The Trade-Off between Civil Liberties and Security in the United States and Germany after 9/11/01. An Analysis

The Trade-Off between Civil Liberties and Security in the United States and Germany after 9/11/01 An Analysis

Abstract

Thesis Structure

I. Introduction

II. Reviewing Opinion Polls – Peoples’ AttitudesConcerning 9/11/01

1. Abstract Value-Trade-Off

2. The Perception of Fear and Concrete Value-Trade-Off

a. Attitudes towards Surveillance Measures

b Attitudes towards Non-citizens, Foreigners and Racial Profiling

III. U.S. and German Civil Liberties Standardsbefore 9/11/01

1. American Civil Liberties and German Basic Rights

2. U.S. Surveillance Laws vs. German Surveillance Laws

a. The U.S. Law Landscape

i. Title III of the Omnibus Crime Control and Safe Streets Act of 1968

ii. The “Church Committee” and the 1970s Intelligence Reforms

iii. The Foreign Intelligence Surveillance Act of 1978

iv. Anti-Terrorism and Effective Death Penalty Act of 1996

v. Non-citizens, Foreigners and their Rights

b. The German Law Landscape

i. A Basic Right to Security and “Rasterfahndung”

ii. The “Volkszählungsurteil” of 1983

iii. Criminal Telecommunications Surveillance

iv. The G-10 Law

v. Non-citizens, Foreigners and their Rights

c. U.S. and German Surveillance Laws in Comparison

IV. U.S. and German Civil Liberties Standards after9/11/01

1. The Declaration of the “War on Terrorism“ and its Implications

2. U.S. Surveillance Laws vs. German Surveillance Laws

a. Legislation that Never Passed before 9/11 and other Legal Tendencies

b. U.S. Surveillance Laws

i. The USA PATRIOT Act

ii. Non-citizens, Foreigners and Interim Rule 2171-01

iii. The Limit of Limitations

c. German Surveillance Laws

i. The Antiterrorism Law I

ii. The Antiterrorism Law II

iii. The Antiterrorism Database

d. U.S. and German Surveillance Laws in Comparison

VI. Conclusion

References