Draconian "Patriot II" act in the mill

http://reuters.com/newsArticle.jhtml?type=politicsNews&storyID=2192053
U.S. Considers New Anti-Terrorism Legislation
Fri February 7, 2003 07:32 PM ET
By James ViciniWASHINGTON (Reuters) - The U.S. Justice Department, which won broad new powers after the Sept. 11, 2001, attacks to eavesdrop and detain immigrants, is drafting legislation that would authorize the creation of a terrorist identification database, department officials said on Friday.
They said the proposals, which already have been criticized by civil liberties groups, also would limit the disclosure of certain information and allow pretrial detention of people suspected of terrorist activity without bail.
The officials said the proposals, still in draft form and called the Security Enhancement Act of 2003, would require congressional approval. They said the proposals remain under active discussion, but final measures were not imminent.
The American Civil Liberties Union denounced the draft legislation, warning it would harm civil liberties.
"The initial USA Patriot Act undercut many of the traditional checks and balances on government power -- the new ... proposal threatens to fundamentally alter the constitutional protections that allow us to be both safe and free," said Gregory Nojeim of the civil liberties group.
Justice Department spokeswoman Barbara Comstock said Justice Department employees have not presented any final proposals to Attorney General John Ashcroft or to the White House.
"During our internal deliberations, many ideas are considered, some are discarded and new ideas emerge in the process along with numerous discussion drafts," she said.
"The department's deliberations are always undertaken with the strongest commitment to our Constitution and civil liberties," Comstock said in a statement.
The draft legislation, first disclosed by the Washington-based Center for Public Integrity, includes the following provisions, according to the officials:
-- further limit public disclosure of information relating to terrorism investigations by enhancing the Justice Department's ability to deny requests to get the data through the Freedom of Information Act;
-- set up a DNA database that would include people associated with suspected terrorist groups and noncitizens suspected of certain crimes or who have supported "terrorist" groups;
-- terminate state law enforcement decrees -- originally put in place to stop police spying abuses -- that limit the amount of information police can gather about individuals and organizations;
-- Allow pretrial detention without bail for people suspected of terrorist activity;
-- Allow for the expatriation of American citizens who were proven to have wanted to relinquish their nationality and becomes a member of or provides material support to a group designated by the United States as a "terrorist organization."
Less than six weeks after the hijacked plane attacks, President Bush signed the Patriot Act of 2001. The bill enhances the ability of the federal government to tap phones, share intelligence information, track Internet usage, e-mails and cell phones and protect U.S. borders.