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Welcome to REASON Express, the weekly e-newsletter from REASON magazine. REASON Express is written by Washington-based journalist Jeff A. Taylor and draws on the ideas and resources of the REASON editorial staff. For more information on REASON, visit our Web site at www.reason.com. Send your comments about REASON Express to Jeff A. Taylor (jtaylor@reason.com) and REASON Editor-in-Chief Nick Gillespie (gillespie@reason.com).

REASON Express

September 25, 2001

Vol. 4 No. 39

 - - Welcome to the Terrordome - -

The new counter-terrorism bills floating around Capitol Hill demonstrate that it is always easier to make new laws than to change old habits. New law just requires stampeding most of 535 scared, forgetful people in one direction while new habits mean drilling down to thousands and thousands of behaviors learned over years and years.

Despite all the lip service paid to not wiping out freedom in order to save it, the counter-terrorism proposals would rewrite laws on wiretapping, eavesdropping, and immigration violations. There are also moves afoot to give the National Security Agency's Echelon and the Federal Bureau of Investigation's Carnivore spy systems much more work, the Fourth Amendment be damned.

For example, any U.S. attorney or state attorney general could order the installation of the FBI's Carnivore Net-surveillance system in emergency situations without obtaining a court order first.

In addition, secret searches and surveillance would be OK for one year, instead of the current limit of 45 to 90 days. That would allow prosecutors to look through the records of any business, credit card company, or Internet provider with an "administrative subpoena" that the judicial branch has no say in.

"We need these tools to fight the terrorism threat which exists in the United States, and we must meet that growing threat," Attorney General John Ashcroft said. The changes Ashcroft and others seek would make federal snooping significantly more powerful inside the United States thanks to the thick book of info the feds already have on citizens via the tax code.

These new powers, along with the IRS's ability to monitor and track income (thanks to cooperation with banks that will only increase), target the average U.S. citizen much more than they target terrorists who use fake IDs and deal only in cash.

These changes do pick a fight, but not with terrorism. More like with the Bill of Rights.

http://www.wired.com/news/politics/0,1283,47006,00.html

http://www.eff.org/

 

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- - Train in Vain  - -

The most blatant example of me-tooism undertaken to elbow space on the national stage these days is the claim by Amtrak that it needs $3 billion for security and service improvements. This, the claim goes, will make rail travel a better alternative to flying.

As background recall that Congress has given the railroad until 2003 to end 30 years of government operating subsidies, or go poof.

But with Reagan National Airport closed, perhaps forever--a national tragedy all its own--Amtrak should need less government cash, not more. With easy-to-reach Washington-to-New York shuttles grounded, the train trip from Union Station to the heart of Manhattan should be very appealing. Add to that increased security delays at airports that will lengthen air travel time, and the choo-choos should be sitting pretty.

Convenience and reliability are grounds Amtrak should be able to fight on. Going off on the security improvement tangent isn't a good idea when your rolling stock consists of miles and miles of unguarded track vulnerable to any lunatic with a crowbar.

http://www.charlotte.com/topnews/pub/amtrak.htm

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 - - Gee Whiz G-Men  - -

The FBI remains stuck in the days of Efrem Zimbalist Jr., when a logical mind, a No. 2 pencil, and a spotless unmarked car were all the feds needed to tail commies and bust up tripped-out hoodlums. Despite thousands of wiretaps and net-sniffing devices, the bureau's back office is little removed from the days when the sensitivity of information was measured in how many steps it took to get files to J. Edgar Hoover's desk.

The attacks show the bureau has little to no ability to put existing information together. Its system still relies on manila and cardboard, not silicon and circuit board.

Beginning in 1996 the FBI knew that potential terrorists were attending U.S. flight schools. It was also clear soon after an Osama bin Laden plot fell apart in the Philippines that one of his goals was to crash an airliner into CIA headquarters in Langley. Yet there seems to be no evidence that anyone put these two disparate facts together and acted on them.

Add to that the various bits and pieces of info picked up by the CIA and the NSA and it is entirely possible that a reasonable picture of what was planned for September 11 existed, albeit scattered into a thousand parts.

