An Analysis of the Homeland Security Act of 2002 Essay

As a response to the September 11, 2001 terrorist attacks, the United States government accomplished a separate agency within the federal system to hold back future terrorist activities. Hence, the Department of Homeland pledge (DHS) was created, along with the Homeland Security make believe of 2002 (HSA). The HSA identified and explained the principle, jurisdiction and duties of the Department of Homeland Security. The HSA in addition reinforced sentences for transgressing national security rights and expanded federal picture of local faithfulness enforcement agencies.However, critics argued that the HSA instead promoted American global dominance at the expense of civil liberties. For instance, Title II pushed for the establishment of a Directorate of Information synopsis and Infrastructure Protection, tasked with the creation and maintenance of a database containing public and private entropy on virtually any individual in the United States. shout out records, banking transactions, school records, employment history these can be gathered to division together a profile that can be personad against detached people suspected as terrorists.In the HAS Title V touch Preparedness and Response, there is no specific mandate of federal go steady over the local first responders the police, the firemen and the emergency personnel. The provision simply called for federal supervision, funding and cooperation. ( vanguard Bergen, 2002) Although centralization is perfect for emergency preparedness on a sufficiently large scale, it could also lead to the loss of local control and to potential federal militarization. (Van Bergen, 2002) According to the United States Northern Command (USNC), Prohibiting acquit military involvement in law enforcement is in keeping with long-standing U. S. law and policy limiting the militarys role in home(prenominal) affairs. (Van Bergen, 2002)In addition, the Posse Comitatus Act (18 USC 1385) generally prohibits U. S. mil itary personnel from interdicting vehicles, vessels and aircraft conducting surveillance, searches, seeking and seizures or making arrests on behalf of civilian law enforcement authorities. (Van Bergen, 2002) The four statutory exceptions to this prohibition are the following counter-drug assistance (10 USC 371-81) Insurrection Act (10 USC 331-34) crimes development nuclear materials (18 USC 831) and chemical or biological weapons of mass destruction (10 USC 382).(Van Bergen, 2002) hotshot of the most serious consequences of the HAS is the Critical Infrastructure Information Act of 2002 (CIIA). The CIIA offered corporations confidentiality and electrical resistance from civil liability with respect to the critical infrastructure information (CII) that they submitted voluntarily to the DHS. CII may include virtually any information about physiological or cyber infrastructure that can be useful to terrorists or early(a) parties that intend to cause damage to the facility.(Stein zor, 2003) No one may use it in any civil action arising under federal or state law without obtaining the written consent of the company. Government officials who will erupt the CIIA will guinea pig up to a year in prison. The CIIA is real dangerous, as it would immunize corporations and their employees from malfeasance in their operations, from racial discrimination to embezzlement, violations of environmental regulations and default that will harm the public physically and or financially.Hence, the CIIA might also end up granting immunity to enterprises that were guilty of negligence in the face of terrorist attacks, allowing them to escape accountability for putting other peoples lives in danger. Terrorist groups such as the Al Qaeda might use the CIIA to their advantage, because their operatives aim quiet and unobtrusive Western lifestyles and identities to avoid capture and to successfully take aim out missions. But with the misleading nature of the HSA, the question ordi nary Americans should be asking is Who should they be afraid of, the terrorists or their own government?ReferencesVan Bergen, Jennifer. (2002, December 2-4). Homeland Security Act The Rise of the American legal philosophy State. Retrieved January 2, 2008 from http//www. ratical. org/ratville/CAH/HSA_RoAPS. html. Steinzor, Rena. (2003, March 12). Democracy Dies Behind Closed Doors The Homeland Security Act and Corporate Accountability. PDF File. Retrieved January 2, 2008 from http//www. progressiveregulation. org/perspectives/secrecy_white_paper. pdf.