The Issue

Federal law enforcement officials have asked Congress to make it easier for them to wire-tap the phones and computers of suspected terrorists. Congressman Jones has introduced legislation (the "Freedom and Fairness for America Act" to allow the FBI, CIA and other similar agencies to tap phones and computers without prior judicial approval, so long as they receive approval within one week of placing the tap. Law enforcement may use any evidence collected in the prosecution of any federal crime. If the tap is denied, the law enforcement agency in question must pay restitution (amount to be determined by rulemaking) to the person whose phone/computer was tapped. The legislation sunsets in five years.

General Points in Support of the Bill

 Terrorism is a serious national problem and drastic measures are necessary to ensure the safety of law-abiding citizens.

 This is a short-term proposal that will sunset after the war on terrorism is over. It is not intended to be a permanent solution.

Any innocent victims will receive restitution for any perceived violation of privacy.

 Law enforcement needs this wide-ranging authority to ensure that terrorists do not slip through legal loopholes.

General Points in Opposition to the Bill

 This bill gives law enforcement wide-ranging authority to tap the phones and computers of any citizen. It is a tremendous violation of privacy.

 Law enforcement already has all the tools it needs to build a case against and successfully prosecute terrorists.

 Once this authority is given to law enforcement officials, they are likely to lobby heavily to keep and even expand it. It will be easy for Congress to decide not to sunset the provision.

 The legislation would allow law enforcement to collect and use evidence for violation of any federal law, even those unrelated to terrorism.

Note that these are only a few general points to provide an overview of the issue. Students should research the issue further to develop quality arguments. Some resources include:

 The Federal Bureau of Investigation site

 Privacy groups

 Speakout.com: www.speakout.com

The Players: Managers

Materials: Description of all members and talking points

Responsibilities

 Manage time, allowing every member on your side to speak at least once

 You have 15 minutes total, broken in to three 5 minute sections

 Participate in at least one press interview

 Make sure best arguments get out

 Make sure best speaker closes

 Rebut spurious accusations of the other side

 Keep members "in line". Don't let them switch

 Convince the undecideds

Rep. Jones (R), Floor Manager for the majority

Introduced the legislation. Chair of the Judiciary Committee. Strongly supports legislation. District very conservative, suburban area with a high percentage of military personnel. In addition, the largest manufacturer of wire taps is headquartered in the Congressman's district. Jones' constituents view terrorism as a serious threat. About 10,000 people from the military base in the district have or are currently taken part in terrorism-related military actions. Rep. Jones received 74% of the vote in the last election.

Rep. Means (D), Floor Manager for the minority

Co-chair of Judiciary. Strongly opposes legislation. District very liberal, urban area with a mix of lower income individuals and academics. Means' constituents are wary of law enforcement officials. Many of them have been wrongly accused of crimes. The district also houses a small liberal arts university which has about 6,000 students. Means' company base is mainly small businesses and the university. Rep. Means received 72% of the vote in the last election.

The Players: Members

Materials: Your "identity" and general talking points

Responsibilities

 You must play your part

 You must speak at least once

 You must give at least one interview

 Make points that will "play well at home"

 Listen to your staff

 Make sure your initial decision is the right one (you can change your mind)

Rep. Abernathy (R), supports legislation

Rep. Abernathy serves on the Committee with Rep. Jones and has always been a loyal lieutenant. Abernathy represents an area of the country that was directly affected by terrorism when a car bomb was set off at a major intersection, killing two people and injuring 50. District moderately conservative "bedroom" community of a larger urban area. Abernathy's constituents were appalled by the car bombing. Rep. Abernathy received 65% of the vote in the last election He has his eye on a Senate seat.

Rep. Silva (D), opposes legislation

Rep. Silva serves on the Committee with Rep. Means, and vehemently opposes the legislation. In fact, he offered an amendment in committee to essentially "gut" the bill. District is a very poor, inner-city area with a high crime-rate and a police department that has received bad press for mistreating detainees. Many of the people who live in the district are illegal immigrants who do not speak English very well. Silva's constituents do not communicate much with the congressional office. Those who do are looking for the office to help them with perceived injustices in the judicial system.

Silva's business base is almost non-existent with high turn-over rates. Most talk to the office about the need for additional loans. Rep. Silva received 85% of the vote in the last election.

Rep. Gallery (R), supports legislation

Rep. Gallery has reluctantly come out in support of the legislation. He is a member of the Committee and supported the Silva amendment to gut the bill. However, he thinks that the bill is better than the status quo. Plus, he promised the chair he'd vote for the bill on the floor if he could vote for the amendment in committee. His own legislative initiative is riding on this promise. District leans Republican although is by no means safe. Most residents have not been directly affected by terrorism and have not thought much about the issue. Rep. Gallery received 55% of the vote in the last election.

