About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 Domestic Terrorism: Definitions, Terminology, and Methodology [1] (2020)

handle is hein.agopinions/domterdf0001 and id is 1 raw text is: November 2020 Statute Pub. L. 116-92 - National Defense Authorization Act for Fiscal Year 2020 Requirements * Develop standardized definitions of terminology relating to domestic terrorism (DT) and uniform methodologies for tracking incidents of DT This is requested to be done jointly by the Federal Bureau of Investigation (FBI) and the U.S. Department of Homeland Security (DHS), and in consultation with the Director of National Intelligence. Under FBI policy and federal law, no investigative activity may be based solely on First Amendment activity. The FBI does not investigate, collect, or maintain information on US persons solely for the purpose of monitoring activities protected by the First Amendment. All personnel should exercise sound judgment and discretion in evaluating the totality of circumstances surrounding any of these indicators in order to determine whether a law enforcement or intelligence response or activity is warranted. Definitions Domestic Terrorism for the FBI's purposes is referenced in U.S. Code at 18 U.S.C. 2331(5), and is defined as activities: * Involving acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; * Appearing to be intended to: o Intimidate or coerce a civilian population; o Influence the policy of government by intimidation or coercion; or o Affect the conduct of a government by mass destruction, assassination or kidnapping; and * Occurring primarily within the territorial jurisdiction of the United States. This is a definitional statute, not a charging statute. We talk about the threat these actors pose as Domestic Terrorism threats, but each of the FBI's threat categories, described in further detail below, uses the words violent extremism because the underlying ideology itself and the advocacy of such beliefs is not prohibited by US law. In using the term Domestic Terrorism, DHS looks to the Homeland Security Act definition of terrorism, 6 U.S.C. 101(18), which is substantially similar but not identical to the title 18 definition. That provision defines terrorism as any activity that: Involves an act that: o Is dangerous to human life or potentially destructive of critical infrastructure or key resources; and o Is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and Appears to be intended: o To intimidate or coerce a civilian population; o To influence the policy of a government by intimidation or coercion; or o To affect the conduct of a government by mass destruction, assassination, or kidnapping.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most