Domestic Terrorism Cause and Prevention

Domestic Terrorism

The Al-Qaeda group is probably the most popular terrorist group known this century for their very high-profile attacks; their most bold move was the destruction of the World Trade Center, now known today as 911, or September 11th. These motives are said to be of the religious sort, however there are arguments when it comes to the validity of these claims, as it may come off as to discriminate to other Islam who may not share the same views on terrorism (Emerson, 2002).

There are common beliefs in society nowadays which are fueled by a media, which generalize terrorists to be falling under one category (Nacos, 2009). This is of a religious category, Muslims in particular. There are two reasons for this, the main reason is basically ignorance of the Islamic religion, and the other is media sensationalism. There is an impression on a lot of people that terrorism is something to do with religion, or that terrorists are driven and approved by these Islamic laws to part take in the things they do. It is unfair to say that Islamic beliefs promote terrorism because Islam has been around for many centuries, and terrorism is only a recent phenomenon (Asthana, & Nirmal, 2009).

Many believe that the Islamic belief of tawhid, the central belief od Muslims in one god, as well as concentration of violence is part of the Islamic religion (Emerson, 2002). This is highly incorrect because the vast majority of the Islamic world does not take this into practice. There are just some extremists who take these beliefs in to literal as well as political perspectives in order to justify their actions as righteous, and a calling from their god. These extremists strongly believe that tawhid means that only god has the right to sovereignty, thus making democracy, liberation, personal freedom or any of those things which fall under sovereignty, wrong (George & Wilcox, 1996). They also feel that they need to correct it. Thus, these extremists, or jihadists, believe that they must rid the world of all this freedom in order to save their Islamic traditions (Perry, & Negrin, 2009).

"The Islamist terror networks of the twenty-first century are becoming more fluid, independent, and unpredictable entities than their more structured forebears, who carried out the atrocities of 9/11. The present threat has evolved from a structured group of al Qaeda masterminds, controlling vast resources and issuing commands, to a multitude of informal local groups trying to emulate their predecessors by conceiving and executing operations from the bottom up. These 'homegrown' wannabes form a scattered global network, a leaderless jihad" (qtd. Nacos, 2009).

However, this is the other way around with the terrorist group, Al-Qaeda, they are fueled by media sensationalism, and want to offer terror by utilizing new forms of communication and technology (Barkun, 1997). This is seen in their attempts to stir terror by taking video recordings of their attacks.

It comes as a concern to the public when some individuals decide that they should create havoc and terrorize societies (Hudson, 1999). A lot of questions are raised relating to this issue; these questions go into the deeper and psychological genesis of terrorism. Why do these people decide to go with life in this direction? Can terrorists be profiled? Is there a psychotic personality which causes terrorism? These questions cannot merely be generalized to form one answer, as there are many types of terrorism, and each type of terrorism generates from different situations and circumstances (Hudson, 1999). One can only hypothesize on how terrorism is born, and when investigated, a means of stopping the crime may be delivered. There is an assumption that many terrorists share the same profile and have the same characteristics. This can be traced down to the contagion theory of terrorism, where it is believed that there is a relationship with mass media and terrorist acts (Nacos, 2009). This theory has come and gone, being accepted and rejected throughout history with no stable grounds. This is a cause and effect relationship which states that mass-media is definitely where contagion starts and it is responsible for a number of terrorist violence which has grown recently.

Contagion is a crime which has the characteristics of copying other crimes; this is when individuals who are violence-prone are attracted to violence of the political form and are led to imitate them (Nacos, 2009). This is pushed by the mass-media and their sensationalism of terrorist activities. This theory in terrorism has been around for decades, yet no solid conclusion through significant evidences point whether it should be accepted. This is because of the significant changes in the communication and technology which has reshaped the global media landscape. The theory may not be applicable to terrorist acts from the past, as some scholars believe (Nacos, 2009).

Tawhid, as discussed above is an example of a distorted belief which resulted in religious terrorism. The Liberation Tigers of Tamil Eelam (LTTE), or otherwise known as the Tamil Tigers, were a terrorist group based in Northern Sri Lanka and was founded in May 1976 (Hudson, 1999). It sought to create Tamil Eelam to be an independent state in the north and east of Sri Lanka. The LTTE was one of the longest running armed conflicts in Asia, and only fell to defeat last 2009 by the Sri Lankan Military. They ran on nationalism based on Socialism and Marxism ideologies (Hudson, 1999). They carried out high profile attacks which included the assassination of a number of high-ranking Sri Lankan and Indian officials. The Tamil Tigers were the pioneers of the suicide belts, where an aircraft was used in some of their attacks. This type of terrorism is nationalistic.

