Dear Mr. Patterson:
Thank you for contacting me about the online publication of terrorism-related propaganda materials. It is helpful for me to hear your views, and I welcome the opportunity to respond.
I am deeply troubled that extremists are able to effectively recruit new members or inspire lone wolf attacks through the use of online publications and social media. As you may be aware, terrorists have instructions on how to conduct an attack or how to assemble an explosive device available to them through online publications, as was the case in the 2013 Boston Marathon bombings. In that instance, Dzhokhar and Tamerlan Tsarnaev reportedly used the step-by-step instructions contained in Inspire magazine – a publication disseminated online by al-Qa’ida in the Arabian Peninsula – to create their improvised explosive devices using pressure cookers.
I previously authored legislation after the 1995 Oklahoma City bombing that criminalizes the teaching of bombmaking if there is intent that the information will be used to commit a federal crime or knowledge that the person taught intends to use that information to commit a federal crime. President Clinton signed this legislation into law in 1999 and it has been used in multiple criminal prosecutions. I believe this statute can be used to effectively prosecute terrorist bombmakers and to help combat the online posting of bombmaking instructions, to include Inspire magazine.
I am working with my colleagues in Congress to determine what more can be done to prevent the online publication of Inspire, as well as other online publications that can potentially serve as tools for terrorism like the Anarchist’s Cookbook, consistent with the constitutional protections for free speech. I recently sponsored, along with Senator Burr, the Requiring Reporting of Online Terrorist Activity Act (S. 2372), which would require social media companies to report instances of terrorist activity to law enforcement. While this bill would not require companies to monitor their users, if they become aware of terrorist activity such as the distribution of bombmaking instructions for an attack, they would be required to report it.
It is important to note that while we must be mindful to protect our First Amendment rights, we need to reconcile these freedoms with the need to protect Americans. Even though the First Amendment gives broad protection to free speech, it is important for local, state, and Federal officials to have the ability to crack down on material that falls outside the law. I have publically advocated for the removal of this information when it violates the law or the terms of use of the sites hosting the information, and I will continue to work with the Administration and private industry to further protect against the use of the Internet to spread terror tactics.
Once again, thank you for writing. Please be assured that I will keep your thoughts in mind as I continue to push for the removal of online materials that are used to further the goals of terrorists. If you have any additional comments or concerns, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841.
Sincerely yours,
Dianne Feinstein
United States Senator
Further information about my position on issues of concern to California and the nation are available at my website, feinstein.senate.gov. And please visit my YouTube, Facebook and Twitter for more ways to communicate with me.
Jim Note: We have to add strong definitions of "terrorist activity" to go beyond bomb making and include incitement to acts of terror including acts against political, academic, business and faith leaders and those in attendance to peacefully listen to speeches by these leaders. My team is working on other activities that fall into this category and are careful not to infringe on First Amendment protections. JEP.
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