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IP: Anti-Terrorism Bill and the Judiciary
From: David Farber <dave () farber net>
Date: Sat, 13 Oct 2001 14:00:35 -0400
Date: Sat, 13 Oct 2001 09:14:20 -0700 (PDT) From: Lauren Weinstein <lauren () vortex com> To: dave () farber net Subject: Anti-Terrorism Bill and the Judiciary Cc: lauren () pfir org Dave, I'm fascinated by the seeming lack of discussion in the media or most other forums of what is sure to be a significant factor in the life-cycle of the anti-terrorism legislation after its passage--the quite appropriate and vigorous court challenges that will surely be probing the constitutionality of its various provisions. Most of the media seems to be treating the concepts of the legislation as a fait accompli, but surely the judiciary will be having its say about these matters. There are definitely some interesting challenges in this regard. With so many "secret" powers granted, even finding out what's going on (prior to or even after a defendant is charged) will be difficult. But I assume that there are many constitutional and civil rights lawyers even now preparing for battle at warp speed, as well they should. Even many members of Congress have expressed misgivings about the possibly unconstitutional aspects of the legislation. Such far-reaching laws, regardless of how one personally feels about their specifics, are certainly worthy of detailed and intense judicial review. Another issue for consideration is the potential response of Congress and the administration if various provisions of the legislation are struck down and not reinstated by higher courts. Will we then see a mad rush to try institute "minor" modifications to the Bill of Rights as a means to resuscitate any aspects of the legislation that had been previously struck down? Will Congress be as anxious to ram through such changes to the Constitution as they were in pushing their legislation up to this point, with debate and due process kept to an absolute minimum? Interesting questions to consider. By the way, the "PFIR Statement on Terrorism, Civil Liberties, and the Internet" is online at: http://www.pfir.org/statements/liberties --Lauren-- Lauren Weinstein lauren () pfir org or lauren () vortex com or lauren () privacyforum org Tel: +1 (818) 225-2800 Co-Founder, PFIR - People For Internet Responsibility - http://www.pfir.org Co-Founder, Fact Squad - http://www.factsquad.org Moderator, PRIVACY Forum - http://www.vortex.com Member, ACM Committee on Computers and Public Policy
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