The “War on Terror”—
Surrender of Civil Liberties?
Mark Nestmann, The Sovereign Individual, September 2002
Terrorism has been part of daily life in many parts of the world for
decades. On September 11, 2001, Americans discovered that they are
not immune to such attacks, which are virtually certain to recur. It is only
prudent to adjust your portfolio and the way you live to deal with their
anticipated effects.
“Freedom and human rights in America are doomed. The U.S. government
will lead the American people and the West in general into an
unbearable hell and a choking life.” — Osama bin Laden
44 Forbidden Knowledge
Did Osama bin Laden win the “war” against the United States?
If “victory” means achieving his oft-voiced objective of removing foreign
troops from the Mideast and ending U.S. support for Israel, the answer
is no.
But if “victory” instead means ending the “American way of life,” with
its support for free markets, property rights and limited governmental
powers, then terrorism has indeed triumphed.
In the wake of September 11:
• Hundreds of foreigners suspected of being terrorists or to have terrorist
sympathies have been detained without being charged with any
crime. The U.S. Department of Justice now asserts that U.S. citizens
can also be held incommunicado as “enemy combatants.”
• Military tribunals, operating in secret may be set up to try foreigners
charged with terrorism.
• Millions of dollars in property have been confiscated from persons
alleged to be terrorists, or to support terrorism. Most of the owners
have not been charged with any crime.
• The FBI is eavesdropping on lawyers’ conversations with clients, including
people who have been not charged with any crime, when
deemed necessary to prevent violence or terrorism.
• Restrictions on the FBI’s ability to spy on religious and political organizations
have also been relaxed.
• The FBI can monitor e-mail message “header” information (i.e.,
obtain source, destination and subject line information) and web
browsing patterns merely by declaring that such spying is “relevant”
to an ongoing investigation. The same authority applies to materials
checked out of libraries.
• Police can conduct secret searches of homes and businesses and implant
electronic surveillance devices without informing the occupants.
• Restrictions on data sharing between federal agencies have been significantly
relaxed.
• Immigration controls have been tightened, and issuance of visas restricted.
• Other initiatives appear to have little relevance to terrorism, but are
Chapter One: The Meaning of Natural Liberty 45
being justified as having an anti-terrorist purpose:
• The Treasury Secretary has the authority to unilaterally terminate all
U.S. financial transactions with any country.
• The IRS is publishing the names of persons suspected of being engaged
in aggressive tax avoidance strategies, smearing their reputations.
• A nationwide financial transaction-tracking network is under construction.
• Millions more businesses now must report “suspicious transactions”
by their customers to law enforcement.
• Any person engaged in a trade or business must file the U.S. Treasury’s
Financial Crimes Enforcement Network if a customer makes one or
more “related” currency transactions that exceed US$10,000.
• Carrying large amounts of cash has now become “bulk smuggling”
and made a criminal offense.
• Persons living in low-tax jurisdictions who previously enjoyed visafree
travel to the United States now find it necessary to obtain a visa
to do so.
One of the most disturbing aspects of these initiatives is the loose definition
of “terrorism.” Both the Declaration of National Emergency declared
by President Bush in September 2001 and the USA PATRIOT Act (the
primary legal authorities under which these initiatives have occurred)
define “terrorism” as: “...an activity that — (i) involves a violent act or an
act dangerous to human life, property, or infrastructure; and (ii) appears
to be intended — (A) to intimidate or coerce a civilian population; (B) to
influence the policy of a government by intimidation or coercion; or ©
to affect the conduct of a government by mass destruction, assassination,
kidnapping, or hostage-taking.”
This incredibly expansive definition allows the U.S. government to label
practically all forms of domestic protest as “terrorism.” One could certainly
conclude that the words “intimidate” and “coerce” could apply to any group
or organization that actively disapproves of official U.S. policy. Indeed,
it could be argued that many forms of organized protest are designed to
“intimidate or coerce” a change in government policy.
