spiker
DOMESTIC SECURITY ENHANCEMENT ACT OF 2003
Tue Apr 15 21:31:25 2003
208.152.73.208


DOMESTIC SECURITY ENHANCEMENT ACT OF 2003
http://www.eff.org/Censorship/Terrorism_militias/patriot2draft.html

Source:
Electronic Frontier Foundation (EFF)
http://www.eff.org/

DOMESTIC SECURITY ENHANCEMENT ACT OF 2003 SECTION-BY-SECTION ANALYSIS
http://www.eff.org/Censorship/Terrorism_militias/patriot2draft.html 

Section 101: Individual Terrorists as Foreign Powers.

Under 50 U.S.C. § 1801(a)(4), the definition of "foreign power" includes groups that engage in international terrorism, but does not reach unaffiliated individuals who do so. As a result, investigations of "lone wolf" terrorists or "sleeper cells" may not be authorized under FISA. Such investigations therefore must proceed under the stricter standards and shorter time periods set forth in Title III, potentially resulting in unnecessary and dangerous delays and greater administrative burden. This provision would expand FISA's definition of "foreign power" to include all persons, regardless of whether they are affiliated with an international terrorist group, who engage in international terrorism.

Section 428: Technical and Conforming Amendments Relating to the USA PATRIOT Act.

This section makes a number of corrections relating to provisions of the USA PATRIOT Act, mostly affecting money laundering or asset forfeiture. While essentially technical in nature, these amendments are critical, because typographical and other errors in the USA PATRIOT Act provisions are preventing prosecutors from fully utilizing that Act's tools. For example, certain new forfeiture authorities enacted by that Act refer to a non-existent statute, 31 U.S.C. § 5333, where 31 U.S.C. § 5331 is intended.

Subsection (a) makes technical corrections to a number of provisions in the USA PATRIOT Act. Subsection (b) codifies section 316(a)-(c) of that Act as 18 U.S.C. § 987. Subsection (c) adds explicit language covering conspiracies to two offenses likely to be committed by terrorists (18 U.S.C. § 33 and 1366), conforming to section 811 of the USA PATRIOT Act, which added conspiracy language to other terrorism offense provisions.
Title V: Enhancing Immigration and Border Security
Section 501: Expatriation of Terrorists.

Under 8 U.S.C. § 1481, an American can lose his citizenship by voluntarily, and with the intent to relinquish nationality, taking any of a number of actions, including: (1) obtaining Nationality in a foreign state; (2) taking an oath of allegiance to a foreign state; and, most importantly, (3) serving in the armed forces of a foreign state that are engaged in hostilities against the United States. The current expatriation statute does not, however, provide for the relinquishing of citizenship in cases where an American serves in a hostile foreign terrorist organization. It thus fails to take account of the myriad ways in which, in the modern world, war can be waged against the United States.

This provision would amend 8 U.S.C. § 1481 to make clear that, just as an American can relinquish his citizenship by serving in a hostile foreign army, so can he relinquish his citizenship by serving in a hostile terrorist organization. Specifically, an American could be expatriated if, with the intent to relinquish nationality, he becomes a member of, or provides material support to, a group that the United States has designated as a "terrorist organization," if that group is engaged in hostilities against the United States.

30
FULL REPORT:
http://www.eff.org/Censorship/Terrorism_militias/patriot2draft.html 

• American Veterans In Domestic Defense — Dennis L. Hoerr, Wed Apr 16 00:11
• THE SMASHING OF RELIGIOUS GROUPS — MCAC, Tue Apr 15 22:02