Rep. August (R), opposes legislation

Although she is a Republican, Rep. August is bucking her party on this issue. She has always been a strong supporter of civil liberties, and is concerned that the legislation gives law enforcement too much power. District leans Democratic. It is an up-and-coming "high tech" area. August has been able to hold the seat as a result of her strong support for education and other issues. Plus, people like her. Her constituents generally support more personal privacy, but haven't thought much about this issue. They are in frequent contact with the office and are deeply divided as to the best approach. The business community, including a number of high-tech surveillance companies, argues that there are other less intrusive ways, besides wire-tapping, to collect evidence. Rep. August received 54% of the vote in the last election.

Rep. Earle (D), supports legislation

Rep. Earle surprised no one when he came out in support of the legislation. Many of his Democratic party colleagues have called him a "turncoat" in the past. Rep. Earle has a following among the younger "renegade" minority members. District is very blue-collar, with mainly union and minimum wage jobs. The refinery provides most of the employment in the region. Constituents are concerned about their children's future. Many want to see a better life for their kids than refinery work. The business community hasn't expressed any views on this issue. Rep. Earle received 62% of the vote in the last election.

Rep. Faire (R), Opposes Legislation

Party leaders were shocked when Rep. Faire announced her opposition. She has led the crusade for increased funding for the war on terrorism. Rep. Faire argues that the legislation goes too far. She'd rather err on the side of protecting privacy, while providing law enforcement with other tools to combat terrorism. District is rural, with a high percentage of Quakers. Constituents are not very concerned about the wire-tapping as most of them have no computer access and only one phone. They feel that they are not likely to be targets of law enforcement's efforts. The business community, on the other hand, agrees with Rep. Faire, and strongly opposes the legislation. Many of them are working to bring computer technology to the community and are concerned that invasions of privacy will become a big issue. Rep. Faire received 68% of the vote in the last election.

Rep. Sienna (R), supports legislation

Rep. Sienna strongly supports the legislation and would go even further to allow law enforcement to tap phones and computers without any judicial review. In fact, Rep. Sienna believes that the federal government should be able to incarcerate suspected terrorists without due cause. District very conservative rural area. Strongly Republican. Hardly anyone has access to the Internet at home. There is a military base in the district, as well as a police training academy. Constituents agree with Rep. Sienna and are proud to have him fighting for their security in Washington. The business community supports the legislation. Rep. Sienna received 80% of the vote in the last election.

Rep. Denny (D), opposes legislation

Rep. Denny has come out in opposition to the legislation, although it is a very tough call. Many constituents are concerned about privacy violations, but businesses in the area support even stronger efforts to capture terrorists. District is a suburban area. Many workers commute to the nearby university and businesses in the medium-sized city nearby. The region has both an airport as well as a major train station, so business interests are worried about the impact terrorism might have on their ability to ship products out of the area. Rep. Denny received 52% of the vote in the last election.

The Players: Staff

Materials: Member / Party assignment (one staff person for the supporters and one staff person for the opponents), notes to READ to members, and member descriptions for your assignments

Responsibilities

 Read each round's "note" to the pertinent member during that round (i.e., round one note during round one, round two during round two, etc.)

 DO NOT GIVE THE MEMBER THE CARD. He or she must assimilate the information verbally

 You must get to all your members during the round and you may not share the information with other staff or members (you may have to pull the members away from other discussions / press)

Notes for Rep. Abernathy (supports)

Round One: A close friend of yours has been named the new head of the Organization to Protect American's Privacy. He is urging you to change your mind, saying that it violates basic democratic rights.

Round Two: Your constituents, previously silent on the subject, are calling your office in droves asking for more information about the President's "Safety in America" program, which, according to the President, would increase surveillance powers for law enforcement without curtailing private rights. Now that they've heard about this program, they wonder why you support the legislation.

Round Three: Senator Smith (the senior Senator from your state) has just called to let you know about the vote in the Senate. He voted against the bill, and urges you to do the same, especially since it will never become law. He says that state-wide, this issue is a killer.

Notes for Rep. Silva (opposes)

Round One: Front page news: Police in your district beat and severely injure a local citizen after breaking into the wrong house in a drug raid.

Round Two: In a recent national report, your community is ranked highest in the country in terms of areas harboring suspected terrorists.

Round Three: The local radio station is running a show about rampant police brutality within your district. They are urging people to call YOUR office to try to fix this appalling problem.

