This was just brought to my attention
And is utter bullshit. The Animal Enterprise Terrorism Act (AETA), was passed and signed by president Bush. Any protest or action (whistle blowing, footage, documentaries, consumer boycots, media campaigns, vandalism etc) cause any animal enterprise a lose of profit then the activists, protesters, even film makers can be imprisioned.
A terrorist? So for choosing to not support animal cruelty, to take a stand agaisnt their oppression or to show people what really happens to their "food" is now a just reason for imprisionment? I'm completely floored by this news, I mean come on.. I knew bush was numb, right winged, corporate whore, a puppet and general asshole... but this?
WHAT WOULD QUALIFY AS “TERRORISM”?
Let’s start with the offense section of the bill, and take it apart in chunks.
(a) Offense- Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate
or foreign commerce-
(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
Hold up, we already have a problem. AEPA, the original legislation, spelled out that the bill targets anyone who
(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so;
From the outset the new legislation expands the types of activism wrapped up in the bill to include anything “interfering with” business.
PROTECTING CORPORATE PROPERTY, AND PROFITS
The government must show that someone had the purpose of “damaging or interfering with” an animal enterprise and also
(2) in connection with such purpose-
the individual must do one of a few things.
(A) intentionally damages, or causes the loss of any property (including animals or records) used by an animal enterprise, or any property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;
The big problem here is that this section, the offense section, uses the term “damages” and elsewhere, in the penalty section, the bill says “economic damage”
(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation…[emphasis added]
That clause, “loss of profits,” would sweep in not only property crimes, but other activity like undercover investigations and whistleblowing. It would also include campaigns of non-violent civil disobedience, like blocking entrances to a laboratory where controversial animal testing takes place.
Those aren’t acts of terrorism. They are effective activism. Businesses exist to make money, and if activists want to change a business practice, they must make that practice unprofitable. That principle guided the lunch-counter civil disobedience of civil rights activists and the divestment campaigns of anti-apartheid groups. Those tactics all hurt profits. And those tactics, if directed at an animal enterprise, would all be considered “terrorism” under this bill.
PENALTIES FOR NON-VIOLENT CIVIL DISOBEDIENCE IN A “TERRORISM” BILL
The penalties section of AETA is like a Christmas list for industry groups, making the penalties in AEPA look tame by comparison. AEPA spelled out that an individual who “causes economic damage exceeding $10,000 to that enterprise, or conspires to do so; shall be fined under this title or imprisoned not more than one year, or both.”
Even the penalty for causing “serious bodily injury” was a fine, or not more than 10 years in prison, or both. And causing the death of an individual-which has never happened-could earn a sentence up to life in prison.
AETA, though, starts out with penalties for non-violent civil disobedience, and works its way up.
(1) for an offense involving exclusively a non-violent physical obstruction of an animal enterprise or a business having a connection to, or relationship with, an animal enterprise, that may result in loss of profits but does not result in bodily injury or death or property damage or loss-
(A) not more than $10,000 and the length of imprisonment shall be not more than 6 months, or both, for the first offense; and
(B) not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; [emphasis added]
That’s right: “non-violent physical obstruction,” also known as civil-disobedience, could earn an activist 18 months in prison, plus fines, in a terrorism bill.
The next sentencing sections spells out penalties of
(2) a fine under this title or imprisonment not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and-
(A) the offense results in no economic damage or bodily injury; or
(B) the offense results in economic damage that does not exceed $10,000; [emphasis added]
Remember, we’re looking at a terrorism bill here, that industry groups say is needed to combat “violent” animal rights “extremists,” and we’re still only dealing with non-violent crimes that don’t even “instill” a “reasonable fear.”
The penalties go up from there, predictably, and you can take a look for yourself. What’s most important to note is not the specific amount of years in prison, but the fact that the penalties revolve around money. They operate in terms of corporate property and profits. That’s what this bill is about. It’s not about stopping “violence,” because violence hasn’t taken place. It’s about classifying “non-violent physical obstruction,” crimes that do not “instill in another the reasonable fear of serious bodily injury,” and property crimes as “terrorism,” in order to demonize and silence dissent.
FIRST AMENDMENT “PROTECTIONS” IN THE BILL ARE JUST WINDOW DRESSING
Lawmakers have attempted to silence pesky activists who have spoken up for their First Amendment rights by paying lip service to their concerns. Namely, the definition of “economic damage”:
(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise
This is no safeguard. For instance, undercover investigators and whistleblowers may cause financial loss for a company beyond the losses related to third party reactions. Companies may argue that salaries for undercover investigators, increased internal security, and extensive employee background checks are added costs of doing business because of activists.
The other First Amendment “protection” in the bill is even more absurd.
(e) RULES OF CONSTRUCTION.-Nothing in this section shall be construed-
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;
The fact that lawmakers note the legislation doesn’t prohibit conduct “protected from legal prohibition by the First Amendment” shows that they realize it is vague and overly broad. It’s a red herring to distract from the content of the bill, and the politics behind it, and ease public fears. But simply proclaiming “this legislation is Constitutional!” doesn’t make it so.
(Ok it's me again) I just want to thank Shaun Monson (Director/writer/producer/creator of Earthlings {a must see film for everyone and 500 of their friends}) for bringing this to my attention. Shaun you are an amazing person and please keep up all the good work.
This bill is ridiculous and something needs to be done about it. If this is the new definiton of the word terrorist, then I think not only do we have a problem, but we also have terrorists. I boycotte, I hand out leaflets, and use any chance I can get to inform others of what goes on in the world behind closed doors, and I'm not stoping until theres nothing left to stop. So I guess that makes me a Terrorist, I can handle that hurdel, what else have you got?
