From: dlv@bwalk.dm.com (Dr.Dimitri Vulis KOTM)
Date: Wed, 7 Aug 1996 23:49:52 +0800
To: cypherpunks@toad.com
Subject: Re: Stop the presses -- Anti-terrorism bill not that bad
In-Reply-To: <3207B8DD.794B@ai.mit.edu>
Message-ID: <7No0RD46w165w@bwalk.dm.com>
MIME-Version: 1.0
Content-Type: text/plain


Phil Hallam-Baker <hallam@ai.mit.edu> writes:
> Alan Horowitz wrote:
>
> >   I have added you to my computerized list of individuals who advocate
> > the violent overthrow of the US Constitution.
> >
> > I am going to go to the law library and see what my options are, with
> > respect to filing a petition to have you deported out of the United
> > States.
> >
> > This is not a rhetorical statement.
>
> First off Alan posted private mail to the list. In this case mail
> that was more than simply personal.
>
> Secondly unless Alan withdraws his allegations I will bring proceedings
> against him for libel. While I accept his right to free speech I do
> not accept that he has a right to attempt to restrict mine with his
> threats of deportation.

Alan, look at (3)(A)(iii) of the relevant statute. (3)(B) might also apply.

Section 212 (a) of the Immigration and Nationality Act (8 U.S.Code 1001, et
seq., as amended by Public Law 101-549 of November 29, 1990), reads as follows:

Classes of Excludable Aliens - Except as otherwise provided in this Act, the
following describes classes of excludable aliens who are ineligible to receive
visas and who shall be excluded from admission into the United States.

(1) HEALTH - RELATED GROUNDS.--
 (A) IN GENERAL. -- Any Alien--
  (i)   who is determined (in accordance with regulations prescribed by the
        Secretary of Health and Human Services) to have a communicable disease
        of public health significance,
  (ii)  who is determined (in accordance with regulations prescribed by the
        Secretary of Health and Human Services in consultation with to Attorney
        General)--
   (I)   to have a physical or mental disorder and behavior associated with
         the disorder that may pose, or has posed, a threat to the property,
         safety, or welfare of the alien or others, or
   (II)  to have a physical or mental disorder and a history of behavior
         associated with the disorder which behavior has posed a threat to the
         property, safety, or welfare of the alien or others and which
         behavior is likely  to recur or to lead to other harmful behavior or
  (iii) who is determined (in accordance with regulations prescribed by the
        Secretary of Health and Human Services) to be a drug abuser or addict,
      is excludable.
 (B) WAIVER AUTHORIZED.--
  For provisions authorizing waiver of certain clauses of subparagraph (A),
  see subsection (g).

(2) CRIMINAL AND RELATED GROUNDS.--
 (A) CONVICTION OF CERTAIN CRIMES.--
  (i)   IN GENERAL.-- Except as provided in a clause (ii), any alien convicted
        of, or who admits having committed, or who admits acts which constitute
        the essential elements of--
   (I)   a crime involving moral turpitude (other than a purely political
         offense), or
   (II)  a violation of (or a conspiracy to violate) any law or regulation of a
         State, the United States, or a foreign country relating to a
         controlled substance (as defined in section 102 of the Controlled
         Substances Act (21 U.S.C. 802)),
        is excludable.
  (ii)  EXCEPTION.-- clause (i)(I) shall not apply to an alien who committed
        only one crime if--
   (I)   the crime was committed when the alien was under 18 years of age and
         the crime was committed (and the alien released from any confinement
         to a prison or correctional institution imposed for the crime) more
         than 5 years before the date of application for visas or other
         documentation and the date of application for admission to the United
         States, or
   (II)  the maximum penalty possible for the crime of which the alien was
         convicted (or which the alien admits having committed or of which the
         acts that the alien admits having committed constituted the essential
         elements) did not exceed imprisonment for one year and, the alien was
         not sentenced to a term of imprisonment in excess of 6 months
         (regardless of the extent to which the sentence was ultimately
         executed).
 (B) MULTIPLE CRIMINAL CONVICTIONS.-- Any alien convicted of 2 or more offenses
     (other than purely political offenses), regardless of whether the
     conviction was in a single trial or whether the offenses arose from a
     single scheme of misconduct and regardless of whether the offenses
     involved moral turpitude, for which the aggregate sentences to confinement
     actually imposed were 5 years or more is excludable.
 (D) PROSTITUTION AND COMMERCIALIZED VICE.-- Any alien who--
  (i)   is coming to the United States solely, principally, or incidentally to
        engage in prostitution, or has engaged in prostitution within 10 years
        of the date of application for a visa, entry, or adjustment of status,
  (ii)  directly or indirectly procures or attempts to procure, or (within 10
        years of the date of application for a visa, entry, or adjustment of
        status) procured or attempted to procure or to import, prostitutes or
        persons for the purpose of prostitution, or receives or (within such
        10-year period) received, in whole or in part, the proceeds of
        prostitution, or
  (iii) is coming to the United States to engage in any other unlawful
        commercialized vice whether or not related to prostitution,
     is excludable.
 (E) CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL ACTIVITY WHO HAVE ASSERTED
     IMMUNITY FROM PROSECUTION.--Any alien--
  (i)   who has committed in the United States at any time a serious criminal
        offense (as defined in section 101(h)),
  (ii)  for whom immunity from criminal jurisdiction was exercised with
        respect to that offense,
  (iii) who as a consequence of the offense and exercise of immunity has
        departed from the United States, and
  (iv)  who has not subsequently submitted fully to the jurisdiction of the
        court in the United States having jurisdiction with respect to that
        offense,
     is excludable.
 (F) WAIVER AUTHORIZED.-- For provisions authorizing waiver of certain
     subparagraphs of this paragraph, see subsection (h).

