Where I Stand — Mike O’Callaghan: Laws to fight terrorism

Tuesday, Oct. 23, 2001 | 9:14 a.m.

Because of past abuses of wiretaps and other methods of intercepting communications by law enforcement, I have always been concerned about expanding these powers. Other people have expressed their concerns and have pointed out that even the proposed expanded powers wouldn't have prevented the attacks on Sept. 11, 2001. I'm not sure they are right in this assumption, but I don't have the knowledge to debate the issue. Because of this I have turned to a great constitutional scholar, Harvard's Laurence H. Tribe, and other respected scholars.

Certainly Tribe would find fault with the expansion of wiretap laws. In the Wall Street Journal, Tribe writes, "... some proposals, being overdue and entirely constitutional responses to technological change, must be enacted promptly. Existing provisions dealing with biological threats have not kept pace with bioterrorism and should be broadened. Cell phones have made wiretap warrants limited to particular phone lines obsolete; wiretap authority applying to a suspect personally, and regardless of the phone he uses, is sensible and constitutional. So, too, if search warrants suffice to seize non-voicemail messages, they should suffice to seize stored voicemail."

It is obvious that exceptional methods must be devised and used in this high-tech world where bad people take advantage of our free society to destroy the very values we hold dear. Our form of government is a threat to the leaders of governments that deny their citizens these freedoms and the quality of life we enjoy. For this reason, terrorists have been supported and encouraged by several governments as they strike out against us. Large numbers of terrorists, including those who came into our nation to kill wantonly, use their extreme interpretation of Islam to justify their actions. As the investigations of these most recent attacks unfold, we will be able to see exactly how they used our technology and our freedoms to their advantage

Tribe goes on to expand his thinking when writing, "New legislation need not be limited to measures that catch up with technology. Asset forfeiture and other provisions of our anti-racketeering laws should be extended to terrorist groups. Terrorist offenses should be subjected to enhanced penalties and denied the shield of statutes of limitations. Congress should add preventive steps providing greater security, including federalizing airport check-ins, more armed federal marshals on airplanes and trains, tightening federal controls on crop dusters and other private aircraft, and enlarging the budget for hiring and training counter terrorism infiltrators fluent in the suspect's languages."

Tribe also expressed his belief that all of these proposals should only be enacted after strengthening safeguards against abuse. Recent debates in Congress appear to have made changes to answer some of the concerns of civil libertarians. Among them is the requirement for the attorney general to either bring criminal or immigration charges within 7 days after taking custody of an alien or release them from custody. Once these charges have been brought, the subject alien can be held in custody until further action.

The legislation scheduled for approval this week will be complex in its interpretation and will take some time for the executive and judicial branches of government to implement and digest. Unless some drastic changes are made, the proposed Uniting and Strengthening America Act now being considered is a first step to answer the challenge of those who want to destroy us.