A wave of terrorism had hit Western Europe -- ideological terrorism - and made its big impact in 1985 where Western Europe had climbed its way up to second place in the global terrorism ranks (Nacos, 2009). The Middle East had still remained in its place at the top. Government efforts had tried continuously throughout the years in efforts to counter this type of terrorism, however this only resulted in the intensification and the internalization of political terrorism in Western Europe, with groups such as the Italian Red Brigades and the Irish Republican Army starting to act also with terrorist motives. It was ideology of the radical leftism which had created these new terrorist movements, and they operated in countries close to West Germany. This was stirred by thoughts of nationalism as well as ideologies of anarchism, communism and Marxism which started these groups into taking on actions such as they did.

It can be said that there are three examples which show valid reason to conclude that terrorism is a result of media contagion (Nacos, 2009). Whether it may be the formation of the group, or how media fuels the motivation of causing terrorist attacks, it is still plausible to conclude that mass media plays a big role in the affects of terrorism. By knowing this information, it can be recommended that further studies in this area are to be explored. With this knowledge, the formation of future terrorist groups can be prevented, or caught before a major attack occurs. However, it is difficult to be able to stop terrorism with this information because of the growing capacity of media today and public attention, media sensationalism cannot be averted.

In the past Twenty years the threat of terrorism has been a known threat, but it was not until September 11, 2001 has passed that the American people were forced to accept and deal with the threat of terrorism. Stricter border security, as well as airport, and port security have led Americans into an uneasy sense of homeland Security, but more must be done. American borders must be secured so that Americans can feel a real peace.

When people think of our land borders with Canada and Mexico they think illegal immigrants. This is not always so. If immigrants can get in so easily so can terrorist. On our southern border there is currently no fence, and nothing else to stop terrorist getting in other than couple of thousand border patrol agents spread to thinly to do anything, and a never really functioning sensor system put in during the 19070's (Sensing a Problem). In order to secure the border with Mexico which is the most likely place to cross a minimum of a 700-mile fence and another 6000 more border agents will need to be added (Thompson). Another solution to the problem would be to have motion sensors, satellite surveillance, and cameras mounted on towers, and unmanned aerial vehicles (Sensing a Problem). Federal investigators were able to bring radioactive substances into the United States at two different crossing points were there was supposedly technology able to detect radioactive substances (Kutz). If the immigrants can walk right through the border so can terrorist and this is not acceptable starting now steps need to be taken to correct this.

It seems like airport security is higher now than ever before, but it may not be high enough. Across the country in many airports faulty metal detectors are letting hundreds through security unchecked. There are also many baggage screeners that are ill trained or not interested in their job and thousands of bags are not screened properly or not screened at all. Many of the screeners are outdated anyway, they can a 2D figure and the screeners are unable to tell a bomb from normal items (Huges). More training and newer equipment are needed to outsmart today's terrorist. The latest in screening devices is the backscatter which takes an x-ray picture of you to see you have any concealed weapons. There are other systems that can scan you for bomb making materials (Halperin). The problem with these is that they are still being tested and they are not ready for large scale use. It is technology like this that will help keep American's safe. It is also this technology that has been around for years that should have been implemented sooner possibly saving us from September 11, 2001.

Since 9/11 our maritime security has increased 10 fold, but there is still not enough to protect us from the threats of terrorism. With the container security initiative we have increased inspection of ship's cargo at foreign ports before it gets here (Wermuth). Ship's must also submit a copy of there cargo to officials before coming to the United States (Wermuth). Some of the systems that have been designed for port security do not work and either needs to be repaired or disposed of. In May of last year scanners kept on tagging kitty litter as a hazard (Pressman). Mistakes like this waste time and money. Repeat attempts have been made to try and require that all cargo entering the United States must be screened but none have past (Wermuth). Our nation's harbors are by far the least secure of our borders; they receive only fractions of the money and manpower that airports and land borders get. There is no need to wait for an attack by sea for something to be done about this.

There are few times where the world has been more dangerous than it is now, and the United States needs to update itself now (Playing Defense). There is no need to wait for another attack before we act. Many of the systems currently in place are out of date or do not work. It is imperative that this be fixed otherwise our country will remain open to terrorism.

The Patriot Act was enacted in October 2001 shortly after attacks from terrorists on the United States on September 11, 2001. The act gives Federal officials and state agencies greater authority and tools to investigate and track suspected terrorists with the goal of bringing them to trial.

