DOCSLIB.ORG

Safeguarding Humanitarianism in Armed Conflict

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Safeguarding Humanitarianism in Armed Conflict Safeguarding Humanitarianism in Armed Conflict: A Call for Reconciling International Legal Obligations and Counterterrorism Measures in the United States The Charity & Security Network was launched in November 2008 by charities, grant makers, and faith-based and advocacy groups to address challenges to humanitarian, development, and peacebuilding activities posed by U.S. counterterrorism measures. Our work includes: Increasing public awareness and knowledge of this often overlooked problem; Promoting alternative regulatory and legal approaches that reflect the realities and needs of nonprofit programs and grant making; and Coordination and support for nonprofit stakeholders to take joint action for reform. Acknowledgments: The report was supported in part by a grant from the Open Society Foundation, the Catholic Organization for Relief and Development (Cordaid), the Nathan Cummings Foundation, Moriah Fund, Muslim Legal Fund of America, Proteus Fund, and an Anonymous donor. We extend our thanks for your support. The report was written by Kay Guinane, director of the Charity & Security Network, Karen Siciliano Lucas, an attorney consultant with the Charity & Security Network, and Elizabeth Holland, an associate attorney with Foley Hoag LLP. Editing was by Suraj K. Sazawal and Nathaniel J. Turner. The views expressed in this report are those of the authors, and are not attributable to their employers. This report is for educational purposes only. It conveys general information and a general understanding of the law. It does not constitute legal advice. Editorial suggestions from Jonathan Benthall, Sharon Bradford Franklin, Dustin Lewis, Kate Mackintosh, Naz Modirzadeh, Gabor Rona, and Sue Smock were greatly appreciated. Any errors are solely those of the authors and not the reviewers. Cover and report design by Nathaniel J. Turner. Cover photo by Colin Crowley/Save the Children. All photos used in this report were licensed under the Creative Commons at the time of publishing. This report is available free of charge, at www.charityandsecurity.org/SafeguardingHumanitarianism. The Charity & Security Network 110 Maryland Ave., NE, Suite 108 Washington, D.C. 20002 Tel. (202) 481 6926 [email protected] Twitter: @charitysecurity 1 Contents Introduction ........................................................................................................................................................ 5 Executive Summary ........................................................................................................................................... 7 Part 1: United States Counterterrorism Law and Policy Impacting Humanitarian Action ...................16 Chapter I: The Broad Prohibition on Providing “Material Support” to Terrorism ............................17 A. The Definition of Material Support ........................................................................................................................ 17 B. The Narrow Humanitarian Exemption .................................................................................................................. 18 C. The First Amendment, “Coordinated Speech,” and the Humanitarian Law Project Decision ......... 18 D. Knowledge Requirement and the Holy Land Foundation Litigation ........................................................ 19 Chapter II: Powers Authorizing Listing (Designation) of Charities and Freezing Assets ..................21 A. The President's Broad Authority to Impose Economic Sanctions .............................................................. 21 B. Treasury’s Procedures for Listing (Designation) and Freezing Assets Lack Basic Due Process ...... 23 C. Courts Have Recognized Constitutional Defects in the Listing and Asset Freezing Process .......... 24 D. The Humanitarian Exemption Waiver in Sanctions Law ................................................................................ 26 E. Problems with Treasury's Licensing Process ...................................................................................................... 27 Part 2: Armed Conflict and International Humanitarian Law Obligations of the United States .........29 Chapter III: The Framework of International Humanitarian Law .........................................................30 A. Public International Law ............................................................................................................................................. 30 B. The Material Scope of International Humanitarian Law ................................................................................ 32 i. Non-international Armed Conflict ......................................................................................................................... 33 ii. International Armed Conflict ................................................................................................................................... 36 Chapter IV: Humanitarian Access under International Humanitarian Law .........................................38 A. Definition of Assistance .............................................................................................................................................. 39 B. Right of Initiative ........................................................................................................................................................... 40 C. Humanitarian Principles ............................................................................................................................................. 