But these erosions in civil liberties aren’t sufficient to fight the War on
Terrorism, we are told.
46 Forbidden Knowledge
The Bush Administration now proposes:
• Issuing all Americans a “tamper proof ” driver’s license from their state
— a de-facto national ID card. Without the federal ID, you likely will
not be able to obtain health care, get a job, conduct bank transactions,
board an airplane, purchase insurance, or obtain a passport.
• Asking millions of American workers who in the course of their job
visit homes or businesses to report any suspicion of illegal activities
there to the police.
• Permitting any mail crossing a U.S. border to be searched for any
reason.
• Using the military for domestic law enforcement purposes.
• Making the penalties for “attempting” to violate any federal law the
same as actually violating it.
Nor is the United States acting alone:
• Throughout the European Union, Internet Service Providers must
now install equipment that permits governments to monitor their
client’s e-mails and web browsing patterns.
• In Hong Kong, the government may now confiscate assets it believes
are linked to terrorists. Anyone who has been wrongly accused must
prove their innocence in court to reclaim their property.
• Citing terrorism as the cause, the United Kingdom has opted out of
Article 5 of the European Convention on Human Rights, which bans
detention without trial.
• The United Nations has proposed that every person in the world be
fingerprinted and registered under a universal identification scheme
to fight illegal immigration and terrorism.
In short, the “War on Terrorism” has been co-opted into a war against
civil liberties.
Is there a better way to fight this war? Yes.
We have observed previously that it is the U.S. propensity to intervene
in ethnic and religious struggles worldwide that makes it a terrorist target.
Ending U.S. foreign intervention would dramatically reduce the terrorist
threat against the United States and its allies.
Chapter One: The Meaning of Natural Liberty 47
Equally important is to narrow the focus of the fight against terrorism
so that it does not require the wholesale destruction of civil liberties.
Programs designed to collect information to administer taxes, for instance,
should not come disguised in an anti-terrorist wrapper.
Obtaining the information about the financial activities of terrorists
should have a higher priority than obtaining information for tax purposes.
Surrender of Civil Liberties?
Mark Nestmann, The Sovereign Individual, September 2002
Terrorism has been part of daily life in many parts of the world for
decades. On September 11, 2001, Americans discovered that they are
not immune to such attacks, which are virtually certain to recur. It is only
prudent to adjust your portfolio and the way you live to deal with their
anticipated effects.
“Freedom and human rights in America are doomed. The U.S. government
will lead the American people and the West in general into an
unbearable hell and a choking life.” — Osama bin Laden
44 Forbidden Knowledge
Did Osama bin Laden win the “war” against the United States?
If “victory” means achieving his oft-voiced objective of removing foreign
troops from the Mideast and ending U.S. support for Israel, the answer
is no.
But if “victory” instead means ending the “American way of life,” with
its support for free markets, property rights and limited governmental
powers, then terrorism has indeed triumphed.
In the wake of September 11:
• Hundreds of foreigners suspected of being terrorists or to have terrorist
sympathies have been detained without being charged with any
crime. The U.S. Department of Justice now asserts that U.S. citizens
can also be held incommunicado as “enemy combatants.”
• Military tribunals, operating in secret may be set up to try foreigners
charged with terrorism.
• Millions of dollars in property have been confiscated from persons
alleged to be terrorists, or to support terrorism. Most of the owners
have not been charged with any crime.
• The FBI is eavesdropping on lawyers’ conversations with clients, including
people who have been not charged with any crime, when
deemed necessary to prevent violence or terrorism.
• Restrictions on the FBI’s ability to spy on religious and political organizations
have also been relaxed.
• The FBI can monitor e-mail message “header” information (i.e.,
obtain source, destination and subject line information) and web
browsing patterns merely by declaring that such spying is “relevant”
to an ongoing investigation. The same authority applies to materials
checked out of libraries.
• Police can conduct secret searches of homes and businesses and implant
electronic surveillance devices without informing the occupants.
• Restrictions on data sharing between federal agencies have been significantly
relaxed.