Notes for Rep. Gallery (supports)

Round One: There's a story on front page of local paper about how local law enforcement issued over 100 wire taps in the last year, only 1 of which yielded any useful information for arrest and prosecution.

Round Two: The local talk show host is on the air praising you for your courageous switch. She says you've put the people's security first and foremost.

Round Three: Calls are pouring in from your district in response to the talk show. Unfortunately, most of them (70%) are from people who are very angry that you changed your mind. They're saying they will support your opponent.

Notes for Rep. August (opposes)

Round One: Your Republican opponent (who has a significant fundraising advantage over you) has called a press conference to denounce what he calls your support for a federal takeover of the nation's communities. He wants to know why you support allowing "Jack-booted thugs" to terrorize local citizens.

Round Two: A local business group "Security and Pride in America" has just awarded you their "business leader of the year" award. Constituents are calling in to congratulate you!

Round Three: A major campaign donor has indicated that if you continue in your opposition of the bill, they will cancel a scheduled fundraiser.

Notes for Rep. Earle (supports)

Round One: Your office is the target of a phone-in campaign, but unfortunately most of your constituents do not understand the issue. Nevertheless, they're asking you to change your mind.

Round Two: A local morning TV show ran a story about the impact of the Internet on people's privacy. Their studies show that medical, financial and personal privacy is at an all time low.

Round Three: A major disaster occurs at the refinery. Workers have been killed and injured. Your constituents are clamoring for you to get home. Problem is that in order to get back today, you'll have to miss the vote. Your opponent is arguing that your place is with your people, and if you don't get back, you don't deserve to represent them.

Notes for Rep. Faire (opposes)

Round One: You are introducing legislation today to increase funding for the war on terrorism. Additional funds will be provided to local law enforcement, military personnel, INS agents and others to ensure continued vigilance.

Round Two: The local radio talk show host is appalled (and sharing that with her listeners) that on the very day your new legislation is being introduced, you have decided to oppose this legislation. She thinks it is hypocritical and self-serving. On the other hand, the business community has praised your foresighted approach

Round Three: Your constituents, including your local sheriff, are begging you to change your mind, while the local chapter of the Organization to Protect America's Privacy is praising your courage.

Notes for Rep. Sienna (supports)

Round One: A recently released national report indicates that your region of the country has had the least number of wire taps allowed by judicial review. At the same time, the local story is reporting that two suspected terrorists packed up their bags and departed in the middle of the night after law enforcement began 24-hour surveillance of their house.

Round Two: A local radio talk show host, who has disagreed with you in the past on other questions of civil liberties, is glad to see that you two see eye to eye on this legislation

Round Three: Your constituents, concerned about the safety of military personnel overseas, want you to spend less time wire-tapping and more on providing additional funds for overseas personnel.

Notes for Rep. Denny (opposes)

Round One: Rep. Faire is introducing legislation to increase funding for local law enforcement and the INS. You prefer the idea of increasing financial resources as opposed to providing additional law enforcement authority.

Round Two: The President wants to cement your opposition to the bill with the promise of some funds from his "Security in America" program. He'll give you 2.5 million to complete a project you've been working on for years. The recently released national report indicates that your community is about average in terms of wire tapping usefulness.

Round Three: Your opponent has called a press conference regarding your total disregard for the needs of the business community, which is concerned about the impact of terrorism on shipping.

Players: Press

Materials: Description of members you are responsible for

Responsibilities

 You must interview the two people you are responsible for at least once and report at least once on each person

 Ask "tough" questions at each round

 Report during the debate to TV crew

 The two managers are unassigned. Only the best reporters will be able to get to them

 Interview the undecideds as well

Press Person Number One Assignment: Abernathy and Silva

Press Person Number Two Assignment: Gallery and August

Press Person Number Three Assignment: Earle and Jones

Press Person Number Four Assignment: Sienna and Denny

Players: TV Crew (1 person)

Roam around trying to get the reporters (and an occasional member) on tape.

Must get to all four reporters twice each.

Headlines

Round One: The General Accounting Office, a government watchdog agency, releases a report suggesting that delays in securing wire-tap authority has resulted in the escape from custody of at least 100 suspected terrorists in the last five years. At the same time, the report indicates that only one in 50 wire taps imposed by local or national authorities ever yield any useful evidence.

Round Two: The President has just announced a "Safety in America" program, which extends additional authorities to law enforcement, such as expedited judicial review (within 5 hours) of requests to place wire taps.

Round Three: The Senate has just voted (by a vote of 55-45) to kill the legislation. This means that even if it passes the House, there is no chance of it becoming law.