

>terrorism (as defined in section 2331) against the United States, 

>citizens or residents of the United States, or their property, and 

>all assets, foreign or domestic, affording any person a source of 

>influence over any such entity or organization;

>

>"(ii) acquired or maintained by any person for the purpose of 

>supporting, planning, conducting, or concealing an act of domestic 

>terrorism or international terrorism (as defined in section 2331) 

>against the United States, citizens or residents of the United 

>States, or their property; or

>

>"(iii) derived from, involved in, or used or intended to be used to 

>commit any act of domestic terrorism or international terrorism (as 

>defined in section 2331) against the United States, citizens or 

>residents of the United States, or their property.".




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