In the wake of the Sept. 11 attacks, lawmakers have focused heavily on national security. To bolster the national investigation, President Bush has expanded law enforcement agencies’ powers to detain possible suspects. This has led to the detention of more than 1,100 individuals as part of the federal government’s massive, nationwide sweep for possible terrorist suspects.
Most of the detainees are being held on immigration-related charges, typically for having overstayed their visas. But most were forced to spend several nights in jail simply for appearing foreign. Most courts have at their disposal an FBI affidavit which says that those outside the intelligence community may not be able to understand the significance of holding suspects. Prosecuting attorneys have relied on this document to hold a number of suspects in custody without bail in the interests of national security.
Law enforcement agencies have expanded communications power. Investigators can now tap telephone lines, monitor e-mail and Internet use and obtain bank records with little problems. Additionally, any suspect identified as a “tresspasser” on one computer could become subject to monitoring practices that were previously illegal. “Tresspassing” might simply include an employee’s use of a fellow employee’s office computer for non-work use?for example, using the Internet.
Successfully identifying and prosecuting the right suspects is critical for national security. But no investigation must be undertaken at the expense of civil rights. Racial and ethnic profiling has unfortunately become a relatively standard method for determining possible suspects. It must not become standard practice for U.S. law enforcement agencies. Likewise, the events surrounding Sept. 11 should not determine our long-term approach to computer and Internet monitoring.
The current crisis is no excuse for silence?privacy and racial profiling issues need to be returned safely to the arena of open debate. Civil liberties do not hinder the functioning of our system?they are the values upon which it is founded.
