High-Impact Terrorism Proceedings of a Russian-American Workshop (2002) / Chapter Skim
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The Legal Basis for Counterterrorism Activities in the United States
The Legal Basis for Counterterrorism Activities in the United States
Pages 3-15
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From page 5... ...
In their desire to combat terrorism in a modern political context, nations often face conflicting goals and courses of action: (1) providing security from terrorist acts (i.e., limiting the freedom of individual terrorists, terrorist groups, and support networks to operate effectively in a relatively unregulated environment)
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From page 6... ...
Information technology is seen as aiding terrorists to network, operate undetected, and attack national infrastructures. The ability to damage computer systems and other electronic devices by electromagnetic pulses, high-power microwaves, and high-energy radio-frequency devices is a capability that is becoming increasingly available to terrorists.
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From page 7... ...
Congress passed a series of laws to clearly identify terrorism as a crime, to set up procedures for gaining jurisdiction over persons who commit terrorist acts against U.S. persons or property outside the territory of the United States, and to require or permit sanctions on countries supporting terrorism.
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From page 8... ...
. In addition, many federal laws target offenses that may be terrorism related, such as use of weapons of mass destruction; torture; genocide; destruction of aircraft, trains, or motor vehicles or related facilities; threats or crimes of violence against diplomats, members of Congress, Cabinet officers, members of the Supreme Court, the President, or the Vice President; firearms offenses in federal facilities; malicious mischief against federal property or property within the special maritime or territorial jurisdiction of the United States; alien smuggling; air piracy; mailing injurious articles; chemical weapons offenses; and explosives offenses, among others.
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From page 9... ...
mandating homeland defense initiatives to respond to catastrophic terrorism, (3) possible consolidation and coordination of the federal antiterrorism budget; (4)
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From page 10... ...
The Arms Export Control Act authorizes the President to restrict the sale of defense articles and restrict or suspend defense services to states fostering terrorism. Specific authority for the Libyan trade embargo is in Section 503 of the International Trade and Security Act of 1985, while Section 505 of the act authorizes the banning of imports of goods and services from any country supporting terrorism.
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From page 11... ...
For example, on May 22, 1998, President Bill Clinton issued Presidential Decision Directive 63 ("Critical Infrastructure Protection") , which established within the National Security Council a National Coordinator for Security, Infrastructure Protection, and Counterterrorism, who also provides advice regarding the counterterrorism budget.
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From page 12... ...
RICO was designed to address types of activities that Congress perceived to be characteristic of organized crime regardless of who committed those acts. Consequently, application of RICO is triggered by the commission of underlying offenses, including specified violent crimes, extortion, and drug trafficking.
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From page 13... ...
Rather, wiretaps can only be used to investigate certain specified crimes such as bribery, unlawful use of explosives, obstruction of a criminal investigation, kidnapping, violent crimes connected to racketeering, assassination of government officials, destruction of certain aircraft or aircraft facilities, money laundering, sabotage of nuclear facilities, and chemical and biological weapons offenses. Similar judicial standards apply to pen registers (which record phone numbers of outgoing calls)
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From page 14... ...
A growing area of debate in the counterterrorism policy, national security, and law enforcement communities is whether new or revised laws are required to combat the changing nature of terrorist threats and organized criminal activity or whether existing laws are adequate. One option intended to strengthen laws would be to create a continuing criminal enterprise (RICO-type)
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From page 15... ...
Moreover, the ability to damage computer systems and other electronic devices by electromagnetic pulses, high-power microwaves, and highenergy radio-frequency devices is a capability potentially available to terrorists. Such technology is increasingly available in the marketplace available to both criminal and terrorist groups with no international controls currently regulating sale and export.
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