The Fast Track to Tyranny 09.20.07: Patriot Act II, Son of Patriot

Posted by Brian McLain on 09.20.2007

This week Brian McLain continues his series The Fast Track to Tyranny by examining the 2005 reauthorization of the Patriot Act a.k.a Patriot Act II.

I would first like to take this opportunity to do a little side commentary on a particular incident that has occurred very recently and has been getting a little bit of news attention. I would also like to extend a call to action in regards to these matters as well.

In response to the blatant police abuse in combating the terrorist activity of FREE SPEECH IN AMERICA by tazering a student who was asking, apparently, the wrong questions, it's time to melt some phone lines!


Be professional, don't threaten, and let them know that this sort of abuse of power to muzzle the First Amendment of the Constitution will not be tolerated. Demand the immediate firing of these cops and further demand that they be charged with felony assault.

University of Florida Police Department: [phone]

University of Florida main switchboard: [phone]

University of Florida Police Department's Dispatch Center: [phone] available 24-hours daily.

The Domestic Security Enhancement Act of 2005, also known as Patriot Act II, was a draft bill to come out of the White House ala John Ashcroft. While this bill saw no actual time in the congress, and thus was in no danger of being enacted, this questionable piece of legislation we have found bits and pieces of in other bills, acts, spending appropriations, and some are really starting to become known about at the present time.

The draft legislation served as a laundry list of civil rights killing, Constitution stomping fun and excitement that truly outlines the intent of tyranny in the Bush Administration. Please, as your reading through this draft analysis, keep in mind some of the similarities that have come to light in recent months, particularly wiretapping, and then question how much of the rest of this bill is still around and actually law now.

Sections 101, 102 and 107 Breaks down specific barriers and checks on wiretapping United States Citizens under authority of Foreign Intelligence Surveillance Courts

Sections 103 and 104 Oh wait, never mind, the administration don't no stinkin' Foreign Intelligence Surveillance Courts after all under certain circumstances.

Section 106 If you are a federal agent taking part in said surveillance, so long as you are following executive orders, you are shielded from prosecution.

Section 122 Just in case you might do something bad, the government will have the authority to listen in on you. This permits electronic eavesdropping under much looser regulations than originally provided in Title III definitions of criminal activity.

Sections 120 and 121 An even MORE broad definition of terrorism which now brings certain protest tactics from the shadowy ‘maybe' area built by the original PATRIOT Act to the much more obvious ‘yes you're a terrorist for sure' area.

Section 107 and 124 Further break down of restrictions in the manner and reason of the use of pen registers on United States Citizens and lawful residents.

Section 404 Tacks on an additional five years to any sentence of one convicted of computer crime just by using encrypting technology to hide the fact you're breaking the law. For example, if you use your computer to take a picture of yourself mooning somebody, then send it to somebody; you could be arrested for sexual harassment. If you have a password on your computer, there's an extra five years in federal prison on your sentence of 30 days community service. Okay, this might be a little extreme, but what about this bill isn't?

Section 125 Extends nationwide search warrants to not have to even meet the broad definition of terrorism from the original PATRIOT Act.

Section 126 Gives the government full access to anyone's credit report at any time, for any reason and they don't even have to sign up that stupid free credit report site.

Sections 128 and 129 Extends the power of the federal government to obtain any sensitive data on any individual or group through writing up their own search warrants. Isn't that convenient for them?

Sections 301 – 306 Allows the sampling and cataloging of genetic data of, not only convicted criminals, but average American Citizens and legal residents without court order or the consent of the victim.

Section 311 Breaks down the barriers put in place by the original PATRIOT Act and allows the sharing of sensitive data between all law enforcement and intelligence agencies for any reason, not just in instances of preventing terrorist activities.

Section 312 Oh, those McCarthy days are here again! This removes court approved limitations of police spying which were initially installed to curtail individuals, such as McCarthy, from persecuting Citizens and residents due to their political or religious affiliation.

Sections 321 and 322 These sections create a Department of Homeland Security for hire. Any foreign government, no matter how corrupt or brutal, may request specific groups or individuals are investigated and spied on.

Section 201 Secret arrests? What secret arrests? I don't know what you're talking about! (Whistles innocently)

Section 202 Restricts crucial information about chemicals widely used by industries and businesses, leaving workers no other alternative than to find they computer guy nobody likes to see if certain chemicals, if combined, could become deadly corrosives.

Section 204 Limits instances in which defense attorneys can challenge the use of secret evidence in trial.

Section 206 This section places a gag order on grand juries in cases of terrorist activity, which denies United States Citizens the right to public information guaranteed by the First Amendment.

Section 313 Diminishes corporate liability and accountability when tipping off the federal government in instances of terrorist activity, even if it's just that harmless computer guy that nobody likes just to get rid of him. No judicial relief available to the victim.

Section 501 Breaks down all barriers to strip even native born Citizens of their Citizenship if they support undesirable organizations on a list that is updated and maintained by members of the executive branch without congressional oversight. This is actually now law per the Military Commissions Act of 2006.

Section 411 Creates and converts 15 crimes into capital crimes, one of which is terrorism which, as we have already seen, would be over broadened further in this legislation if it were passed as is, and could make for a rather nasty sedition act.

Section 420 Further expanding the definition of criminal association to terrorists and their activities. If you give a dollar to somebody, who than gives that dollar to a terrorist organization, you are then dubbed a terrorist, may be stripped of your Citizenship, placed in a detention facility for an indefinite amount of time as an enemy combatant awaiting trial by a military commission in which the Constitution has absolutely no jurisdiction. Happy fun!

Section 322 This section allows for the arrest, detention, and then extradition to any foreign country of any United States Citizen or legal resident for any reason without judicial review.

Section 311 Allows local law enforcements access to confidential visa files for the enforcement of complex immigration laws.

Section 503 On the whim of the sitting attorney general, any immigrant or legal resident may be deported without evidence of a crime or criminal activity.

Section 504 Habeas Corpus put on hold for any legal resident and abolishes fair hearings for said permanent legal residents convicted of even the smallest infraction.

Section 506 If you leave your country because of unrest, and the government collapses and is no longer existent, you can STILL be sent deported back to said country even those said country no longer exists on the whim of the attorney general.

Again while the legislation as a whole never saw any action taken on it, it truly brings out the mind set of the current administration. This was the first attempt to expand policing power since the 2001 PATRIOT Act, and the Congress passed that on a whim within 24 hours of receiving the bill. Just imagine if this was the bad boy sent up instead of that much tamer in comparison PATRIOT Act? The more frightening aspects of this legislation, however, is that fact that a good chuck of it has already been enacted in one way or another, usually through tacking on certain provisions onto bills that have to do with defense spending or helping our troops. It is only because I am not obsessed with telling you how much of a drunk Lindsey Lohan is or the latest exploits of a water skiing squirrel that you are hearing about this news now and not from your friendly, neighborhood anchorman.

Next week, I will be deviating from my timeline format a bit and taking a look at a few piece of legislation known as the John Warner Defense Authorization Act for Fiscal Year 2007, the Military Commissions Act of 2006 and the National Security Presidential Directive (NSPD) 51. The first two are examples of tacking on bad legislation to perfectly acceptable appropriations and legislation, both rather short but chock full of civil liberty destroying power, and the third is an executive order that I originally intended to be the final wrap up of the series but I feel it is more important to get such information out sooner than later.

Until next week everyone, take care, and long live the Republic!

If you would like to email Brian, you can do so at [e-mail].