On Findlaw.com there is a commentary on Patriot Act II (the Domestic Security Enhancement Act is it's known officially) by Anita Ramasastry. This is the first time I have seen the legislation broken down point by point, and the proposed bill is far more frightening than I had thought. This proposed law removes accountability from law enforcement, shreds privacy rights, and even provides for the loss of citizenship, potentially even for the exercise of legal opposition.
If passed, this law would dramatically lower the hurdles to law enforcement to gain access to personal information, including credit records and DNA samples. No judicial oversight, or even probable cause is required, simply an assertion by law enforcement that such information is needed.
DNA would be put into a "Terrorist Identification Database." It would contain information not only for proven terrorists, but also "suspected terrorists." And that term would include anyone who was associated with, or had provided money or other support for, groups designated "terrorist."
It might also include protesters, or anyone else the government dislikes. Remember, the original USA Patriot Act defined the new crime of "domestic terrorism" broadly, to encompass "any action that endangers human life that is a violation of any Federal or State law."
Certainly one could envision a disruptive war protester who resisted arrest being tagged as a "suspected domestic terrorist," and forced to provide DNA. Would the government need to get a court order to procure the DNA? Not under Patriot II.
And what if the protester wouldn't comply? That would be a Class A misdemeanor, punishable by up to one year in prison and a $100,000 fine. Anyway, the protester's refusing to give up DNA might be futile - if any other government agency happens to have a blood sample, Patriot II gives the government the right to put it in the new database.
Incredibly, DNA would also be collected from anyone who is, or has been, on probation for any crime, no matter how minor . State governments would be required to collect DNA samples from state probationers and provide them to the federal government.
American citizens can be defined by law enforcement as "foreign powers" even without having broken even a single law. Under the new rules, probable cause is no longer necessary for the government to conduct surveillance.
Even those persons who cannot be deemed "domestic terrorists" because they have not broken any law, can alternatively be deemed "foreign powers" under Patriot II - even if they are American citizens or permanent residents . This allows the FBI to get pen registers on American citizens for a foreign intelligence investigation - without having to show any criminal or terrorist connection.
Transparency? Forget it. The proposed law specifically shields the government behind a wall of secrecy. Under Patriot Act II, surveillance and detentions (which can go on indefinitely)
Your American citizenship? Forget that too. Under Patriot Act II you can lose that too, even for legal acts, conducted around a designated terrorist group, that can be defined as disloyal.
Despite the fact that as recently as the State of the Union Address the President claimed great success against America's enemies, this administration is proposing draconian measures for security. Patriot Act II shreds all of the assumptions we have about democracy. The tactics used are those familiar to us from the more subtle of modern dictatorships: secret arrests, secret detentions, secret informants, deportations. The target of this proposed bill is not terrorism, but the First Amendment. It is meant to be intimidating, it is meant to quell dissent. Have no illusions, this was the intent when Patriot Act II was drafted. For this administration, the Fourth Amendment is troublesome technicality, and vocal dissent is a threat.
It kind of makes you wonder just what they have in mind for the next few years if they see the need these sorts of measures, doesn't it?
10:47:20 PM 
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