FFL's to fall under Patriot Act II?


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Jonesy9
January 2, 2004, 01:16 PM
So, it looks like FFL's will now be known as "financial institutions" in recently passed legislation. Nice! Score another one for big bro and his merry band of federal government expanders.

WITH A WHISPER, NOT A BANG

By David Martin 12/24/2003

Bush signs parts of Patriot Act II into law — stealthily

O n December 13, when U.S. forces captured Saddam Hussein, President George W. Bush not only celebrated with his national security team, but also pulled out his pen and signed into law a bill that grants the FBI sweeping new powers. A White House spokesperson explained the curious timing of the signing - on a Saturday - as "the President signs bills seven days a week." But the last time Bush signed a bill into law on a Saturday happened more than a year ago - on a spending bill that the President needed to sign, to prevent shutting down the federal government the following Monday.

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. Consequently, while most Americans watched as Hussein was probed for head lice, few were aware that the FBI had just obtained the power to probe their financial records, even if the feds don't suspect their involvement in crime or terrorism.

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote.
The Bush Administration and its Congressional allies tucked away these new executive powers in the Intelligence Authorization Act for Fiscal Year 2004, a legislative behemoth that funds all the intelligence activities of the federal government. The Act included a simple, yet insidious, redefinition of "financial institution," which previously referred to banks, but now includes stockbrokers, car dealerships, casinos, credit card companies, insurance agencies, jewelers, airlines, the U.S. Post Office, and any other business "whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters."

Congress passed the legislation around Thanksgiving. Except for U.S. Representative Charlie Gonzalez, all San Antonio's House members voted for the act. The Senate passed it with a voice vote to avoid individual accountability. While broadening the definition of "financial institution," the Bush administration is ramping up provisions within the 2001 USA Patriot Act, which granted the FBI the authority to obtain client records from banks by merely requesting the records in a "National Security Letter." To get the records, the FBI doesn't have to appear before a judge, nor demonstrate "probable cause" - reason to believe that the targeted client is involved in criminal or terrorist activity. Moreover, the National Security Letters are attached with a gag order, preventing any financial institution from informing its clients that their records have been surrendered to the FBI. If a financial institution breaches the gag order, it faces criminal penalties. And finally, the FBI will no longer be required to report to Congress how often they have used the National Security Letters.

rest:

http://www.sacurrent.com/site/news.cfm?newsid=10705756&BRD=2318&PAG=461&dept_id=482778&rfi=6

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striker3
January 2, 2004, 10:30 PM
Why would the FBI need to cut out the judge? How hard is it to get a warrant signed? Not very hard from what I've seen. The only reason that can possibly be true is that they do not want to have to provide proof of suspicion.

And since when is a "financial institution" something which does not deal primarily in liquid assets?

Something smells pretty fishy here...

glocksman
January 3, 2004, 12:33 AM
The FBI can already go through an FFL's records by the simple expedient of asking the ATF to perform a 'compliance audit' on the FFL in question or simply having the ATF request the information from the FFL holder.

Under the law, if the ATF requests information about a firearm that is being traced, the FFL holder must comply with the request.

clubsoda22
January 3, 2004, 04:14 AM
I still can't believe people are actually thinking of re-electing this guy :rolleyes:

fallingblock
January 3, 2004, 05:40 AM
"I still can't believe people are actually thinking of re-electing this guy."
************************************************************

:D :D

clubsoda22
January 3, 2004, 07:19 AM
ever hear howard dean talk about the patriot act?

Thumper
January 3, 2004, 08:28 AM
Howard Dean slobbers over the idea of getting his hands on the keys and driving the Patriot Act around for awhile.

You'd probably really enjoy Dean's Attorney General.

:barf:

Too bad, Howie...none for you.

clubsoda22
January 3, 2004, 08:53 AM
Dean on the above:

I would do two things. First of all, I would remove the parts of the Patriot Act that are clearly unconstitutional. It can't be constitutional to hold an American citizen without access to a lawyer. Secondly, it can't be constitutional for the FBI to be able to go through your files at the library or the local video store, to see what you've taken out in the last week, without a warrant. The other thing I would do is appoint judges that would uphold the constitution. This President is appointing people from the far-right Federalist Society who have a different view of the constitution than most Americans. I hate to agree with anything Dick Nixon said, but Dick Nixon used to say that he wanted strict constructionists for the bench. This President is appointing right-wing judicial activists. We need strict constructionists that believe in the constitution and will uphold it as written.

