THE DOMESTIC SECURITY ENHANCEMENT ACT OF 2003
A PLAIN ANALYSIS

Greg Kay
Feb. 2003

I have broken the 33 page summary/analysis down, section by section, addressing the parts that might pertain to us, in plain English to make it easier to look up the parts of concern. This will make it easier to evaluate the whole bill, which can be read here .

Please remember that the information here is ONLY from the analysis; the language of the bill itself will undoubtedly contain more surprises.

There's some scary stuff here, folks!

FISA, by the way, is another federal alphabet an acronym for Foreign Intelligence Surveillance Act.

• SECTION 101:
  All persons, including unaffiliated groups or individuals, who engage in "international terrorism", will be designated "a foreign power" eliminating any rights that they might have.
• SECTION 102:
  Any person who engages in the legal collection (repealing the current requirement of the collection mode being illegal) of information that may be used by another country, including US reporters, could be deemed "agents of a foreign power", even if the information was used or intended to be used as a standard news media. What information gathered here is not used in foreign news media?
• SECTION 103:
  This would extend the government's right to unfettered (Without FISA court approval) searches and taps for a period of 15 days after a declaration of war by congress to also be invoked after a Congressional authorization of the use of force or an attack, while SECTION 104 extends the term from 15 days to one year, and expands the scope of the surveillance.
• SECTION 105:
  This would make it easier for FISA collected information to be made available to law enforcement.
• SECTION 106:
  Gives immunity to agents who engage in searches without court approval.
• SECTION 107:
  Eliminates the tighter restrictions on conducting investigations against US citizens than against foreign nationals in the US.
• SECTION 109:
  Gives the FISA court the same powers as a regular court to force cooperation.
• SECTION 110:
  To prevent sun-setting of certain aspects of the USA Patriot Act.
• SECTION 111:
  Removing different rules between foreign nationals and US citizens in terrorism investigations.
• SECTION 122:
  Allows electronic surveillance and monitoring without a court order in `emergencies' and makes it easier to allow foreign law enforcement requests for investigations in the US to be carried out.
• SECTION 123:
  Extends tapping and surveillance and further minimizes judicial oversight and involvement.
• SECTION 124:
  Extends a single search's legality over all functions of multi-function devices.
• SECTION 125:
  Expands the types of crimes for which a federal judge in one district may issue a nationwide warrant valid in all areas.
• SECTION 126:
  Allow Federal agents to obtain anyone's credit report, consumer records, and other financial records on request, and prevent the reporting agency from revealing to their customer that their records had been accessed.
• SECTION 128:
  Allow the Justice Department, independent of a judge, to issue subpoenas.
• SECTION 129:
  Would make compliance with the above subpoenas and other requests for records mandatory, and would make refusal or disclosure of the demand a felony punishable by 5 years in prison.
• SECTION 201:
  Allows the government to hold people "detained in the investigation of terrorism" secretly and, apparently, indefinitely.
• SECTION 202:
  Limits the safety information presented to the public on the potential hazards of chemical spills, releases, etc.
• SECTION 203:
  Eliminates public release of the layout of government buildings.
• SECTION 204:
  Makes it easier for the government to present secret, classified information to the court alone.
• SECTION 205:
  Eliminates tax assessments on the value of private security systems and measures used by federal employees and officials for their protection. No such exemption extends to anyone else.
• SECTION 206:
  Would impose on counsel contacted by those subpoenaed by a Grand Jury the same demand or secrecy that is imposed on those who are actually subpoenaed.
• SECTION 302:
  Would establish a DNA database, the identifying information to be taken from the following people: persons SUSPECTED of conspiring, attempting, or engaging in terrorism; enemy combatants and POW's; persons suspected of being members of a terrorist organization; aliens engaged in activity that endangers national security.
• SECTION 303:
  Would require all law enforcement agencies to provide the above identifying data to the attorney general, would allow him to establish a database and either use the information or share it with other law enforcement agencies, specifically including foreign ones.
• SECTION 311:
  Allows the sharing of credit, consumer, and financial information with foreign governments.
• SECTION 312:
  Would make void most consent decrees issued by State and local governments that protect against unreasonable search and seizure, thus allowing State and local law enforcement to operate under federal regulations rather than the restrictions of their own localities, EXCEPT those consent decrees based on accusations of racism or racial profiling.
• SECTION 313:
  Protects businesses and personnel from civil liability for voluntarily sharing information with federal law enforcement.
• SECTION 321:
  Would eliminate the treaty clause and allow the federal government to engage in an investigation in the US on the request of any foreign power.
• SECTION 322:
  Would allow, at the will of the attorney general and secretary of state, the extradition of suspects to a foreign country for crimes not covered by extradition treaties, or even to those countries with whom we have no extradition treaty at all.
• SECTION 401:
  Would make it a crime to "knowingly convey false or misleading information, where such information may be believed" and increases penalties for terrorism hoaxes.
• SECTION 402:
  Provides definition for the material support of terrorism to include materials, instruction or teaching, or personnel to a terrorist organization.
• SECTION 403:
  Extends federal jurisdiction over Weapons of Mass Destruction laws to cover virtually everything, including property within the US owned, leased or used by a foreign government; if any form of interstate or foreign commerce is used in setting up the attack, if the property attacked relates to or is used in any activity that affects interstate or foreign commerce, or if the perpetrator travels or causes another to travel in interstate or foreign commerce in furtherance of the crime.
• SECTION 404:
  Any person using encryption during or related to a federal crime will be sentenced to an extra 5 years in prison.
• SECTION 405:
  Automatically denies bail to anyone charged with terrorism related activities.
• SECTION 407:
  Extends interstate or foreign commerce jurisdiction similar to that described in SECTION 403 to virtually all terrorism- related crimes.
• SECTION 408:
  Allows for the placing of convicts on parole or probation for life, and eliminates re-sentencing violators for anything less than the original sentence. These provisions also apply to computer virus makers and those who have donated money to terrorist groups.
• SECTION 409:
  Any person suspected (not necessarily charged) of being a terrorist-related threat may have his pilot's license suspended or revoked.
• SECTION 410: Provides no statute of limitations for terrorist crimes, including cyber-terrorism or donating money to terrorist groups.
• SECTION 411:
  Increases number of acts subject to the death penalty.
• SECTION 421:
  Increases penalties for "financing terrorism" or for "trading with prohibited persons" to $50,000 per offence.
• SECTION 422:
  Makes it easier to charge people with money laundering.
• SECTION 423:
  Removes tax-exempt status from terrorist organizations (?).
• SECTION 424:
  Anyone convicted of terrorism may be denied federal benefits.
• SECTION 425:
  Defines financing terrorism.
• SECTION 426:
  Adds RICO procedure to terrorist financing.
• SECTION 427:
  Allows for the seizure of assets of persons committing or planning terrorism.
• SECTION 428:
  More asset forfeiture.
• SECTION 501:
  Americans can lose their citizenship if they serve in or provide material support to any organization designated as a terrorist group, and that the intent to relinquish nationality can be inferred from conduct.
• SECTION 502:
  Allows increased penalties for immigration related crimes.
• SECTION 503:
  Allows the Attorney General to bar admittance to or remove from the US "individuals" (aliens?) that he has reason to believe would be a danger to national security.
• SECTION 504:
  Allows for the attorney general to automatically remove criminal aliens who have been convicted of certain crimes, expressly included among which is draft evasion.