Friday, July 19, 2013

Never Let a good crisis go to waste : NSA apologists say spying is only used for menaces like "weapons of mass destruction" and "terror." But those terms have been radically redefined

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Mission Creep: When Everything Is Terrorism

 
One of the assurances I keep hearing about the U.S. government's spying on American citizens is that it's only used in cases of terrorism. Terrorism is, of course, an extraordinary crime, and its horrific nature is supposed to justify permitting all sorts of excesses to prevent it. But there's a problem with this line of reasoning: mission creep. The definitions of "terrorism" and "weapon of mass destruction" are broadening, and these extraordinary powers are being used, and will continue to be used, for crimes other than terrorism.
Back in 2002, the Patriot Act greatly broadened the definition of terrorism to include all sorts of "normal" violent acts as well as non-violent protests. The term "terrorist" is surprisingly broad; since the terrorist attacks of 9/11, it has been applied to people you wouldn't normally consider terrorists.
The most egregious example of this are the three anti-nuclear pacifists, including an 82-year-old nun, who cut through a chain-link fence at the Oak Ridge nuclear-weapons-production facility in 2012. While they were originally arrested on a misdemeanor trespassing charge, the government kept increasing their charges as the facility's security lapses became more embarrassing. Now the protestors have been convicted of violent crimes of terrorism -- and remain in jail.
Meanwhile, a Tennessee government official claimed that complaining about water quality could be considered an act of terrorism. To the government's credit, he was subsequently demoted for those remarks.
The notion of making a terrorist threat is older than the current spate of anti-terrorism craziness. It basically means threatening people in order to terrorize them, and can include things like pointing a fake gun at someone, threatening to set off a bomb, and so on. A Texas high-school student recently spent five months in jail for writing the following on Facebook: "I think I'ma shoot up a kindergarten. And watch the blood of the innocent rain down. And eat the beating heart of one of them." Last year, two Irish tourists were denied entry at the Los Angeles Airport because of some misunderstood tweets.
Another term that's expanded in meaning is "weapon of mass destruction." The law is surprisingly broad, and includes anything that explodes, leading political scientist and terrorism-fear skeptic John Mueller to comment:
As I understand it, not only is a grenade a weapon of mass destruction, but so is a maliciously-designed child's rocket even if it doesn't have a warhead. On the other hand, although a missile-propelled firecracker would be considered a weapon of mass destruction if its designers had wanted to think of it as a weapon, it would not be so considered if it had previously been designed for use as a weapon and then redesigned for pyrotechnic use or if it was surplus and had been sold, loaned, or given to you (under certain circumstances) by the secretary of the army ....
All artillery, and virtually every muzzle-loading military long arm for that matter, legally qualifies as a WMD. It does make the bombardment of Ft. Sumter all the more sinister. To say nothing of the revelation that The Star Spangled Banner is in fact an account of a WMD attack on American shores.


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