41 D. Engagement with Non-state Armed Groups ..................................................................................................... 43 E. Requirement of State Consent ................................................................................................................................ 44 F. Limits on Authority of the State to Regulate Access ...................................................................................... 46 Chapter V: Additional International Humanitarian Law Obligations and Considerations ...............47 A. Provision of Medical Assistance .............................................................................................................................. 47 B. Protections Afforded Staff of Humanitarian Organizations ......................................................................... 47 C. Obligations of Third States ....................................................................................................................................... 48 2 D. The Role of UN Security Council Resolutions .................................................................................................... 49 E. International Human Rights Law............................................................................................................................. 50 Part 3: The Need to Reconcile U.S. Counterterrorism Measures with International Legal Principles and Obligations ................................................................................................................................................52 Chapter VI: How the Material Support Statute and Economic Sanctions Block Access to Civilians in Need ..........................................................................................................................................................55 A. U.S. Counterterrorism Measures Conflict with Basic International Humanitarian Law ...................... 55 B. Barriers to Partnering with Local Charities Impede Humanitarian Access ............................................. 56 C. USAID's No Contact Policy ......................................................................................................................................57 D. The Licensing Process Is Ineffective as a Means of Access .......................................................................... 58 i. Persistent Problems with the Licensing Process Hamper Aid, Disaster Response. ............................. 59 ii. Treasury Denies Licenses to Release Frozen Funds of Charities for Aid ................................................. 60 Chapter VII: Limited Humanitarian Exemptions Are Barriers to Helping Civilians ...........................63 A. The United States’ Limited Exemption Imposes a Permanent, Blanket Ban when IHL Allows Only Temporary Restrictions ......................................................................................................................................................... 63 B. Exemptions Under International Law Are Broader than Those Provided by U.S. Measures ........... 65 C. Fungibility: The Flawed Justifications for the Narrow U.S. Humanitarian Exemption ........................ 65 i. The NGO Sector’s Accountability Standards Help Prevent Indirect Benefits to Armed Groups ... 66 ii. UN Protocols Set Standards for Negotiating Humanitarian Access with Armed Groups ................ 68 D. International Humanitarian Law Does Not Allow Fungibility Concerns to Categorically Block All Aid……………………………………………………………………………………………………………………………………………………...69 Chapter VIII: U.S. Counterterrorism Rules Violate Key Principles of Humanitarian Action .............71 A. The Militarization of Aid and NGO Independence .......................................................................................... 72 B. Infringements on Neutrality and Aid Worker Safety .....................................................................................
Load more

Recommended publications
  • A Decade Lost I ABOUT the AUTHORS
    A DECADE LOST i ABOUT THE AUTHORS The Center for Human Rights and Global Justice (CHRGJ) brings together and expands the rich array of teaching, research, clinical, internship, and publishing activities undertaken within New York University (NYU) School of Law on international human rights issues. Philip Alston and Ryan Goodman are the Center’s Faculty co-Chairs; Smita Narula and Margaret Satterthwaite are Faculty Directors; Jayne Huckerby is Research Director; and Veerle Opgenhaffen is Senior Program Director. The Global Justice Clinic (GJC) at NYU School of Law provides high quality, professional human rights lawyering services to individual clients and non-governmental and inter-governmental human rights organizations, partnering with groups based in the United States and abroad. Working as legal advisers, counsel, co-counsel, or advocacy partners, Clinic students work side-by-side with human rights activists from around the world. The Clinic is directed by Professor Margaret Satterthwaite and in Fall 2010 to Spring 2011 was co-taught with Adjunct Assistant Professor Jayne Huckerby; Diana Limongi is Clinic Administrator. All publications and statements of the CHRGJ can be found at its website: www.chrgj.org. This Report should be cited as: Center for Human Rights and Global Justice, A Decade Lost: Locating Gender in U.S. Counter-Terrorism (New York: NYU School of Law, 2011). © NYU School of Law Center for Human Rights and Global Justice A DECADE LOST 1 ACKNOWLEDGEMENTS The Global Justice Clinic (GJC)/Center for Human Rights and Global Justice (CHRGJ) at New York University (NYU) School of Law acknowledges the following individuals for their contributions in the preparation of this report.
