18 terms

Legal Aspects of Homeland Security -Chapter 4

Homeland Security by Larry K. Gaines & Victor E. Kappeler
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Executive Orders
Instructions to federal officials and agencies designed to govern the execution of public policy
Proliferation (definition)
To grow, increase in numbers or spread at a rapid rate.
Proliferation of Weapons of Mass Destruction -Executive Order #12938
Any attempt to manufacture, acquire, posses, develop, transfer, transport, or use Nuclear, Biological or Chemical weapons (including missiles capable of delivering such weapons).
Blocking Property of Weapons of Mass Destruction and Their Supporters -Executive Order #13382
Allows blocking (seizing, freezing) of property and financial assets of a person or group thought to have given support for or engaged in activities or transactions that have contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery.
Prohibiting Transactions With Terrorists Who Threaten To Disrupt The Middle East Peace Process -Executive Order #12947
Prohibits financial transactions between U.S. citizens and any group of foreign persons designated by the secretary of state, treasury or attorney general as constituting a "significant risk of committing acts of violence that have the purpose or effect of disrupting the Middle East peace process [and those that support or assist materially, technologically and financially] such acts of violence."
Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism -Executive Order #13224
Expands the number of people designated as posing a significant risk of committing acts of terrorism that threaten the security of the United States.
National Counterterrorism Center (NCTC) -Executive Order #13354
A. primary organization for analyzing and integrating all intelligence acquired and possessed regarding Domestic (U.S. soil) counterterrorism information.

B. plan, strategize and conduct counterterrorism activities integrating all instruments of national power (diplomatic, financial, military, law enforcement, etc.) within and among agencies.

C. assign lead agencies operational responsibilities within the scope of the law to counter terrorism.

D. serve as the shared data bank on known and suspected terrorists, terror groups and their networks and contacts.

E. ensure agencies have access to "all-source intelligence" and support needed to execute or analyze their counterterrorism plans.
Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency -Executive Order #13440
Designated members of the Taliban, al Qaeda, and associated forces "unlawful enemy combatants" and stripped them of the protections afforded under the Third Geneva Convention (protection from abuse and torture).
Homeland Security Information Sharing -Executive Order #13311 and
Strengthening the Sharing of terrorism Information to Protect Americans -Executive Order #13356
Allowed various federal agencies to share information about potential terrorists and terrorist activities. Prior to this issuance, federal laws prohibited some intelligence agencies from sharing this information.
Establishing the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security -Executive Order #13260
These bodies provided the initial planning for our homeland security organization.
Public Alert Warning System -Executive Order #13407
Created the color coded warning system to advise the public of terrorist threat levels.
Rendition
The practice of covertly sending a foreign criminal or suspected terrorist to be interrogated in a country with "less rigorous regulations for the humane treatment of prisoners" (torture).
Review and Disposition of Individuals at the Guantanamo Bay Naval Base and Closure of Detention Facilities -Executive Order #13492
Ordered the closure of the Guantanamo Bay facility and the review of each detainee's case to determine what to do with them.
Special Interagency Task Force on Detainee Disposition-Executive Order #13493
This body was assigned to tackle the legal ways to handle present and future terrorists.
Antiterrorism and Effective Death Penalty Act of 1996
In response to the Oklahoma City bombing, Congress enacted this statute. Its goals were to combat terrorism by:
a. streamlining the implementation of the death penalty

b. update restitution laws for victims of terrorism

c. make it difficult for terrorist to secure support financially and materially

d. make it easier to remove foreign terrorist from the U.S.

e. place greater restrictions on the possession and use of materials capable of producing catastrophic damage by terrorist.
Habeas Corpus
Latin for "you [shall] have the body" is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment.
USA Patriot Act
The "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" act was/is a sweeping law that modified or amended more than a dozen federal statutes and greatly expanded the powers of the federal executive branch, government and law enforcement officials.
4 Key areas of concern are:
1. Collection of communication- altered the "Omnibus Crime Control and Safe Streets Act of 1968 Title III" granting law enforcement the power to collect and review communication records, stored e-mails, treat voice mail as e-mail, reduce the need for probable cause for search warrants, collect credit card and banking information.
2. Foreign Intelligence Investigations- amended the "Foreign Intelligence Surveillance Act's (FISA) permitting "roving surveillance", applications for FISA surveillance constituted enough reason for permitting the gathering of foreign intelligence.
Authorizes pen register and trap & trace device orders for email and phone conversations.
Denies the ability of an American to prohibit FISA orders should one exercises their First Amendment Rights.
3. Money Laundering- expanded the authority of the secretary of the treasury to regulate U.S. financial institutions. Created new crimes to control money laundering and enhanced punishment for this crime. Modified the ways forfeitures could be carried out:
Granting the government greater power to confiscate property of anyone thought to support, plan, aid, authorize, or participate in an act of domestic or international terrorism.
The person having his or her property confiscated bears the burden of proving his or her innocence.
No criminal conviction for terrorism is required for the confiscation of property. All of a persons assets may be seized regardless of whether or not the individual's assets can be linked to an act of terrorism.
4. Funding and Enhancing National Border Patrol- provides for changes in the way in which foreign nationals can be treated under U.S. laws and provides additional funding to enhance a multitude of operations.
Foreign Intelligence Surveillance Act of 1978
The Foreign Intelligence Surveillance Act of 1978 (FISA) was designed to control foreign agents involved in espionage within the U.S. and protect U.S. citizens from governmental abuse. The law also created the Foreign Intelligence Surveillance Court (FISC). Passage of the USA Patriot Act extended surveillance to U.S.citizens and terrorism. Although the FISA legislation and the FISC were born out of concern over privacy abuses by federal law enforcement officials, both are clearly designed to favor the government and the issuance of investigative warrants, not to protect citizens' privacy and liberty interests.