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The
world changed for us on September 11, 2001 -- not because
“America” was now aware of enemies wishing for
its destruction and not because Americans now felt more vulnerable
to outside threats for the first time since the height of
the Cold War. Rather, it was because those in power in the
United States now had an excuse to start rolling back civil
liberties guaranteed by the Constitution.
The
first real evidence that this was indeed a brave new world
was in the passage of the USA PATRIOT Act, which allowed for
sweeping powers of the intelligence community and deprived
citizens and non-citizens alike basic freedoms afforded by
the Bill of Rights. In a post-9/11 United States, the FBI
now has the legal power to access the most private records
of anyone without a warrant or even probable cause. They don’t
have to tell you about it, and can even punish your local
library or family doctor if they inform you. Expansions of
the government’s ability to wiretap and conduct private-property
searches was also included in these provisions, with no safeguards
put in place, leaving the intelligence community accountable
to no one.
The
newest evidence that we have stepped through the looking glass
has come in the wake of Bush’s re-election in November.
Though his cabinet appointments may raise red flags for those
of us concerned with freedom of expression (or just freedom
in general), it is a recent legislative reform that signals
the real, lasting danger to activists, immigrants and any
other group the federal government chooses to demonize. In
December, President Bush signed into law the Intelligence
Reform and Terrorist Prevention Act of 2004. This piece of
legislation was hastily pushed through a lame duck session
of Congress in order to satisfy some imaginary deadline for
acting upon the 9/11 Commission’s recommendations.
The
final bill was passed with little debate in Congress, and
given that the Senate was given a mere 24 hours to read the
600-page bill, it is unlikely that most senators were even
acquainted with the provisions contained therein. As Senator
Robert Byrd (D-WV) remarked on the Senate floor prior to the
vote, “The Founding Fathers intended Congress to be
a check on the power of the Chief Executive, but increasingly
Congress appears content to be merely a cheerleader for the
president, depending upon which party might be in control
at a given moment.”
While
many of the major news outlets touted this Act as a bipartisan
answer to the 9/11 Commission recommendations (giving particular
attention to the creation of a Director of National Intelligence),
it is the provisions that expand upon the Patriot Act that
deserve some real attention. Although the much-debated Patriot
Act II was eventually shelved due to sharp criticism from
human rights and civil liberties organizations, as well as
citizens and some politicians, some similar provisions were
included in the Intelligence Reform Act.
One
of these disturbing curtailments of our civil liberties is
a requirement for automatic pretrial detention for suspected
terrorists. As many people are now aware, the label “terrorist”
can be stretched and molded according to the government’s
desires. Animal and environmental liberation activists and
anarchists are increasingly categorized as such. This provision
also, in effect, suspends habeas corpus - a jailed suspect’s
right to due process before a court of law - as just the mere
accusation of criminality can now mandate detention without
the right to a hearing.
The
Intelligence Reform Act also includes a creation of national
standards for state driver’s licenses – in essence
a national I.D. card. This gives power to the federal government
to set these standards. Some concerns with this are the possibility
of linking immigration status to licenses, implanting tracking
chips in I.D. cards, and the effective creation of internal
passports. As Timothy Edgar of the ACLU said on the December
14 broadcast of Democracy Now!, “Although the Congress
wasn't willing to explicitly go that far, they have laid the
groundwork for that kind of checkpoint society in the future.”
Perhaps
to make all the egregious blows to privacy and liberty a little
more palatable, the bill includes provisions for the Privacy
and Civil Liberties Oversight Board. Unfortunately, the board
is appointed by the President and has no independent subpoena
powers.Thus, it is no more than a public relations ploy.
As
the U.S. attempts to spread its brand of freedom and democracy
across the globe, it is little wonder why no one seems eager
to welcome it. In this Orwellian universe, whereHealthy Forests
Restoration Act is code for cutting down all the trees, and
“freedom” increasingly means tyranny, it can be
difficult to discover the true nature of U.S. policies behind
all the rhetoric. While the corporate media makes it no easier,
as they seem content to just repeat White House press releases
as fact, it is important for us regular citizens to stay informed,
vigilant and one step ahead of the game.
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