    [Show full text]
  • Amicus Curiae Electronic Frontier Foundation Supporting the Appellee and Urging Affirmance ______
    __________________________________ No. 10-10038 __________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT __________________________________ UNITED STATES OF AMERICA, Plaintiff-Appellant v. DAVID NOSAL, Defendant-Appellee __________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTICT OF CALIFORNIA __________________________________ BRIEF OF AMICUS CURIAE ELECTRONIC FRONTIER FOUNDATION SUPPORTING THE APPELLEE AND URGING AFFIRMANCE __________________________________ Marcia Hofmann Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 (415) 436-9333 (415) 436-9993 – facsimile Attorney for Amicus Curiae ____________________________________ TABLE OF CONTENTS TABLE OF AUTHORITIES........................................................................ii DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER ENTITIES WITH A DIRECT FINANCIAL INTEREST IN LITIGATION .................................................................................................................... iv STATEMENT OF AMICUS CURIAE.......................................................... v I. INTRODUCTION AND SUMMARY OF ARGUMENT....................... 1 II. STATEMENT OF THE CASE.............................................................. 2 III. ARGUMENT....................................................................................... 5 A. The Computer Fraud And Abuse Act Does Not Prohibit Mere Violation Of Corporate Policies .....................................................
    [Show full text]
  • Insert Catchy Title
    Addressing Tomorrow’s Terrorists Andrew Peterson* American anti-terrorism laws are insufficient to address the next wave of global terrorism. When President Bush declared that the United States had begun a “war on terror,”1 the entire government began to reorient itself to tackle America’s newest “generational challenge.”2 The Department of Justice (DOJ) joined this massive effort, declaring in a new Strategic Plan that its focus was not simply to prosecute terrorists for crimes, but to “[p]revent, disrupt, and defeat terrorist operations before they occur.”3 Despite its constant talk of reorientation, however, DOJ has been limited in its ability to creatively address the war on terror for one simple reason: many of the relevant federal criminal statutes are poorly constructed. Prior to September 1994, there were no federal criminal prohibitions that specifically punished material support for terrorism. Prosecutors had to rely instead on generic federal crimes, such as murder and money laundering, or on a variety of statutes condemning specific acts of terrorism, such as air piracy or hostage taking. After the 1993 terrorist bombing of the World Trade Center, this situation rapidly changed. Legislators hastily drafted a number of statutes and amendments that sought to address the domestic terrorist threat. Acting in response to public demand for quick, decisive action, Congress generally maximized the scope of anti-terror prohibitions while overriding any legal obstacles to quick prosecution that were presented by the judiciary. Although it is difficult to fault Congress for acting decisively, the bedrock of counterterrorism enforcement laid down by these statutes is deeply flawed.
    [Show full text]
  • Beyond Terrorism: the Potential Chilling Effect on the Internet of Broad Law Enforcement Legislation
    St. John's Law Review Volume 80 Number 2 Volume 80, Spring 2006, Number 2 Article 5 Beyond Terrorism: The Potential Chilling Effect on the Internet of Broad Law Enforcement Legislation Todd M. Gardella Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. BEYOND TERRORISM: THE POTENTIAL CHILLING EFFECT ON THE INTERNET OF BROAD LAW ENFORCEMENT LEGISLATION TODD M. GARDELLAt INTRODUCTION Terrorists manipulate themselves to society's center stage by exploiting the omnipresence of the media within the modern information age. It is generally understood that, for so much as the cause of modern international terrorism seems to cast itself as diametrically opposed to western values and modernity, its proponents are unafraid to utilize the Internet to further their goals of disruption and destruction. In many ways, the information age is the great enabler of terrorism, providing not only the channels for terrorists to communicate amongst themselves throughout the globe, but also providing them the opportunity to amplify their voice, spread their message, and permeate the homes of those plugged into the modern world of interconnectivity. Both the ubiquity of the Internet and its connection with terrorism distinguish the new millennial era from previous eras of war or crises. The United States' war on terrorism comprises a global effort; terrorism's war on the United States pervades the consciousness of the interconnected multitudes in an effort to shatter our political will.1 In many ways, the decentralized, networked, and amorphous characteristics of the Internet resemble those of the modern terrorist infrastructure.