TarpleyG
January 3, 2004, 08:59 AM
I would do two things. First of all, I would remove the parts of the Patriot Act that are clearly unconstitutional. It can't be constitutional to hold an American citizen without access to a lawyer. Secondly, it can't be constitutional for the FBI to be able to go through your files at the library or the local video store, to see what you've taken out in the last week, without a warrant. The other thing I would do is appoint judges that would uphold the constitution. This President is appointing people from the far-right Federalist Society who have a different view of the constitution than most Americans. I hate to agree with anything Dick Nixon said, but Dick Nixon used to say that he wanted strict constructionists for the bench. This President is appointing right-wing judicial activists. We need strict constructionists that believe in the constitution and will uphold it as written.
Yeah, and I got a bridge to sell ya.

GT

clubsoda22
January 3, 2004, 09:15 AM
you have evidence he's not telling the truth? Because i have indesputable evidence that bush wouldn't do these things, for one, his administration drafted the law. :rolleyes:

striker3
January 3, 2004, 11:46 AM
you have evidence he's not telling the truth?

How about the numerous times that he has already been caught espousing two contradictoray viewpoints? He will tell anyone exactly what they want to hear. I do not believe that he is capable of being honest.

w4rma
January 3, 2004, 03:11 PM
USA PATRIOT Act as Passed by Congress - HR 3162 (Oct. 25, 2001)
http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011025_hr3162_usa_patriot_bill.html

Repeal the USA Patriot Act

This is the first in a six-part series of articles on the USA Patriot Act: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.”

http://www.truthout.org/docs_02/04.02A.JVB.Patriot.htm

USA Patriot Act powers prompt second look

Secret court subpoenas, examinations of bookstore records, revised immigration policies and other uses of sweeping new powers have some Senate Democrats taking a new critical look at the USA Patriot Act, enacted in the aftermath of Sept. 11.

http://www.hillnews.com/050102/patriot.shtm

… Viet Dinh (http://www.usdoj.gov/olp/vietdinh.htm), the former assistant attorney general for the Office of Legal Policy at the Justice Department. He helped draft the Patriot Act …
http://www.pbs.org/newshour/bb/terrorism/july-dec03/patriot_8-19.html


In May 2001, with the appointment of Assistant Attorney General Viet D. Dinh (http://www.usdoj.gov/olp/vietdinh.htm[/url), Attorney General John Ashcroft restored the name of the office as the Office of Legal Policy and confirmed its principal policy role within the Department.
http://www.usdoj.gov/olp/history.htm

A Chilly Response to 'Patriot II'

Unlike its hastily passed predecessor, the Justice Department's wide-ranging follow-up to the Patriot Act of 2001 is already facing intense scrutiny, just days after a civil rights group posted a leaked version of the legislation on its website.

The legislation, nicknamed Patriot II, would broadly expand the government's surveillance and detention powers. Among other measures, it calls for the creation of a terrorist DNA database and allows the attorney general to revoke citizenship of those who provide “material support” to terrorist groups.

Privacy advocates said the bill “gutted the Fourth Amendment,” while prominent Democratic senators, including Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, immediately chastised the administration for its secrecy.

http://www.wired.com/news/politics/0,1283,57636,00.html

Patriot Act II Resurrected?

Congress may consider a bill that not only expands the government's wiretapping and investigative powers but also would link low-level drug dealing to terrorism and ban a traditional form of Middle Eastern banking.

The draft legislation -- titled the Vital Interdiction of Criminal Terrorist Organizations Act of 2003, or Victory Act -- includes significant portions of the so-called Patriot Act II, which faced broad opposition from conservatives and liberals alike and embarrassed the Justice Department when it was leaked to the press in February.

The Victory Act also seems to be an attempt to merge the war on terrorism and the war on drugs into a single campaign. It includes a raft of provisions increasing the government's ability to investigate, wiretap, prosecute and incarcerate money launderers, fugitives, "narco-terrorists" and nonviolent drug dealers. The bill also outlaws hawalas, the informal and documentless money transferring systems widely used in the Middle East, India and parts of Asia.

A June 27 draft of the bill, authored by Sen. Orrin Hatch (http://www.senate.gov/~hatch/) (R-Utah) and co-sponsored by four fellow Republicans on the Judiciary Committee, has been circulating in Washington, D.C.

http://www.wired.com/news/politics/0,1283,60129,00.html

… link to a draft of the Victory Act (http://www.libertythink.com/VICTORYAct.pdf) (89 pages, pdf) …
http://www.bespacific.com/mt/archives/003693.html

With a Whisper, not a Bang | Bush signs parts of Patriot Act II into law — stealthily
http://www.thehighroad.org/showthread.php?s=&threadid=56630

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