This is the task the new Homeland defense czar, Tom Ridge, has before him. If he is going to accomplish anything--besides being a political chest-protector for a shrewd White House--it would be to develop a threat database that existing police and surveillance powers could fill with googol-bytes of info.

One of Ridge's first calls should be to Oracle CEO Larry Ellison to convince him to build it. By appealing to Ellison's personal sense of manifest destiny--which should take all of five seconds--Ridge could have Oracle, which started out as a government contractor, building systems that would reach from the lowliest agent in the field to the National Security Council.

There are, of course, several big hurdles, not the least of which is that most FBI agents don't even have laptops. But even bigger is the belief that info must be tightly held to have any investigative value.

http://www.efremzimbalistjr.com/

http://www.washingtonpost.com/wp-dyn/articles/A14081-2001Sep23.html

 

REASON'S Jesse Walker asks What Happens Next? at http://reason.com/hod/jw092101.html

All of REASON’s coverage of the terrorist attacks is available at http://www.reason.com/terror.html

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QUICK HITS

 

- - Quote of the Week - -

"What happened there is--they all have to rearrange their brains now--is the greatest work of art ever.

That characters can bring about in one act what we in music cannot dream of, that people practice madly for ten years, completely fanatically, for a concert and then die. That is the greatest work of art for the whole cosmos. I could not do that. Against that, we, composers, are nothing." German composer Karlheinz Stockhausen, 73, describing the airplane assaults on New York. (Stockhausen has complained he was quoted out of context, and meant that the attack was the greatest work of art of Lucifer, a character in one of his works.)

http://asia.dailynews.yahoo.com/headlines/entertainment/afp/article.html?s=asia/headlines/010918/entertainment/afp/Composer_creates_storm_describing_attack_on_US_as__work_of_art_.html

 

- - Girls Gone Mild  - -

A Florida State University student is suing the makers of the Girls Gone Wild video series, saying they videotaped her without her permission while she was topless on New Orleans' Bourbon Street during last year's Mardi Gras celebration. The woman, known as B.G. in court papers, seeks $15,000 and a court order banning further sales of any videos in which she appears.

http://web.tallahasseedemocrat.com/content/tallahassee/2001/09/18/local/0918.loc.videotape.htm

 

- - Revolving Door, Smoking Gun  - -

A former state attorney general goes on the payroll of Oracle and AOL Time Warner and starts writing letters for his former AG buddies to sign.  The top cops of Vermont, Arkansas, Maine, Montana, New Hampshire, and Rhode Island "wrote" to Steve Balmer to warn that the new Windows XP operating system "may involve additional unlawful attempts by Microsoft to maintain its operating system monopoly." The original author is Jeffrey Modisett, a former Indiana attorney general who is currently a lawyer for Manatt Phelps & Phillips, which counts Oracle and AOL Time Warner among its clients.

http://www.charleston.net/pub/archive/biz/stinc0922.htm

 

- - Naked Justice - -

It's official: Judges and their staffs may not download sexually explicit material, music, or video files on their office computers, U.S. court system administrators ruled. The acceptable use policy dropped language saying that court employees expressly "consent to monitoring" of their computer use, but in reality judges and clerks will be as visible to their sysadmin as anyone else on a computer.

http://www.latimes.com/news/printedition/asection/la-000075599sep20.story?coll=la%2Dnews%2Da%5Fsection

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REASON NEWS

REASON Associate Editor Jesse Walker’s new book, Rebels on the Air: An Alternative History of Radio in America (NYU Press, 2001) is now available!  Check it out at:

http://www.amazon.com/exec/obidos/ISBN=0814793819/reasonmagazineA/

Sign up for "Reason Foundation Alert" to receive regular updates about the activities of the Reason Foundation, including REASON magazine and the foundation's think tank division, the Reason Public Policy Institute. To subscribe, send an email to reasonalert-subscribe@topica.com.

The Scene! Check out REASON Editor-at-Large Virginia Postrel's frequently updated observations on current events and ideas. Visit The Scene at http://www.dynamist.com/scene.html.

For the latest on media appearances by REASON writers, visit http://www.reason.com/press.html.

If you like REASON Express, you’ll love the print edition of REASON magazine.  For more information and to subscribe, please visit: http://www.reason.com/subscribe.html

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