3 FROM THE PATRIOT ACT TO THE “MUSLIM BAN”

2021 ◽  
pp. 52-71
Keyword(s):  
Author(s):  
Rebecca Sanders

This chapter explores shifting patterns of intelligence surveillance in the United States. The Fourth Amendment protects Americans from unreasonable search and seizure without a warrant, but foreign spying is subject to few constraints. During the Cold War, surveillance power was abused for political purposes. Operating in a culture of secrecy, American intelligence agencies engaged in extensive illegal domestic spying. The intelligence scandals of the 1970s revealed these abuses, prompting new laws, notably the Foreign Intelligence Surveillance Act. Fearing further recrimination, the national security establishment increasingly demanded legal cover. After 9/11, Congress expanded lawful surveillance powers with the PATRIOT Act. Meanwhile, the Bush administration directed the National Security Agency to conduct warrantless domestic wiretapping. To justify this program, officials sought to redefine unconstrained foreign surveillance to subsume previously protected communications. The Obama administration continued to authorize mass surveillance and data mining programs and legally rationalize bulk collection of Americans’ data.


2007 ◽  
Vol 5 (5) ◽  
pp. 66-68 ◽  
Author(s):  
David Fraser
Keyword(s):  

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Michael Jonsson ◽  
Jan Pettersson ◽  
Christian Nils Larson ◽  
Nir Artzi

Purpose This study aims to measure the impact of the Non-Cooperative Countries and Territories, Organization for Economic Cooperation and Development and US PATRIOT Act Section 311 blacklists on external deposits from blacklisted jurisdictions into BIS reporting countries in 1996–2008, a period when anti-money laundering-related actions were consistently less stringent than post-2010, to see whether they had an effect even absent the threat of sizable financial fines. Design/methodology/approach The study uses descriptive statistics and bivariate and multivariate regressions to analyze the probable impact from blacklists on non-bank external deposits. The country sample is divided into offshore financial centers (OFCs) and non-OFCs and includes 158 non-listed countries. The impact of the blacklists is tested both jointly and individually for the respective blacklists. Findings The authors find mixed impact from jurisdictions being blacklisted on the growth rate of stocks of deposits into BIS reporting countries. Effects are often zero, negative in several cases and positive in some cases. This is consistent with the “stigma effect” and the “stigma paradox” in the literature. An overall impact from blacklisting is difficult to discern. Different blacklists had different effects, and the same blacklist impacted countries differently, illustrating the importance of disaggregating the analysis by individual countries. Research limitations/implications Interpretation of these data is limited by the absence of comparable data on non-resident deposits in blacklisted jurisdictions. Practical implications The impact of a blacklist depends in part on the structure of the listed jurisdictions’ economies, implying that country-specific sanctions may be more effective than blacklists. Originality/value This is one of the very few papers to date to rigorously test the impact of blacklists on external deposits.


Author(s):  
Андрей Ефремов ◽  
Andrey Efremov

The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime — terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.


2008 ◽  
Vol 36 (105) ◽  
pp. 40-51
Author(s):  
Osama Bin Laden

To the Americans:In this letter from 2002 Osama Bin Laden replies to unidentified American writers explaining why al-Qaeda is justified in attacking North American targets. The letter poses two questions: What are we fighting for? and What are we calling you to do, and what do we want from you? According to Bin Laden al-Qaeda is engaged in a fight responding to decades of Western aggression. Bin Laden presents a detailed account of the misdeeds that the United States are responsible for in the Middle East and in Afghanistan. The letter also denounces North American society as characterised by usury, debauchery, gambling, prostitution and environmental destruction. Finally Bin Laden provides the reader with a series of examples connected to the ‘war on terror’ where the United States does not live up to its own rhetoric: the detention of prisoners at Guantanamo, the suspension of civil liberties in the Patriot Act and the rejection of the Kyoto Accords.


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