Homeland Security

Homeland Security in the United States

The Homeland Security Act (HSA) was signed by President Bush on November 25, 2002. It created a new Cabinet-level Department of Homeland Security (DHS) that consolidated 22 agencies into one department with 170,000 employees.

The areas transferred to DHS include the Coast Guard, Customs Service, Secret Service, new Bureaus of Border Security and Citizenship and Immigration, and the Federal Emergency Management Agency. The HSA left the FBI and the CIA untouched, except for the transfer of the FBI´s National Infrastructure Protection Center and other computer security entities to the DHS.

One of the Department´s main roles is to access, receive and analyze information collected from sources including intelligence agencies, law enforcement, and the private sector in order to identify and assess terrorist threats. It will also produce “watch lists” which contain names of persons suspected of some involvement in terrorism, though not wanted for arrest. See Center for Democracy and Technology, The New Homeland Security Department – Challenge, Potential and Risk: Privacy Guidelines, Careful Oversight Required, 01/21/03.

The HSA included the Cyber Security Enhancement Act, which has a provision that expands the ability of ISPs to voluntarily disclose information to government officials. The content of e-mail messages or instant messages can be given to a government official in an emergency, without requiring a factual basis stated for the emergency or imminent threat of injury.

Concept of Department of Homeland Security

In relation to immigration and citizenship, Department of Homeland Security is defined as: Department of the executive branch of the U.S. government charged with homeland security: preventing terrorism and managing risks to critical infrastructure; securing and managing the border; enforcing and administering immigration laws; safeguarding and securing cyberspace; and ensuring resilience to disasters.

Homeland Security Background

Implementation of the Homeland Security Act Directive

Note: This information about Implementation of the Homeland Security Act Directive is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. In this case, the content of this section deals with the implementation of the Homeland Security Act Directive in relation to Implementation of the Homeland Security Act Directive. The proposed amendment described in this American legal encyclopedia implements the directive to the United States Sentencing Commission to ensure that the guidelines and policy statements applicable to persons convicted of an offense under 18 U. S. C. § 1030 reflect the serious nature and growing incidence of computer offenses and the need to provide an effective deterrent and appropriate punishment. The proposed amendment provides enhanced penalties for computer offenses that involve increased risks to the public or government, or that involve a heightened level of intent. As described below, with the promulgation of this proposed amendment, the guidelines and policy statements applicable to offenses under 18 U. S. C. § 1030 address each of the eight factors enumerated in the directive.

Finding the law: Homeland Security in the U.S. Code

A collection of general and permanent laws relating to homeland security, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines homeland security topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

International Trafic in Arms

Find more information on International Trafic in Arms in relation to the Export Licensing, Defense Trade Controls and Homeland Security in the legal Encyclopedias.

Homeland Security and the International Trade Law

Concept of Department of Homeland Security

In relation to immigration and citizenship, Department of Homeland Security is defined as: Department of the executive branch of the U.S. government charged with homeland security: preventing terrorism and managing risks to critical infrastructure; securing and managing the border; enforcing and administering immigration laws; safeguarding and securing cyberspace; and ensuring resilience to disasters.

Homeland Security Background

Homeland Security in the Criminal Justice System

This section covers the topics below related with Homeland Security :

Crime

Terrorism in relation with Homeland Security

Law Enforcement

Counter-Terrorism

Resources

See Also

  • Crime
  • Terrorism
  • Law Enforcement
  • Counter-Terrorism

Further Reading

  • Homeland Security entry in the Dictionary of International Trade Law (Raj Bhala)
  • Homeland Security entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
  • Homeland Security entry in the Dictionary of International Trade
  • Homeland Security entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

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