The Problem with H.R. 1955
Thursday, November 29th, 2007My sister asked a great question on my Facebook wall:
Ummm, BJ- I read H.R. 1955 and couldn’t find anything about throwing people in jail for comments on Facebook- am I missing something?
The first problem with H.R. 1955 is the name: “Violent Radicalization and Homegrown Terrorism Prevention Act of 2007″. As everyone knows, most legislation is named to obscure its unintended, yet inevitable, consequences. Take HIPAA for example — the Health Insurance Portability and Accountability Act is widely believed to ensure privacy of your medical records, although privacy isn’t even in the name. The effect of HIPAA, however, is to ensure that your all your medical information is easily available to anyone involved in the “process of care”, or with any financial interest in your health. So much for privacy of your medical records.
But when you dig into H.R. 1955, you might start asking questions at the Definitions:
`SEC. 899A. DEFINITIONS.
`For purposes of this subtitle:
`(1) COMMISSION- The term `Commission’ means the National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism established under section 899C.
`(2) VIOLENT RADICALIZATION- The term `violent radicalization’ means the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change.
`(3) HOMEGROWN TERRORISM- The term `homegrown terrorism’ means the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.
`(4) IDEOLOGICALLY BASED VIOLENCE- The term `ideologically based violence’ means the use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual’s political, religious, or social beliefs.
Here are some questions:
- Why is it necessary to define Homegrown Terrorism, or Ideologically Based Violence, based upon a person’s thoughts or beliefs? Why are current criminal laws insufficient?
- What defines “extremist” belief? Was Rosa Parks “extremist” when she thought she deserved a seat at the front of the bus?
- Why does “ideologically based violence” include “planned use” or “threatened use” of “force or violence”, in addition to “use”?
- Can “use” of violence really be equivalent to the “planned” or “threatened” use of violence, and who defines what is a “plan” or a “threat”?
Then you read through the bill, and discover that on the surface it seems to be a typical pork-fest that spends money that we don’t have (but will happily borrow or print) to create a National Commission and a university-based Center of Excellence that will explore these issues in great detail with new federal employees, consultants, and travel expenses.
But here’s the punch line:
`SEC. 899E. PREVENTING VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM THROUGH INTERNATIONAL COOPERATIVE EFFORTS.
`(a) International Effort- The Secretary shall, in cooperation with the Department of State, the Attorney General, and other Federal Government entities, as appropriate, conduct a survey of methodologies implemented by foreign nations to prevent violent radicalization and homegrown terrorism in their respective nations.
`(1) a brief description of the foreign partners participating in the survey; and
`(2) a description of lessons learned from the results of the survey and recommendations implemented through this international outreach.
`(b) Implementation- To the extent that methodologies are permissible under the Constitution, the Secretary shall use the results of the survey as an aid in developing, in consultation with the Attorney General, a national policy in the United States on addressing radicalization and homegrown terrorism.
OK, there are some teeth. Now we’ll have a national “policy”. Excellent. But should I be concerned that one of the Findings says, “The Internet has aided in facilitating violent radicalization, ideologically based violence, and the homegrown terrorism process in the United States by providing access to broad and constant streams of terrorist-related propaganda to United States citizens”? Since we’re going into the policymaking process with that Finding, might we be justified in censoring the Internet? Why are citizens not empowered to educate and defend themselves with broad access to such terrorist-related propaganda? Isn’t knowledge power?
But don’t worry. We’ll respect civil rights and civil liberties:
SEC. 899F. PROTECTING CIVIL RIGHTS AND CIVIL LIBERTIES WHILE PREVENTING IDEOLOGICALLY BASED VIOLENCE AND HOMEGROWN TERRORISM.
`(a) In General- The Department of Homeland Security’s efforts to prevent ideologically based violence and homegrown terrorism as described herein shall not violate the constitutional rights, civil rights, or civil liberties of United States citizens or lawful permanent residents.
`(b) Commitment to Racial Neutrality- The Secretary shall ensure that the activities and operations of the entities created by this subtitle are in compliance with the Department of Homeland Security’s commitment to racial neutrality.
`(c) Auditing Mechanism- The Civil Rights and Civil Liberties Officer of the Department of Homeland Security shall develop and implement an auditing mechanism to ensure that compliance with this subtitle does not violate the constitutional rights, civil rights, or civil liberties of any racial, ethnic, or religious group, and shall include the results of audits under such mechanism in its annual report to Congress required under section 705.’.
The danger with this thought process is that by stating civil rights and civil liberties will be “protected”, we are put in the Orwellian position of redefining civil rights and civil liberties based upon whatever happens to spit out of Magical Policy Machine. Obviously, since the legislation requires that civil rights and liberties be protected, the resulting policy must have taken those concerns into consideration, right?
So, in answer to my sister’s question:
… in other words, the actual data-mining of comments on Facebook to throw people in jail isn’t in the legislation. That would be too over the top. Instead, Congress gives the policymaking committee power to write its own rules by saying “the Secretary shall use the results of the survey as an aid in developing, in consultation with the Attorney General, a national policy in the United States on addressing radicalization and homegrown terrorism”.
This very idea of Congress giving an unaccountable federal committee carte blanche to define a national policy for “addressing radicalization and homegrown terrorism“ is a slap in the face to our Constitutional Republic, the criminal justice system, and an insult to the soldiers and citizens who have fought for freedom throughout our history.
Does any of this sound in the least familiar? Any echoes from the past? Check out the Alien and Sedition Acts of 1798 — Thomas Jefferson would not be happy with us right now. What happened to free people in a free country with the rule of law, due process, and existing criminal laws against destruction of life, liberty, and property?
This act has already passed the House, with the support of my opponent Rep. David Price. Vote out irresponsible incumbents, and help stop this bill in the Senate as S. 1959. Freedom isn’t free — call and write your senators today.




