IP: Anti-Terrorism Bill and the Judiciary

[David Farber <dave () farber net>]

> 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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