Civil liberties and human rights in the aftermath of September 11.

Harvard Journal of Law & Public Policy,  March, 2002  by Philip B. Heymann

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I. INTRODUCTION

The focus of concern about the tension between liberty and security in dealing with terrorism has centered on the antiterrorism bills and the resulting USA PATRIOT Act. (1) But, the issues presented by the statute--involving privacy of space and communications and the reputational risks that arise with a broader sharing of information--are not as important as those within the discretion of the executive branch, before as well as after September 11. A number of these questions are of major importance and are likely to escape careful attention.

The issues of discretion involve matters of life or ...