Since the controversy over cartoons of the Prophet Muhammad erupted, Europe's leaders have shown remarkable--and uncharacteristic--courage under fire. Refusing to apologize for the alleged slight to religious Muslims, a chorus of Continental voices has instead risen to the cartoons' defense, citing freedom of expression as the very essence of liberty, democracy and the European Way.

Unfortunately, free speech is about the weakest card in Europe's hand these days. An Austrian court's conviction and sentencing of the British historian David Irving to three years imprisonment for Holocaust denial is merely the most recent footnote to European hypocrisy on freedom of expression over the past decade.

The European Convention on Human Rights, which legally binds all EU states and supersedes domestic law, explicitly guarantees "the right to freedom of expression" including "the freedom to hold opinions and to receive and impart information and ideas without interference by public authority."

This provision is in keeping not only with the U.S. Bill of Rights, but with the central instruments of international human rights law to which Europe and America claim adherence. Yet Europe's interpretation of free expression has diverged markedly from America's broad deference to First Amendment freedoms of speech, assembly and religion.

American courts have upheld the publication of false, even racist materials, the right of neo-Nazis to rally in Jewish neighborhoods, and the objections of some citizens to the Pledge of Allegiance and to school dress codes on religious grounds.

European governments, on the other hand, have consistently trampled analogous rights, outlawing publication of hate speech, trade in Nazi paraphernalia, and the wearing of distinctive religious clothing, to name but a few recent examples.

According to the Austrian court that convicted him on Monday, David Irving's offense was to have "denied, grossly played down, approved, or tried to excuse" the Holocaust in print or other media, in violation of a 1992 statute. Although he has not been tried at home in Britain, Irving was convicted and fined in Germany in 1995 for "inciting race hatred."

At best, Irving is a monumentally terrible historian, who, only after publishing dozens of books on World War II, read the notes of the Holocaust mastermind Adolf Eichmann and came around to admitting that the Nazi genocide might actually have occurred. At worst, he is an artless but unrepentant bigot, on the model of America's David Duke or Austria's own Jörg Haider, but without any independent political power.

Why, then, is Irving's Holocaust denial, like other minority and extremist views in European society, of such great concern to lawmakers? If European governments want to guard against the repetition of genocide, they should actively educate their citizens in tolerance and respect for different cultures and beliefs, not gag those who express conflicting ideas.

Europe's suppression of free speech is guaranteed to spawn and incubate precisely the kind of bigotry and sectarian violence it is intended to prevent. Hounded for the unthinkable crime of publishing false history, David Irving appears almost heroic as he stands up to censorship, fines and imprisonment, making him a kind of martyr for neo-fascist groups.

Likewise, suppression of young Muslims' rights to dress or worship as their religion requires lends government sanction to already widespread anti- Muslim attitudes. This official xenophobia in turn breeds simmering resentment that has already exploded into mass violence and been manipulated by radical Islamists to recruit willing terrorist agents from within European society.

While European leaders should be praised for their belated conversion to the cause of free speech, outraged Muslims around the world are right to allege a double standard. Until Europe consistently respects its own guarantees of free expression, and actively promotes tolerance instead of clumsily stifling dissent, its brave rhetoric will ring disappointingly false.

Congress will soon hold hearings on the National Security Agency's domestic spying program, secretly authorized by President Bush in 2002. But that program is just the tip of the iceberg.

Since 9/11, the expansion of efforts to gather and analyze information on U.S. citizens is nothing short of staggering. The government collects vast troves of data, including consumer credit histories and medical and travel records. Databases track Americans' networks of friends, family and associates, not just to identify who is a terrorist but to try to predict who might become one.

Remember Total Information Awareness, retired Adm. John Poindexter's effort to harness all government and commercial databases to preempt national security threats? The idea was that disparate, seemingly mundane behaviors can reveal criminal intent when viewed together. More disturbing, it assumed that deviance from social norms can be an early indicator of terrorism. Congress killed that program in 2003, but according to the Associated Press, many related projects continued.

The Defense Advanced Research Projects Agency runs a data-mining program called Evidence Extraction and Link Discovery, which connects pieces of information from vast amounts of data sources. The Defense Intelligence Agency trawls intelligence records and the Internet to identify Americans connected to foreign terrorists. The CIA reportedly runs Quantum Leap, which gathers personal information on individuals from private and public sources. In 2002, Congress authorized $500 million for the Homeland Security Department to develop "data mining and other advanced analytical tools." In 2004, the General Accounting Office surveyed 128 federal departments and agencies to determine the extent of data mining. It found 199 operations, 14 of which related to counterterrorism.

What type of information could these mine? Your tax, education, vehicle, criminal and welfare records for starters. But also other digital data, such as your travel, medical and insurance records--and DNA tests. Section 505 of the Patriot Act (innocuously titled "Miscellaneous National Security Authorities") extends the type of information the government can obtain without a warrant to include credit card records, bank account numbers and information on Internet use.