• Immigration controls have been tightened, and issuance of visas restricted.
• Other initiatives appear to have little relevance to terrorism, but are
Chapter One: The Meaning of Natural Liberty 45
being justified as having an anti-terrorist purpose:
• The Treasury Secretary has the authority to unilaterally terminate all
U.S. financial transactions with any country.
• The IRS is publishing the names of persons suspected of being engaged
in aggressive tax avoidance strategies, smearing their reputations.
• A nationwide financial transaction-tracking network is under construction.
• Millions more businesses now must report “suspicious transactions”
by their customers to law enforcement.
• Any person engaged in a trade or business must file the U.S. Treasury’s
Financial Crimes Enforcement Network if a customer makes one or
more “related” currency transactions that exceed US$10,000.
• Carrying large amounts of cash has now become “bulk smuggling”
and made a criminal offense.
• Persons living in low-tax jurisdictions who previously enjoyed visafree
travel to the United States now find it necessary to obtain a visa
to do so.
One of the most disturbing aspects of these initiatives is the loose definition
of “terrorism.” Both the Declaration of National Emergency declared
by President Bush in September 2001 and the USA PATRIOT Act (the
primary legal authorities under which these initiatives have occurred)
define “terrorism” as: “...an activity that — (i) involves a violent act or an
act dangerous to human life, property, or infrastructure; and (ii) appears
to be intended — (A) to intimidate or coerce a civilian population; (B) to
influence the policy of a government by intimidation or coercion; or ©
to affect the conduct of a government by mass destruction, assassination,
kidnapping, or hostage-taking.”
This incredibly expansive definition allows the U.S. government to label
practically all forms of domestic protest as “terrorism.” One could certainly
conclude that the words “intimidate” and “coerce” could apply to any group
or organization that actively disapproves of official U.S. policy. Indeed,
it could be argued that many forms of organized protest are designed to
“intimidate or coerce” a change in government policy.
But these erosions in civil liberties aren’t sufficient to fight the War on
Terrorism, we are told.
46 Forbidden Knowledge
The Bush Administration now proposes:
• Issuing all Americans a “tamper proof ” driver’s license from their state
— a de-facto national ID card. Without the federal ID, you likely will
not be able to obtain health care, get a job, conduct bank transactions,
board an airplane, purchase insurance, or obtain a passport.
• Asking millions of American workers who in the course of their job
visit homes or businesses to report any suspicion of illegal activities
there to the police.
• Permitting any mail crossing a U.S. border to be searched for any
reason.
• Using the military for domestic law enforcement purposes.
• Making the penalties for “attempting” to violate any federal law the
same as actually violating it.
Nor is the United States acting alone:
• Throughout the European Union, Internet Service Providers must
now install equipment that permits governments to monitor their
client’s e-mails and web browsing patterns.
• In Hong Kong, the government may now confiscate assets it believes
are linked to terrorists. Anyone who has been wrongly accused must
prove their innocence in court to reclaim their property.
• Citing terrorism as the cause, the United Kingdom has opted out of
Article 5 of the European Convention on Human Rights, which bans
detention without trial.
• The United Nations has proposed that every person in the world be
fingerprinted and registered under a universal identification scheme
to fight illegal immigration and terrorism.
In short, the “War on Terrorism” has been co-opted into a war against
civil liberties.
Is there a better way to fight this war? Yes.
We have observed previously that it is the U.S. propensity to intervene
in ethnic and religious struggles worldwide that makes it a terrorist target.
Ending U.S. foreign intervention would dramatically reduce the terrorist
threat against the United States and its allies.
Chapter One: The Meaning of Natural Liberty 47
Equally important is to narrow the focus of the fight against terrorism
so that it does not require the wholesale destruction of civil liberties.
Programs designed to collect information to administer taxes, for instance,
should not come disguised in an anti-terrorist wrapper.
Obtaining the information about the financial activities of terrorists
should have a higher priority than obtaining information for tax purposes.