In the wake of the attack on the Capitol, Joe Biden and others are calling for a new law to prevent “domestic terrorism,” presumably by increasing surveillance and making harsher penalties for certain actions that the government defines as “terrorism.” While the supposed justification may be the danger posed by far-right extremists, the increased legal powers of the government could be used against anti-racist groups, environmental groups, and other activists. There is already precedent for the government abusing its powers in the name of counter-terrorism – the USA PATRIOT Act, which was the justification for a massive National Security Agency (NSA) program spying on U.S. citizens. Biden was one of the architects of the PATRIOT Act when he was in the Senate. What will prevent the government from persecuting activists with its powers under a new law? The police have already shown that they treat right-wingers storming the Capitol better than Black Lives Matter protesters. Will a new law change this, or just provide a new way for police and federal agencies to crack down on activists whom they call “terrorists”?