Shaun Monson <3
Thanks to http://www.greenisthenewred.com/blog for outtakes from the bill itself and for the blog entry which i've included inside the cut.
A terrorist? So for choosing to not support animal cruelty, to take a stand agaisnt their oppression or to show people what really happens to their "food" is now a just reason for imprisionment? I'm completely floored by this news, I mean come on.. I knew bush was numb, right winged, corporate whore, a puppet and general asshole... but this?
WHAT WOULD QUALIFY AS “TERRORISM”?
Let’s start with the offense section of the bill, and take it apart in chunks.
(a) Offense- Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate
or foreign commerce-
(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
Hold up, we already have a problem. AEPA, the original legislation, spelled out that the bill targets anyone who
(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so;
From the outset the new legislation expands the types of activism wrapped up in the bill to include anything “interfering with” business.
PROTECTING CORPORATE PROPERTY, AND PROFITS
The government must show that someone had the purpose of “damaging or interfering with” an animal enterprise and also
(2) in connection with such purpose-
the individual must do one of a few things.
(A) intentionally damages, or causes the loss of any property (including animals or records) used by an animal enterprise, or any property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;
The big problem here is that this section, the offense section, uses the term “damages” and elsewhere, in the penalty section, the bill says “economic damage”
(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation…[emphasis added]
That clause, “loss of profits,” would sweep in not only property crimes, but other activity like undercover investigations and whistleblowing. It would also include campaigns of non-violent civil disobedience, like blocking entrances to a laboratory where controversial animal testing takes place.
Those aren’t acts of terrorism. They are effective activism. Businesses exist to make money, and if activists want to change a business practice, they must make that practice unprofitable. That principle guided the lunch-counter civil disobedience of civil rights activists and the divestment campaigns of anti-apartheid groups. Those tactics all hurt profits. And those tactics, if directed at an animal enterprise, would all be considered “terrorism” under this bill.
PENALTIES FOR NON-VIOLENT CIVIL DISOBEDIENCE IN A “TERRORISM” BILL
The penalties section of AETA is like a Christmas list for industry groups, making the penalties in AEPA look tame by comparison. AEPA spelled out that an individual who “causes economic damage exceeding $10,000 to that enterprise, or conspires to do so; shall be fined under this title or imprisoned not more than one year, or both.”
Even the penalty for causing “serious bodily injury” was a fine, or not more than 10 years in prison, or both. And causing the death of an individual-which has never happened-could earn a sentence up to life in prison.
AETA, though, starts out with penalties for non-violent civil disobedience, and works its way up.
(1) for an offense involving exclusively a non-violent physical obstruction of an animal enterprise or a business having a connection to, or relationship with, an animal enterprise, that may result in loss of profits but does not result in bodily injury or death or property damage or loss-
(A) not more than $10,000 and the length of imprisonment shall be not more than 6 months, or both, for the first offense; and
(B) not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; [emphasis added]
That’s right: “non-violent physical obstruction,” also known as civil-disobedience, could earn an activist 18 months in prison, plus fines, in a terrorism bill.
The next sentencing sections spells out penalties of
(2) a fine under this title or imprisonment not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and-
(A) the offense results in no economic damage or bodily injury; or
(B) the offense results in economic damage that does not exceed $10,000; [emphasis added]
Remember, we’re looking at a terrorism bill here, that industry groups say is needed to combat “violent” animal rights “extremists,” and we’re still only dealing with non-violent crimes that don’t even “instill” a “reasonable fear.”
The penalties go up from there, predictably, and you can take a look for yourself. What’s most important to note is not the specific amount of years in prison, but the fact that the penalties revolve around money. They operate in terms of corporate property and profits. That’s what this bill is about. It’s not about stopping “violence,” because violence hasn’t taken place. It’s about classifying “non-violent physical obstruction,” crimes that do not “instill in another the reasonable fear of serious bodily injury,” and property crimes as “terrorism,” in order to demonize and silence dissent.
FIRST AMENDMENT “PROTECTIONS” IN THE BILL ARE JUST WINDOW DRESSING
Lawmakers have attempted to silence pesky activists who have spoken up for their First Amendment rights by paying lip service to their concerns. Namely, the definition of “economic damage”:
(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise
This is no safeguard. For instance, undercover investigators and whistleblowers may cause financial loss for a company beyond the losses related to third party reactions. Companies may argue that salaries for undercover investigators, increased internal security, and extensive employee background checks are added costs of doing business because of activists.
The other First Amendment “protection” in the bill is even more absurd.
(e) RULES OF CONSTRUCTION.-Nothing in this section shall be construed-
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;
The fact that lawmakers note the legislation doesn’t prohibit conduct “protected from legal prohibition by the First Amendment” shows that they realize it is vague and overly broad. It’s a red herring to distract from the content of the bill, and the politics behind it, and ease public fears. But simply proclaiming “this legislation is Constitutional!” doesn’t make it so.
(Ok it's me again) I just want to thank Shaun Monson (Director/writer/producer/creator of Earthlings {a must see film for everyone and 500 of their friends}) for bringing this to my attention. Shaun you are an amazing person and please keep up all the good work.
This bill is ridiculous and something needs to be done about it. If this is the new definiton of the word terrorist, then I think not only do we have a problem, but we also have terrorists. I boycotte, I hand out leaflets, and use any chance I can get to inform others of what goes on in the world behind closed doors, and I'm not stoping until theres nothing left to stop. So I guess that makes me a Terrorist, I can handle that hurdel, what else have you got?
Shaun Monson <3
Thanks to http://www.greenisthenewred.com/blog for outtakes from the bill itself and for the blog entry which i've included inside the cut.