RESOLUTION 99

A RESOLUTION TO BE ENTITLED

An act to reaffirm and protect the civil rights of students

WHEREAS,   In the wake of September 11, 2001, the federal government passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act, Public Law 107-56) on October 25, 2001; and,

WHEREAS,   The USA PATRIOT Act grants sweeping powers to law enforcement officials under the Department of Justice that infringe upon and inhibit the practice of several Constitutionally-guaranteed rights and privileges of students; and,

WHEREAS,   The 1^st Amendment of the United States Constitution states “Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”; and,

WHEREAS,   Section 802 of the USA PATRIOT Act expands the definition of “domestic terrorism” to include activities that “involve acts dangerous to human life,” including acts that “appear to be intended to intimidate or coerce a civilian population” or “appear to be intended to influence the policy of a government by intimidation or coercion”; and,

WHEREAS,   Section 802 of the USA PATRIOT Act is a clear violation of the rights protected by the 1^st Amendment, including the rights of free expression, peaceable assembly, and government petition; and,

WHEREAS,   North Carolina State University is home to a diverse student body that holds a vast range of culturally- and politically-based opinions; and,

WHEREAS,   North Carolina State University is home to hundreds of student organizations that rely on their right to peaceably assemble and engage in the proliferation of opinions and ideas that are often meant to sway, influence, and put pressure upon the public opinion of the student body; and,

WHEREAS,   Protests, marches, sit-ins, and other forms of legitimate dissent often utilized by students and student organizations could readily be interpreted as “dangerous to human life” and “intended to intimidate or coerce a civilian population” or “intended to influence the policy of a government by intimidation or coercion”; and,

WHEREAS,   The 14^th Amendment of the United States Constitution states “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”; and,

WHEREAS,   Under section 411 of the USA PATRIOT Act, non-citizens may be detained and deported for giving lawful aid to a group or organization, domestic or foreign, that is deemed a “terrorist organization” by the Department of Justice; and,

WHEREAS,   Under section 412 of the USA PATRIOT Act, non-citizens may be detained and held indefinitely by the federal government so long as it has “reasonable grounds to believe” that the non-citizen is “engaged in any other activity” that may compromise national security; and,

WHEREAS,   Under section 412 of the USA PATRIOT Act, non-citizens who are detained and held indefinitely as described above are not required to be informed of why they were identified as “engaging in threatening activities,” just only that they were; and,

WHEREAS,   North Carolina State University is home to many international students who remain active and vocal in political, social, and civil issues in their home countries and some who give lawful, humanitarian aid to political and social activism groups both in the United States and in their home countries; and,

WHEREAS,   If the Department of Justice were to deem any of these organizations of having “terrorist intent,” these international students could be detained or deported at will, without trial, even if the students did not know at the time of their contributions to these organizations that they were deemed of having “terrorist intent”; and,

WHEREAS,   The provisions allowed in sections 411 and 412 of the USA PATRIOT Act infringe upon the due process rights guaranteed by the 14^th Amendment of the United States Constitution to all people within its jurisdiction; and,

WHEREAS,   The 4^th Amendment of the United States Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”; and,

WHEREAS,   Section 213 of the USA PATRIOT Act provides for a “Sneak-and-Peek” provision in which federal investigative officers may freely search and seize a student’s belongings and computer contents without ever having notified the student of the search; and,

WHEREAS,   The USA PATRIOT Act allows the Federal Bureau of Investigation to acquire transaction and lending records, including information regarding “books, records, papers, documents, and other items” from bookstores and libraries, without the need of a warrant or probable cause; and,

WHEREAS,   The USA PATRIOT Act further allows the FBI to prohibit library clerks and officials from informing others of specific situations in which the FBI has sought information by way of the above procedure; and,

WHEREAS,   North Carolina State University is an institution of higher education and learning that offers a diverse array of course studies and serves a wide-ranging student body that uses the many services offered by the NCSU Libraries; and,

WHEREAS,   Section 215 of the USA PATRIOT Act greatly curtails the ability of students to use the NCSU Libraries to freely read and research certain subjects under investigative scrutiny without fear of subsequent and secret investigation; and,

WHEREAS,   Section 216 of the USA PATRIOT Act authorizes the use of number traces and wiretaps on any phone within the United States, and does not require a warrant or probable cause, or that the person whose phone is being tapped or traced be informed of the investigation; and,

WHEREAS,   Section 217 of the USA PATRIOT Act authorizes the use of electronic data interception to track and monitor the internet activity of any computer within the United States, and does not require a warrant or probable cause, or that the person whose internet activity is being monitored be informed of the investigation; and,

WHEREAS,   Under sections 216 and 217 of the USA PATRIOT Act, the federal government is entitled to tap, trace, and intercept these communications so long that it is “relevant to an ongoing criminal investigation”; and,

WHEREAS,   Many of the students of North Carolina State University are foreign students or students of foreign descent and spend considerable amounts of time communicating with family members in countries outside of the United States, many of which have been labeled by the federal government as “hosts of terrorist activity” or “potential terrorist threats” and are under continuous federal investigation; and,

WHEREAS,   Many of the long communications by students to these countries could be readily interpreted by law enforcement officers and the federal government as “relevant to an ongoing criminal investigation” and could be freely tapped or monitored without the need of a warrant or probable cause; and,

WHEREAS,   Provisions granted in sections 213, 215, 216, and 217 of the USA PATRIOT Act stand in defiance of the 4^th Amendment rights that protect against unreasonable search and seizures; and,

WHEREAS,   The USA PATRIOT Act, though intended to keep our country safe and secure following the attacks on September 11, 2003, gives immeasurable powers to law enforcement officers that could potentially be used negatively against all students, not just those students of international origin; now, therefore be it

RESOLVED,  that the North Carolina State University Student Senate requests that the City of Raleigh join the growing list of over 200 local communities and governments nationwide that have passed resolutions protecting the civil liberties of their constituencies; and, be it further

RESOLVED,  that the North Carolina State University Student Senate urges Congress and appropriate officials in the federal government to revise, on behalf of the student body of schools, colleges, and universities nationwide, the aforementioned portions of the USA PATRIOT Act that erode the civil liberties of students.