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IP: on the latest Surveillance Bill...
From: Dave Farber <farber () central cis upenn edu>
Date: Fri, 02 Aug 1996 14:30:11 -0400
Date: Fri, 2 Aug 1996 12:17:39 -0400 From: jseiger () cdt org (Jonah Seiger) To: action () eff org (action mailing list) The outline below is from a document produced by the House Republican Conference. It is ONLY A SUMMARY of the proposed bill and is NOT actual legislation. No one I have spoken with has seen any specific legislative language yet. The outline is confusing on several points, particularly the "FBI DIGITAL TELEPHONY" Section, which says: "The bill authorizes the FBI to use enhanced telephone technology to investigate suspected terrorist activity. Funding for equipment purchase was provided in the 1996 omnibus appropriations measure enacted earlier this year." The first sentence above is not at all clear, and probably won't be until we can get our hands on the actual text of the bill. It could be additional wiretap authority (ie, roving wiretaps), or it could be nothing. As far as the funding goes, the "1996 omnibus appropriations measure" DID NOT contain funding for implementation of the law - but it did appropriate $37 million to cover new equipment for the FBI. The rest looks like it is a scaled back version of a measure the Administration and members of Congress were pushing earlier this week, but the scope of the new bill depends a lot on what the actual text says. I will post additional information as soon as I get it. Jonah -- Bipartisan Antiterrorism Initiative HR__ Committee on the Judiciary No Report Filed To Be Introduced Floor Situation: The House is scheduled to consider HR__ on Friday August 2, 1996. On Thursday August 1, the Rules Committee granted a rule to allow the bill to be considered under suspension of the rules. It is debatable for 40 minutes, may not be amended, and requires a two-thirds vote for passage. Summary: HR__ includes several bipartisan initiatives intended to bolster federal efforts to combat domestic terrorism in addition to those already enacted earlier this year as part of the 1996 Antiterrorism and Effective Death Penalty Act (P.L. 104-132). The bill contains the following counter-terrorism provisions: Aviation SECURITY MEASURES: The bill enables domestic airports to aggressively search for and prevent explosives from causing destruction and harm to individuals or property through enhanced explosive detection procedures, baggage and passenger screening, and FBI authority to improve airport security training and standards to ensure that provisions of the 1990 Aviation Security Act (P.L 101-604) are implemented expeditiously. Specifically, the bill (1) requires the FAA to implement increased explosives section methods immediately, (2) strengthen the level of training and expertise possessed by security personnel who are assigned to domestic airports, (3) allows airports to use available funding to reinforce such training for security personnel, and (4) extends criminal background requirements to include a greater number of airport employees. IMPLEMENTATION OF EXISTING ANTI-TERRORISM LAWS: The bill urges implementation of provisions enacted in the 1996 Antiterrorism and Effective Death Penalty Act (P.L. 104-132), such as designating and freezing the assets of foreign terrorist organizations and implementing expedited removal procedures for aliens convicted of a crime. BIPARTISAN "BLUE RIBBON" COMMISSION: The bill establishes a special commission to review all aspects of U.S. anti-terrorism policy and make legislative recommendations about methods to most effectively establish a long-term defense against terrorist threats, including enhancing the nation's human intelligence capabilities. PRIVACY ACT AMENDMENTS: The bill includes provisions which grant a cause of action against the U.S. if in the course of a wiretap investigation damaging information is willfully disclosed to the detriment of an innocent party by the federal government. The cause of action includes monetary damages to the plaintiff if a favorable decision is rendered in federal court. EXPLOSIVES STUDY: The bill authorizes a study on black and smokeless powder by an independent agency selected by the National Institute of Justice. FEDERAL RACKETEERING STATUTE CRIMES: The bill permits federal prosecutors to deem those acts determined to be terrorist in nature as substantial enough to invoke criminal prosecution under existing criminal racketeering (RICO) statutes. FBI DIGITAL TELEPHONY: The bill authorizes the FBI to use enhanced telephone technology to investigate suspected terrorist activity. Funding for equipment purchase was provided in the 1996 omnibus appropriations measure enacted earlier this year. -- ** THE FIGHT FOR FREE SPEECH ONLINE CONTINUES TO THE SUPREME COURT ** It's not too late to be a part of history -- Join the Lawsuit <http://www.cdt.org/ciec> -- <ciec-info () cdt org> -- Jonah Seiger, Policy Analyst Center for Democracy and Technology <jseiger () cdt org> 1634 Eye Street NW, Suite 1100 Washington, DC 20006 PGP Key via finger (v) +1.202.637.9800 http://www.cdt.org/ (f) +1.202.637.0968 http://www.cdt.org/homes/jseiger/
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- IP: on the latest Surveillance Bill... Dave Farber (Aug 02)