Making Senator McCarthy Proud Alexander
Kipnis / Daily Californian 2oct01

Alexander Kipnis is the acting ASUC Student Advocate.

The past month has seen many calls for us all to stand united in our quest to preserve democracy and freedom. One of the most trying periods in Americans history, September 2001 bound us together as a society, and called upon us to preserve, protect and defend our liberties and our way of life. Last week, therefore, it was gravely disappointing to see our nation's leadership craft an anti-terrorism package that brushes these constitutionally guaranteed liberties aside.

The Mobilization Against Terrorism Act (MATA), proposed by U.S. Attorney General John Ashcroft, crosses the line between a measured response to the threat of terrorism and the unwarranted sacrifice of American civil liberties.

MATA grants federal law enforcement officials the power to subpoena any records-including confidential student records-to probe for activities deemed suspicious. Such student records, including those currently protected by federal law, would become accessible to any federal agent who deems any student to be out of the ordinary enough to merit a closer look.

Maybe, just maybe, there would be a rational reason to allow student records to be subpoenaed by federal

law enforcement if it meant increased security. However, records maintained by UCPD- which, ostensibly, would provide Department of Justice officials with any criminal background information they would ever need-are not even covered by MATA. Such interagency disclosures are already occurring under existing law, and have been standard law enforcement practice for years.'

So which student records would be disclosed to federal officials under MATA? Essentially, anything that, in the words of the Department of Justices' Mindy Tucker, would indicate an "act of tension toward America." An official's observation of your participation in a protest against American policy in the Middle East. A disciplinary write-up for an exercise of civil disobedience at a rally. A pattern of criticizing U.S. policy toward Israel in your papers or finals, which are retained by the University. A record of all "suspicious" books you ever checked out from the library. Any of these items, which Senator McCarthy would have called "un-American" in the 1950s, can well be termed evidence of "acts of tension toward America" by federal agents in the 2000s.

Normally, such subpoenas by law enforcement can be challenged in court. However, MATA eliminates

any such judicial review. The only court that would have jurisdiction over MATA cases is the Foreign Intelligence Surveillance Court (FISC). FISC, however, cannot be termed a "court" in a civilian sense of the word. Created in 19'78 in response to terrorism concerns for very limited purposes, it steadily grew over the years to authorize more federal wiretaps than the rest of the federal judiciary combined. Its proceedings are secret. Its records are sealed. Its congressional oversight is nonexistent. Of over 10,000 applications made by the federal officials to the Court to conduct surveillance, not a single one was denied.

Despite the Bush administration's assurances that the law enforcement response will not degrade into a sequel for The Siege, the thought of the immense potential for profiling, combined with the lack of any protection therefrom resulting from the absence of judicial oversight, is truly troubling.

The need to combat terrorism is a pressing one, and the resources of our nation must indeed be marshaled to counter future threats. However, we cannot fight the aspirations of Osama bin Laden by adopting the visions of Joseph McCarthy.