    [Show full text]
  • The Role of Librarians in Challenges to the USA PATRIOT Act Anne Klinefelter
    NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY Volume 5 Article 3 Issue 2 Spring 2004 3-1-2004 The Role of Librarians in Challenges to the USA PATRIOT Act Anne Klinefelter Follow this and additional works at: http://scholarship.law.unc.edu/ncjolt Part of the Law Commons Recommended Citation Anne Klinefelter, The Role of Librarians in Challenges to the USA PATRIOT Act, 5 N.C. J.L. & Tech. 219 (2004). Available at: http://scholarship.law.unc.edu/ncjolt/vol5/iss2/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of Law & Technology by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 5, ISSUE 2: SPRING 2004 The Role of Librarians in Challenges to the USA PATRIOT Act 1 Anne Klinefelter Librarians and library associations have been outspoken critics of the expanded surveillance powers granted law enforcement with passage of the USA PATRIOT Act in 200 1.2 Librarians' organized protests have given impetus to community and legislative efforts to curtail the expanded power, and librarians have also had a small role in lawsuits challenging the Act. The focus of librarians' concern has been nondisclosure requirements in section 215 and the general relaxing of standards and shrinking 3 of judicial review of applications for searches and seizures. Librarians have yet to identify publicly any particular uses of the Act against libraries, though they have reported some law enforcement requests for library records since September 11.4 1 Anne Klinefelter is Associate Director of the Law Library and Clinical Assistant Professor of Law, University of North Carolina School of Law.
    [Show full text]
  • USA PATRIOT Act of 2001: We Deserve Less
    Critique: A worldwide journal of politics USA PATRIOT Act of 2001: We Deserve Less Kyle M. Groenewold Eureka College At what point does the cost to civil liberties from legislation designed to prevent terrorism outweigh the added security that [the] legislation provides? -Sandra Day O’Connor On 26 October 2001 President George W. Bush signed into law the USA Patriot Act of 2001: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (hereinafter referred to as USA Patriot Act, Patriot Act, or the Act). This new piece of legislation was intended to give intelligence and law enforcement agencies at both the federal and state levels new legal powers to gather information on prospective “enemies of the state.” The Patriot Act was proposed and pushed through Congress just six weeks after the events of 11 September with the fear, anxiety, and panic of the time. Such an atmosphere allowed for an act that includes surveillance powers that have overstepped the boundaries of civil liberty protected by the U.S. Constitution. The horrific events of September 11th left most Americans in a state of fear and shock. For most the questions immediately arose: Who is responsible for this? Why did they do it? How could this happen here? Next, after the assailants were identified (openly claimed responsibility), the questions came: Why had not the government seen this coming? Where was the lapse or misstep in intelligence? We knew these terrorist organizations were plotting against us, right? Why did not the government stop it from happening? Many in the intelligence communities of our nation were glad to see and hear these questions being asked.
