"patriot" Sections 201 & 805

spy1 · Posted: Thu Apr 01, 2004 10:58 am Post subject: "patriot" Sections 201 & 805

"This week we look at Section 201. This provision, in combination with Section
805 (which does not sunset), makes it so the FBI can get a
wiretap to listen in on your private conversations based
on your association with an organization classified by the
U.S. government as "terrorist" - whether or not the organization
engages in legitimate political advocacy or humanitarian work.
An example of such an organization is the anti-apartheid
African National Congress, which was designated a "terrorist"
organization before apartheid was defeated.

This profile is a special case: EFF objects to Section 201 only
to the extent that it authorizes wiretapping to investigate
violations of Section 805. We don't necessarily oppose the
renewal of Section 201 - as long as Section 805 is repealed.

~ How PATRIOT Sections 201 and 805 Changed the Law

The FBI can wiretap your phone, or "bug" your house or office,
only when investigating the most serious crimes. PATRIOT 201
made a number of additions to the list of crimes that can
justify such police surveillance, including one brand new crime
created by PATRIOT Section 805: providing "material support"
to terrorist organizations in the form of "expert advice or
assistance." This section, which does not sunset, could
criminalize a broad range of speech protected by the First
Amendment.

~ Why Section 805 Should Be Repealed

Section 805 makes it a crime to offer "expert advice and
assistance" to any foreign organization that the Secretary of
State has designated as "terrorist." But, as we note above,
many of these "terrorist" organizations also advocate for,
and provide humanitarian assistance to, their constituents.
Yet PATRIOT makes it illegal to offer expert advice and
assistance even for these legal, non-terrorist activities.

A humanitarian social worker training Hamas members how to
care for civilian children orphaned in the conflict between
Israelis and Palestinians could be sent to prison. So
could a lawyer teaching IRA members about international law.
Section 805 even extends to people engaged in activities to
*discourage* terrorism, such as those offering training in
effective peace negotiations or how to petition the United
Nations regarding human rights abuses.

One federal court has already ruled that PATRIOT Section 805
is unconstitutional, since the vague terms "expert advice and
assistance" could criminalize the First Amendment-protected
activities described above. Yet the law is still in force
throughout most of the U.S.

~ Conclusion

EFF supports the repeal of Section 805, which could
unconstitutionally criminalize the exercise of your First
Amendment rights. We also support the Security and Freedom
Ensured Act (SAFE Act, S 1709/HR 3352) and encourage you to
visit EFF's Action Center today to let your representatives
know you support the bill:
http://action.eff.org/action/index.asp?step=2&item=2866

~ Next Week

We'll look at Sections 202 and 217, which strengthened the
FBI's ability to investigate computer crimes wholly unrelated
to terrorism."

Pete


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