The attacks on the United Stated on September 11, 2001 were planned and carried out by 19 people affiliated with the al-Qaeda network. This group hijacked four commercial airlines with the intent to crash them into government and civilian buildings on the East coast. Terrorist crashed one into each of the two world trade center towers in New York City, a third was crashed into the Pentagon in Washington DC, and the fourth was believed to target either the White House, the U.S. Capitol, or Camp David was crashed into a field near Shanksville, Pennsylvania following a passenger rebellion (Wikipedia, April 2005).

The attacks on the United States had major political effects across the globe. The attacks also had a profound impact on the citizens of the United States. Nearly half of the population wanted the United States Government to put an end to terrorism (Patriot Act Overview, Nov 2004). United States Congress enacted the Patriot Act in response to the terrorist attacks that took place in September 2001.

The Patriot Act includes two very powerful tools to prevent future terrorist attacks. The first is information sharing provisions that allows the Department of Homeland Security to go on the offense "to substantially expand America's information-sharing capabilities" (Ridge, Nov 2004). Increased collaboration between federal and state agencies is a critical concept of cooperation across all levels of the federal and state government. The second is investigative tools to identify, apprehend, and stop terrorists before they can complete their objectives. Tools to assist the Federal Air Marshals, Border Patrol officers, the United States Coast Guard, and Immigration and Customs Enforcement are needed to keep one step ahead in deterring any and all plans of terrorist groups trying to attack the United States. "The tools of the Patriot Act are vital to our ability to prevent terrorist attacks" (Ridge, Nov 2004).

An Overview

The Patriot Act is a lengthy piece of legislation containing over 150 sections and amends over 15 federal statutes. Amended statutes include laws governing criminal procedure, wire tapping, immigration, computer fraud, and foreign intelligence (Wikipedia, April 2005). The Act also incorporates previous foreign intelligence acts including the Foreign Intelligence Surveillance Act. Main topics of the Act include:

Criminal Investigations: Tracking and Gathering Communications

Foreign Intelligence Investigations

Money Laundering

Impact on Libraries

Legal Environment

Impact on Businesses

(Patriot Act Overview, Nov 2004)

Under criminal investigations, the tracking and gather of communications include governing court orders approving the governments use of trap and trace devices which identify the source and destination of calls made to and from telephones, computers, email, and radio communications. The orders are based on the government's certification that the use of such a device will produce information relevant to any crime. (Patriot Act Overview, Nov 2004)

The Patriot Act eases many of the restrictions on foreign intelligence gathering that were previously in place. However, the Patriot Act also expands safeguards against official abuse.

Money laundering is defined as the practice of engaging in financial transactions in order to conceal the identity, source and destination of the money in question (Wikipedia, 2005). Terrorist organizations use money laundering to conceal where funds are coming from in order to support terrorist activities. The Patriot Act expands the authority of the Secretary of the Treasury to regulate the activities of U.S. financial institutions.

The Patriot Act enables Federal authorities to view databases or records on businesses customers. The Act also highly encourages businesses to check government issued identification when performing transactions. An example of this is Federal Express now checks all ID's when taking and delivering packages.

Legal experts from lawyers all the way up to Justices of the U.S. Supreme Court have examined and re-examined this law to find see what ramifications and outcomes this places on law and civil liberties. The Secretary of U.S. Department of Homeland Security, Michael Chertoff, has said to Congress "We cannot live in liberty without security. But we would not want to live in security without liberty." Has the Patriot Act gone too far? Many would say that the Government has reintroduced Senator McCarthy's "Red Scare" from the 1940's and 1950's on terrorism in the 21st Century with the passing of this legislation. In the mid-20th Century, Congress adapted safeguards against a widely perceived danger of intelligence centralization. Foreign and domestic intelligence were kept separate to prevent the development of an "all powerful American Gestapo" under the CIA or under the FBI director, J. Edgar Hoover. The American Civil Liberties Union (ACLU) has brought several cases of the government violating the Constitution and civil liberties to the courts. This forces the judicial system to intervene. Several judgments have been ruled against the Patriot Act in recent months.

AU.S. District Judge ruled against the surveillance provision stating that it violated the Constitution by giving Federal Authorities unauthorized powers to obtain private info.

Federal Court struck down section 505 of the Patriot Act stating that it violates free speech under the 1st Amendment and the right to be free of unreasonable search and seizure under the 4th Amendment.

Federal Court also struck down sections 215 and 505 of the Patriot Act on the grounds that the Act eliminates the requirement that Federal agents do not have to demonstrate "probable cause" before obtaining customers records.