(3) SECURITY AND RELATED GROUNDS.--
 (A) IN GENERAL.-- Any alien who a consular officer or the Attorney General
     knows, or has reasonable ground to believe, seeks to enter the United
     States to engage solely, principally, or incidentally in--
  (i)   any activity to violate any law of the United States relating to
        espionage or sabotage or to violate or evade any law prohibiting the
        export from the United States of goods, technology, or sensitive
        information,
  (ii)  any other unlawful activity, or
  (iii) any activity a purpose of which is the opposition to, or the control or
        overthrow of, the Government of the United States by force, violence,
        or other unlawful means,
     is excludable.
 (B) TERRORIST ACTIVITIES. --
  (i)   IN GENERAL.-- Any alien who--
   (I)   has engaged in terrorist activity, or
   (II)  a consular officer of the Attorney General knows, or has reasonable
         ground to believe, is likely to engage after entry in any terrorist
         activity (as defined in clause (iii)),
        is excludable.
        An alien who is an officer, official, representative, or spokesman of
        the Palestine Liberation Organization is considered, for purpose of
        this Act, to be engaged in a terrorist activity.
  (ii)  TERRORIST ACTIVITY DEFINED.-- As used in this Act, the term 'terrorist
        activity' means any activity which is unlawful under the laws of the
        place where it is committed (or which, if committed in the United
        States, would be unlawful under the laws of the United States or any
        State) and which involves any to the following:
   (I)   The hijacking or sabotaging of any conveyance (including aircraft,
         vessel, or vehicle).
   (II)  The seizing or detaining, and threatening to kill, injure, or continue
         to detain, another individual in order to compel a third person
         (including a governmental organization) to do or abstain from doing
         any act as an explicit or implicit condition for the release of the
         individual seized or detained.
   (III) A violent attack upon an internationally protected person (as defined
         in section 1116 (b)(4) of title 18, United States Code) or upon the
         liberty of such a person.
   (IV)  An assassination.
   (V)   The use of any--
    (a)   biological agent, chemical agent, or nuclear weapon or device, or
    (b)   explosive or firearm (other than for mere personal monetary gain),
          with the intent to endanger, directly or indirectly, the safety of
          one or more individuals or to cause substantial damage to property.
   (VI)  A threat, attempt, or conspiracy to do any of the foregoing.
  (iii) ENGAGE IN TERRORIST ACTIVITY DEFINED.-- As used in this Act, the term
        `engage in terrorist activity' means to commit, in an individual
        capacity or as a member of an organization, an act which the actor
        knows or reasonably should know, afford material support to an
        individual organization or government in conducting a terrorist
        activity at any time, including any of the following acts;
   (I)   The preparation or planning of a terrorist activity.
   (II)  The gathering of information on potential targets for terrorist
         activity.
   (III) The providing of any type of material support, including a safe house,
         transportation, communications, funds, false identification, weapons,
         explosives, of training, to any individual the actor knows or has
         reason to believe has committed or plans to commit a terrorist
         activity.
   (IV)  The soliciting of funds or other things of value for terrorist
         activity or for any terrorist organization.
   (V)   The solicitation of any individual for membership in a terrorist
         organization, terrorist government, or to engage in a terrorist
         activity.

A bunch of other stuff not relevant to Phil deleted. Note: I generally like
what Phil says, but I don't like people who threaten libel lawsuits over
something said on the Internet.

---

Dr.Dimitri Vulis KOTM
Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps