I was planning to limit my posting today to the update on the war in Iraq. But then someone sent me a link to AlterNet.Org. This looks interesting. What really caught my eye was an article on the USA PATRIOT Act II. This is really scary, folks. I thought that "The Ring" was scary. This is keeping me up nights.

The original USA PATRIOT Act (Public Law 107-56) was bad enough. Just reading the table of contents of Title II of the act, Enhanced Surveillance Procedures is enough to give an ACLU lawyer apoplexy. Here's a sample: Sec. 201. Authority to intercept wire, oral, and electronic communications relating to terrorism; Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978; 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. Then there's Title V - Removing Obstacles to Investigating Terrorism. It includes Sec. 506. Extension of Secret Service jurisdiction; Sec. 507. Disclosure of educational records; and Sec. 508. Disclosure of information from NCES surveys.

For those of you who are not citizens, Section 412 directs the Attorney General to take into custody any alien if the Attorney General has reasonable grounds to believe that the alien seeks to engage in espionage, sabotage, or to oppose, control or overthrow US Government by force, violence, or other unlawful means or is engaged in any other activity that endangers the national security of the United States. Of course, this sounds good. We don't want terrorists or other evildoers in our country. However, previous to this law, the government only had authority to deport or refuse admission. Now, if the Attorney General believes that an alien might be a terrorist, the alien can be held for up to six months with no appeal until the alien is either deported or until the Attorney General determines that he is not a threat.

For a broad range of crimes unrelated to terrorism, the crime has been broadened to include consipiracy. Now, any person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense. These crimes include Arson, Killings In Federal Facilities, Malicious Mischief Against Communication Lines, Stations Or Systems, Wrecking Trains, Material Support To Terrorists, Torture, Sabotage Of Nuclear Facilities Or Fuel, Interference With Flight Crew Members And Attendants, Carrying A Weapon Or Explosive On An Aircraft, Or Damaging Or Destroying An Interstate Gas Or Hazardous Liquid Pipeline Facility. Conspiracy is a vague crime. In some cases, if you simply knew someone was about to commit a crime and you gave even tacit support to them, you could be convicted of conspiracy. For example, let's say your roommate is an ardent environmentalist. You know she is planning to commit one of the above crimes, such as Malicious Mischief Against Communication Lines. The police get a tip that she is about to commit this crime and come by the house looking for her. You tell them you don't know where she is when in fact you do. BAM! You just conspired to commit terrorism.

On the plus side, Public Law 107-56 (I just don't want to call it by its title) defines the crime of domestic terrorism. Before this law, we only had the crime of international terrorism. Both types are the same, except one is domestic and one is international. Terrorism means activities that involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; that appear to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination or kidnapping. Therefore, the war in Iraq isn't terrorism because it doesn't violate any criminal laws of the United States. Is there a legal defense for soldiers killing people? Does war have to be declared? I don't remember Congress actually passing a declaration of war on Iraq.