What is also troubling is that certain sections of the law impose a gag rule barring recipients of some searches from telling anyone. This includes a lawyer or a court which precludes any chance for judicial review.

Other impacts also include effects on global economy and on international business. Canada corporations, for instance, could have trouble figuring out whether the information it handles is open to investigations from the United States. U.S. based companies that deal with business customers in other nations can be targeted for investigations of foreign companies. The U.S. company is forbidden from letting the foreign company know about it.

Companies inside the U.S. borders also have a new requirement to keep records of employee and customer activities and to "observe and notify." Notification to the authorities of suspicious behavior or out of the norm routine of customers or employees is now the norm. What impact does this have on business confidentiality and relations? Has it affected our economy?

After the U.S.A. Patriot Act passed, Tom Dashle, the Senate Majority Leader in 2001, stated, "We were able to find what I think is the appropriate balance between protecting civil liberties, privacy, and ensuring that law enforcement has the tools to do what it must."

The USA Patriot Act encompassed many areas, and created some major changes and expansions to the current law. Not only did the Act change current law, but the Act has caused controversy among civil liberties groups, Congress, and the Department of Justice. These changes include Section 215- the examination of records section, Section 213- the "sneak and peek" section, and Section 214- the "pen/trap" section (Harrison, Nov 2005). Another controversial change lays in Section 218- the "expansion of FISA" section (Lithwick, Sep 2003).

Defining Terrorism

The Act created increased surveillance powers for law enforcement that does not only focus on terrorism but also applies to domestic and international investigations (Harrison, Nov 2005). The definition of terrorism is separated into two categories of terrorism within the context of the U.S.A. Patriot Act, international terrorism and domestic terrorism. International terrorism and domestic terrorism are defined as activities that involve violent acts to human life that are a violation of the United States or any States criminal law, acts that appear to be intended to intimidate or coerce a population, to influence government by coercion, or to affect government by kidnapping, mass destruction, or assassination. However, international terrorism must take place primarily outside of the United States jurisdiction and domestic terrorism must take place within the United States jurisdiction (Legal Information Institute, Aug 2004).

Sunset Provisions

Some of these sections listed above are set to sunset. The sunset provisions were written into the law to expire certain laws put in place from the U.S.A. Patriot Act. Congress applied these expirations to some sections which it thought made drastic changes to the law before the U.S.A. Patriot Act was written or signed into law. The laws affected by the sunset provisions are set to expire December 31, 2005. This is a little over four years after the Patriot Act was signed into law (Harrison, Nov 2005). According to Viet Dinh, the assistant attorney general for the Office of Legal Policy during President Bush's first term stated that the laws including the sunset provisions should be revisited, and that is why the sunset provisions were placed in the law. He stated that it provided the power to prevent "abuse or misuse of these powers" by law enforcement (Online Newshour, Apr 2005).

Some people say Section 215 is the most controversial section of the U.S.A. Patriot Act. In short, the section states that the government can access any person's library records if the investigation is related to protection against terrorism. The Act changed the rules on records searches (Lithwick, Sep 2003). This means that law enforcement can read financial records, medical records, library records, video rental records, and educational documents and records. Not only the records listed above, but also to acquire apartment lease records, credit card records, driver's license records, and public accommodation records (Ramasastry, Apr 2005). Not only can the government investigate these records, but the librarian or medical assistant involved with the search, for example, must keep the investigation confidential (Harrison, Nov 2005).

Authorities have this permission to search records, even if there is no proof of a crime in regard to these records. In more general terms, any "tangible records" can be searched (Harrison, Nov 2005). For example, if the FBI states that the records are linked to an intelligence investigation the records are free to obtain.

The Patriot Act blended foreign-intelligence information collecting and domestic criminal information gathering where as before the Act, the two forms of information collecting were significantly separate. Primarily the Act affects the Fourth Amendment. In domestic federal criminal cases, the Fourth Amendment states that there must be "probable cause" a crime is or has been committed before a search warrant will be issued (Ramasastry, Apr 2005). This Amendment states that search warrants will describe the location to be searched and what will be apprehended (U.S. Constitution Online). Before the U.S.A. Patriot Act, the Fourth Amendment, Title III of the Omnibus Crime Control, and Safe Streets Act of 1968 all established that the government needed to have a search warrant and probable cause of a crime before searching these types of records. The Foreign Intelligence Surveillance Act (FISA) of 1978 changed these laws. FISA stated that if the primary purpose of surveillance is to acquire foreign intelligence information and the person or organization being investigated is suspected of being linked to foreign espionage, the government can perform surveillance without warrants (Lithwick, Sep 2003).