Warning: Proposed anti-terrorism law is grave threat to Americans' liberty

WASHINGTON, DC -- New anti-terrorism "security" measures proposed by the Bush administration may be a threat to the Constitution and Americans' fundamental liberties, and should be more carefully considered before Congress rushes to approve them.

That's what the Libertarian Party and 100 other organizations in the newly formed "In Defense of Freedom" coalition are saying this week.

"In the process of punishing terrorists, we must not lose what we're trying to defend: Freedom," said Steve Dasbach, national director of the Libertarian Party.

"Terrorists see their September 11 attacks on New York and Washington as a victory. Let's not hand them another victory by hastily enacting laws that will permanently reduce Americans' freedom."

To combat that danger, the Libertarian Party has joined a coalition that includes the American Civil Liberties Union, Americans for Tax Reform, the Free Congress Foundation, the Center for Democracy and Technology, the Council on American-Islamic Relations, the Leadership Conference on Civil Rights, the Electronic Privacy Information Center, and many others.

The group held a press conference on Thursday at the National Press Club in Washington, DC, and released a 10-point statement of principles that will guide its actions.

The statement encourages Americans to "resist the temptation to enact proposals in the mistaken belief that anything that may be called anti- terrorist will necessarily provide greater security."

The In Defense of Freedom coalition also demanded that "those who perpetrated these [terrorist] acts be held accountable" -- but urged that any legislation should be considered "calmly and deliberately" to avoid trampling on the rights of innocent Americans.

That's exactly the right approach to take, said Dasbach.

"Prosecuting the guilty and protecting the innocent are the twin pillars of the American justice system," he said. "If you remove either one, our system will collapse.

"The danger is that this new legislation will do little or nothing to actually catch foreign terrorists -- but will curtail the freedoms of ordinary Americans."

In response to the deadly terrorist attacks on the World Trade Center and the Pentagon, Congress is now considering the "Combating Terrorism Act of 2001." The bill would allow the government to:

* Confiscate the assets of any foreign person, country, or organization accused of being linked to terrorist activity.

* Obtain student records from colleges and universities.

* Acquire credit card, phone call, computer use, and bank transaction records.

* Expand police wiretap authority.

* Install the "Carnivore" e-mail eavesdropping program for a limited time without a court order -- even though Congress and an angry public forced the FBI to abandon the initiative last year.

* Lock up foreigners deemed to be "terrorist suspects" for 48 hours -- then deport them without presenting any evidence of wrongdoing.

In addition, one politician -- U.S. Rep. Mary Bono (R-CA) -- has even suggested Americans may be forced to carry a national identity card or submit to mandatory fingerprinting.

The problem with these proposals, said Dasbach, is that they repeat the same mistake the country has made in past national emergencies.

"Previous national crises spawned repressive laws that most Americans now regret," he said. "Examples include the internment of loyal Japanese-Americans during World War II; FBI surveillance of civil rights advocates during the 1960s; and the Alien and Sedition Act of 1798, which outlawed criticism of the government.

"Unfortunately, the legislation now being considered by Congress bears an eerie similarity to those blots on our nation's history."

The proposed anti-terrorism legislation also chips away at this nation's most precious resource: The civil liberties guaranteed in the Bill of Rights, said Dasbach.

"Terrorists can destroy lives, but they can't destroy the liberties Americans hold so dear," he said. "Unfortunately, U.S. politicians may destroy those liberties -- if Americans don't speak out against them.

"Our message -- and the message of the entire In Defense of Freedom coalition -- to Washington, DC is simple: Attack terrorists. Don't attack the Constitution."

However, if Congress is determined to rush though emergency legislation, there is one "common-sense" thing it can do to alleviate some of the concerns of civil libertarians, said Dasbach.

"Congress should include a 90-day sunset provision in any legislation involving civil liberties or police power," he said. "That way, we can lessen the chance that a temporary crisis will lead to a permanent restriction on freedom."