Your checking account may tell which charities or political causes you support. Your credit card statements show where you shop, and your supermarket frequent-buyer-card records may indicate whether you keep kosher or follow an Islamic halal diet. Internet searches record your interests, down to what, exactly, you read. Faith forums or chat rooms offer a window into your thoughts and beliefs. E-mail and telephone conversations contain intimate details of your life.

A University of Illinois study found that in the 12 months following 9/11, federal agents made at least 545 visits to libraries to obtain information about patrons. This isn't just data surveillance. It's psychological surveillance.

Many Americans might approve of data mining to find terrorists. But not all of the inquiries necessarily relate to terrorism. The Patriot Act allows law enforcement officers to get "sneak and peek" warrants to search a home for any suspected crime--and to wait months or even years to tell the owner they were there. Last July, the Justice Department told the House Judiciary Committee that only 12% of the 153 "sneak and peek" warrants it received were related to terrorism investigations.

The FBI has used Patriot Act powers to break into a judge's chambers and to procure records from medical clinics. Documents obtained by the American Civil Liberties Union recently revealed that the FBI used other new powers to eavesdrop on environmental, political and religious organizations.

When Congress looks into domestic spying in the "war on terror," it should ask a series of questions:

First, what information, exactly, is being collected? Are other programs besides the president's NSA initiative ignoring traditional warrant requirements? Are federal agencies dodging weak privacy laws by outsourcing the job to private contractors?

Second, who has access to the data once it is collected, and what legal restrictions are set on how it can be used or shared?

Third, who authorized data mining, and is its use restricted to identifying terrorists?

Fourth, what is the collective effect of these programs on citizens' rights? Privacy certainly suffers, but as individuals begin to feel inhibited in what they say and do, free speech and freedom of assembly also erode.

Fifth, how do these data collection and mining operations deal with error? As anyone who's tried to dispute an erroneous credit report can attest, once computer networks exchange data, it may be difficult to verify its accuracy or where it entered the system. Citizens who do not know they are under surveillance cannot challenge inaccurate information that may become part of their secret digital dossier.

What will Congress do to ensure that the innocent remain so?

In today's increasingly interconnected world, weak and failed states pose an acute risk to U.S. and global security. Indeed, they present one of the most important foreign policy challenges of the contemporary era. States are most vulnerable to collapse in the time immediately before, during, and after conflict. When chaos prevails, terrorism, narcotics trade, weapons proliferation, and other forms of organized crime can flourish. Left in dire straits, subject to depredation, and denied access to basic services, people become susceptible to the exhortations of demagogues and hatemongers. It was in such circumstances that in 2001 one of the poorest countries in the world, Afghanistan, became the base for the deadliest attack ever on the U.S. homeland, graphically and tragically illustrating that the problems of other countries often do not affect them alone.

This report proposes a set of initiatives aimed at stopping the spread of nuclear weapons to more countries and to non-state terrorist and criminal organizations. The most effective way to do this is to strictly limit access to the key nuclear-explosive materials required to make nuclear weapons: high-enriched uranium (HEU) and plutonium. These materials must be secured and, where possible, eliminated; and the number of locations where they can be found or produced drastically reduced.

We propose measures to strengthen international security standards on the storage and transport of fissile materials; stop the spread of facilities capable of producing fissile materials (reprocessing and enrichment plants); end verifiably the production of fissile material for weapons; dispose of excess weapons and civilian fissile materials; and phase out the use of HEU as a reactor fuel.

Although the measures called for have been on the international agenda for decades, most are barely moving forward, if not completely stalled. These measures urgently need high-level attention.

Specifically, we call for the following initiatives:

• A finding by the U.N. Security Council that a country that withdraws from the Non-Proliferation Treaty (NPT) and seeks to use for weapons purposes materials and technology acquired while it was a member constitutes a threat to international security and that such country will be subject to a clearly articulated escalating set of sanctions imposed by the international community. Exporters and importers should negotiate bilateral safeguards as a backup to international safeguards to assure that, in addition to a country's obligations under the NPT, they have a bilateral agreement that any nuclear facilities, equipment, or material that is exported will not be converted to weapons use. Such backup safeguards are already mandated in some agreements for nuclear cooperation between supplier and receiver countries;
• The establishment of internationally verified minimum standards for the physical protection of fissile materials;
• An international agreement that countries will build new uranium enrichment plants only if they have been first reviewed and approved under agreed criteria by the International Atomic Energy Agency (IAEA) or a special committee under the U.N. Security Council and are subject to an additional level of multinational oversight;
• A moratorium on building new spent-fuel reprocessing plants until the existing plutonium stocks, including excess military stocks, are disposed of, and phase-out of plutonium separation at existing reprocessing plants if there is no compelling economic rationale to continue;
• A Fissile Material Cutoff Treaty (FMCT) to end further production of fissile materials for weapons or outside international safeguards;
• Actions by the United States and Russia to dispose of fissile materials recovered from excess weapons;
• A phaseout of the use of HEU in reactor fuel and critical assemblies.