@Pinochet73,
My time is somewhat limited, so you will forgive me if it takes me more than one post to respond. A little personal history is in order. From 1978 until 1993, I was a soldier in the US Army. From 1983 until I left, I was a 97B, Counterintelligence Agent. It was my job to investigate espionage and terrorism incidents. I tell you this to demonstrate that I do have some experience and knowledge in the field under discussion.
As a general statement (and I will get to specifics later) I will tell you that much of what I did as a CI Agent was governed by Title XVIII, United States Code. There is nothing in the PA that is really very new. All the PA really did was to delegate which agencies had the lead on terrorism investigations, and define which courts had jurisdiction over terrorism prosecutions. It does not undermine the principles of the constitution, and in several places is specific to say that its provisions do not supercede constitutional protections of rights. So, let?s get down to some of the listed specifics:
As to the EFF evaluation of the document, they make the same mistake that most folks I talk to about the PA make. They tell you about ?broad, sweeping changes,? counting on you to believe that without referencing the specific changes (and in order to do so, they must reference both the specific provision of the PA and the law they purport that it changes). So, 92b, you are going to have to be a bit more specific.
Now, to Freeman?s objections:
Freeman15;36889 wrote:Sec. 803: Requires US citizens to turn in those they know are contemplating terrorist activities, or face fines and a prison term no more than ten years. Violates privacy rights.
What section 803 actually says is ?`(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense? ? (lists a number of offenses) ? ?shall be fined under this title or imprisoned not more than ten years, or both.? The provision requires that the accused must ?harbor or conceal.? Legally, this is quite a bit different than your broad statement above. In fact, there is nothing really new about this.
Suppose I know of someone about to kill another person. If I don?t report this, and the homicide actually occurs, and it can be proven that I had foreknowledge of the crime, I can be charged with aiding and abetting. Nothing new here.
Finally, I?d like to briefly touch on the issue of ?privacy rights.? It surprises many people to learn that the Constitution itself does not have anything to say about ?privacy.? There is no specific protection in the constitution for a supposed ?right to privacy.? The courts have inferred a right to privacy
in some cases, but in no case is this inference broad or sweeping. It could not be. A blanket ?right to privacy? would effectively cripple any warrant, and make law enforcement impossible.
For example, the courts have ruled that two consenting adults have a right to privacy in their sexual behavior behind closed doors. However, the courts have also ruled in a number of cases that there is not a right to privacy, especially where one?s right to privacy may intrude on another?s rights. It goes back to the sixth grade civics lesson (and I wish they still taught that): Your rights end where my nose ends. If I know of an impending terrorist attack, it which it could be reasonably expected that a number of people will die, the intended victims rights to life trump my supposed right to privacy. Simple civics.
For now, I?m out of time and must get ready for work. I?ll provide answers to your other points later. Sorry for the inconvienence.