    [Show full text]
  • United States Court of Appeals for the Second Circuit
    05-0570-cv UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ALBERTO GONZALES, in his official capacity as Attorney General of the United States, ROBERT S. MUELLER III, in his official capacity as Director of the Federal Bureau of Investigation, and MARION E. BOWMAN, in his official capacity as Senior Counsel to the Federal Bureau of Investigation, Defendants/Appellants, v. JOHN DOE, AMERICAN CIVIL LIBERTIES UNION, and AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs/Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK BRIEF OF ELECTRONIC FRONTIER FOUNDATION, ET AL., IN SUPPORT OF APPELLEES AND AFFIRMATION OF JUDGMENT BELOW Lee Tien Kurt B. Opsahl Kevin S. Bankston Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 (415) 436-9333 (415) 436-9993 (fax) CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Amici Curiae certify that no publicly held corporation or other publicly held entity owns 10% or more of any Amicus Curiae. Respectfully submitted, ____________________________ Lee Tien Kurt B. Opsahl Kevin S. Bankston Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 (415) 436-9333 (415) 436-9993 (fax) TABLE OF CONTENTS I. INTERESTS OF AMICI.....................................................................................1 II. PRELIMINARY STATEMENT.........................................................................4 III. ARGUMENT ......................................................................................................5
    [Show full text]
  • Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check on Executive Power
    Florida State University Law Review Volume 42 Issue 1 Article 9 Fall 2014 Balancing National Security Policy: Why Congress Must Assert its Constitutional Check on Executive Power Rebecca Lightle Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Constitutional Law Commons, and the National Security Law Commons Recommended Citation Rebecca Lightle, Balancing National Security Policy: Why Congress Must Assert its Constitutional Check on Executive Power, 42 Fla. St. U. L. Rev. 255 (2017) . https://ir.law.fsu.edu/lr/vol42/iss1/9 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. BALANCING NATIONAL SECURITY POLICY: WHY CONGRESS MUST ASSERT ITS CONSTITUTIONAL CHECK ON EXECUTIVE POWER REBECCA LIGHTLE* I. INTRODUCTION .................................................................................................. 255 II. THE BALANCE OF NATIONAL SECURITY AUTHORITY ......................................... 257 A. Constitutional Powers ................................................................................ 257 1. Text and Early Debates ........................................................................ 257 2. Judicial Deference to the Executive...................................................... 259 3. The War Powers Resolution and Congressional Acquiescence ............ 263 B. The War on Terrorism
    [Show full text]
  • Association Are You Guilty? Ask the FBI
    BEST POLITICAL DOCS • KOSHER GETS ETHICAL JANUARY 2011 Chicago's other community organizer How to manufacture a disease TERRORIST BY ASSOCIATION Are you guilty? Ask the FBI. BY JEREMY GANTZ PLUS Chris Lehmann takes down the Babbitt of the Bobos, David Brooks letters syrup does not appear isn’t subsidized because the to push the boundaries and to be a measureable manufacturer itself may not struggle to earn recognition contributor to mercury be directly on the dole. The in a marketplace dominated in foods. large agribusinesses that by four or five major labels Also, it is important to grow corn reap not only worldwide. note that manufacturers grain, but lavish government The article’s dramatic of corn sweeteners do not handouts through what I headline reflects the au- receive government support called “skewed government thor’s out-of-date viewpoint. payments. Our industry buys policies.” That means that tax Nostalgia blinds Lears to corn on the open market at dollars allow HFCS manu- the present. It’s a viewpoint the prevailing market price. facturers to take advantage clearly evident when she Audrae Erickson, President of artificially cheap corn writes: “Those of us avid Corn Refiners Association prices to produce artificially listeners who came of age Washington, D.C. cheap HFCS. in the 1990s and earlier re- member how much effort it The mercurial TERRY J. ALLEN Exorcising ‘90s nostalgia science of syrup took to learn about obscure RESPONDS With all due respect, Rachel bands and track down their The American public can rest You have confirmed in an Lears in “The End of Indie?,” recordings.” assured that high fructose email to ITT that Stopford’s (December 2010) misses the Indie music isn’t dead by a corn syrup is safe (“Let Them study was not independent: point.
    [Show full text]
  • Constitutional and Legal Challenges to the Anti-Terrorist Finance Regime
    CONSTITUTIONAL AND LEGAL CHALLENGES TO THE ANTI-TERRORIST FINANCE REGIME Laura K. Donohue* I. INTRODUCTION Contributors to this Symposium address several of the adverse consequences that have accompanied the United States‘ post-9/11 anti-terrorist finance initiatives, such as the humanitarian impact of the freezing of assets, and the effect of federal rules on financial institutions and routine criminal investigations.1 Khalid Medani and others have written about the drying up of remittances to key regions where fundamentalist groups are now gaining ground.2 There are also bureaucratic hurdles created in the sudden onslaught of Suspicious Activity Reports (―SARs‖) in response to the increased regulatory environment post-9/11.3 Examination of these areas is important for a thorough analysis of the current regime. Yet they are not my focus in this Article. * Fellow, Constitutional Law Center, Stanford Law School; By-Fellow, Churchill College, University of Cambridge. Special thanks to Andrew Coan, David Cole, Mariano-Florentino Cuéllar, and Derek Shaffer for their thoughtful comments on an earlier draft of this article. 1. See Nina J. Crimm, The Moral Hazard of Anti-Terrorism Financing Measures: A Potential to Compromise Civil Societies and National Interests, 43 WAKE FOREST L. REV. 577 (2008); and Richard K. Gordon, Trysts or Terrorists? Financial Institutions and the Search for Bad Guys, 43 WAKE FOREST L. REV. 699 (2008). See also LAURA K. DONOHUE, THE COST OF COUNTERTERRORISM: POWER, POLITICS, AND LIBERTY (2008) (discussing legal issues surrounding terrorism such as torture and detention of prisoners of war, changes in counterterrorist finance law, privacy, and free speech); Laura K.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, WEDNESDAY, APRIL 13, 2005 No. 43 House of Representatives The House met at 10 a.m. and was a relationship with You through Your church in Pueblo, Colorado, one of that called to order by the Speaker pro tem- Son Jesus, for it is in Jesus’ name we State’s most under-reached areas. With pore (Ms. CAPITO). pray. Amen. his trademark enthusiasm and commit- f f ment to the Lord, he initiated several other church plants, including Fellow- DESIGNATION OF THE SPEAKER THE JOURNAL PRO TEMPORE ship of the Rockies in Colorado The SPEAKER pro tempore. The Springs. He then went to Florida to The SPEAKER pro tempore laid be- Chair has examined the Journal of the Merit Island, and now serves as the fore the House the following commu- last day’s proceedings and announces senior pastor of Westside Church in nication from the Speaker: to the House her approval thereof. Omaha, Nebraska, where my family WASHINGTON, DC, Pursuant to clause 1, rule I, the Jour- and I attend. April 13, 2005. nal stands approved. Dr. Dodd is also an accomplished au- I hereby appoint the Honorable SHELLY MOORE CAPITO to act as Speaker pro tempore f thor of three books: Add One to Grow on this day. PLEDGE OF ALLEGIANCE On; Hearts on Fire—the Keys to Dy- J. DENNIS HASTERT, namic Church Growth; and Running on Speaker of the House of Representatives.
    [Show full text]
  • FISA and the PATRIOT Act: a Look Back and a Look Forward
    +(,121/,1( Citation: 35 Ann. Rev. Crim. Proc. iii 2006 Content downloaded/printed from HeinOnline (http://heinonline.org) Thu Dec 10 11:51:11 2015 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. 35 GEo. L.J. ANN. REv. CRIM. PR.oc. (2006) iii FISA and the PATRIOT Act: A Look Back and a Look Forward Viet D. Dinh * Wendy J. Keefer** TABLE OF CONTENTS INTRODUCTION ..................................................................................................... .iv THE HISTORY OF THE INTERPLAY BETWEEN ORDINARY CRIMINAL INvESTIGATIONS AND FOREIGN INTELLIGENCE SURVEILLANCE: PuTTING THE AcT IN PERSPECTIVE .................. .iv THE USA PATRIOT AcT: THE FISA AMENDMENTS .............................................. xiii I. Reevaluating The Wall ............................................................................ xiv A. Section 218 (Scope ofFISA) ............................................................... xv B. Section 504 (Permissible Information Sharing) ..................................... xv C. Section 203 (Defining Foreign Intelligence Information) ...................... xvi D. Section 905 (Mandated Information Sharing) ...................................... xvi II. Gathering Information in the Information Age .......................................... xvii III. Extending Accepted Law Enforcement Tools to Investigations of Terrorism .............................................................................................
    [Show full text]