Oct 7th, 2009
Posted by Michael Macleod-Ball, Washington Legislative Office at 4:57pm	Keep America Safe & Free, Surveillance, USA PATRIOT Act

Congress is Losing its Chance to Reform the Patriot Act

(Originally posted on Huffington Post.)

Tomorrow the Senate Judiciary Committee will continue its debate over a bill that reauthorizes three Patriot Act provisions due to expire on December 31. The bill, The USA PATRIOT Act Sunset Extension Act, includes minor tweaks to the Patriot Act but does not go nearly far enough to thoroughly protect the Fourth Amendment rights of Americans.

The Patriot Act is a reactionary law. It was passed 45 days after 9/11 with virtually no debate and granted the government sweeping surveillance powers including the ability to conduct secret searches of Americans’ homes without warrants or even the presence of the resident.

Easily one of the most dangerous powers handed over in the Patriot Act was the expansion of the National Security Letters (NSL) statute which allows the government to demand a huge variety of our information (medical records, tax records, books we borrow from the library, etc.) from recipients like Internet service providers (ISP), financial institutions, and libraries without any proper judicial oversight. Oh, and it contains a gag order for recipients. The Department of Justice Office of the Inspector General has released two consecutive reports in the last several years detailing the FBI’s flagrant and systemic misuse of the NSL statute.

In 2004, the ACLU filed a lawsuit, now called Doe v. Holder, on behalf of an ISP that the FBI served with an NSL. A lower court ruled in 2007 that the gag order provisions were unconstitutional, and the U.S. Court of Appeals for the Second Circuit upheld that ruling in 2008. However, the FBI continues to enforce the gag order on the ISP even though the underlying investigation is more than five years old and even though the FBI abandoned its demand for records from the ISP more than three years ago. By continuing to unconstitutionally enforce its five-year-old gag order on a John Doe NSL recipient and his ACLU attorneys, the FBI is suppressing key information that could help inform the ongoing congressional debate about the need to reform the NSL statute.

Back to the Senate Judiciary Committee - the bill being debated is a ‘compromise’ bill offered by Chairman Patrick Leahy (D-VT) and Senator Dianne Feinstein (D-CA) and is not the bill the ACLU was hoping for. We endorsed a bill introduced by Senators Russell Feingold (D-WI) and Richard Durbin (D-IL) called the JUSTICE Act, which would have inserted rigorous civil liberties safeguards into the Patriot Act as well as several other overly broad surveillance laws including the FISA Amendments Act. You can see how the USA PATRIOT Act Sunset Extension Act stacks up against the current law and the JUSTICE Act here.

During tomorrow’s continued debate, Senators Feingold and Durbin are seeking to have JUSTICE Act provisions – most importantly NSL provisions – added as amendments to the committee’s base bill. Last week the Senators succeeded in adding language that would shorten the time period on the “sneak and peek” provision, (you can thank Senator Feingold for introducing the amendment by tweeting a message here and Senator Arlen Specter (D-PA) for voting for it by tweeting a message here).

As we approach the committee’s vote tomorrow, there’s still time for you to contact your Senators’ offices urging them to vote to add any JUSTICE Act amendments to the bill next markup. It’s crucial that you reach out to these key Senators and urge them to protect the privacy of all Americans by voting for additional amendments that would rein in the NSL authority. Specifically, these Senators voted against modest privacy protections last week and need to hear from you: Senators Patrick Leahy (D-VT), Herb Kohl (D-WI), Dianne Feinstein (D-CA), Charles Schumer (D-NY), Edward Kaufman (D-DE), Amy Klobuchar (D-MN), Al Franken (D-MN) and Sheldon Whitehouse (D-RI). Clearly, these Senators need to hear that we are watching and very interested in protecting our Fourth Amendment rights. Senators Specter and Cardin (D-MD) also deserve a call thanking them for supporting Senator Feingold’s important amendment last Thursday. Urge them to keep supporting the Constitution. 

Real Patriot Act reform can be realized as long as we all stay engaged, focused and vigilant. Get dialing, America!

Permalink |	Keep America Safe & Free, Surveillance, USA PATRIOT Act

Tags: National Security Letters, Patriot Act

1. Sherry Says:
   Oct 7th, 2009 at 6:58pm

   I think the Patriot Act is a good idea. If you have nothing to hide, then you have nothing to worry about.

2. Vic Livingston Says:
   Oct 8th, 2009 at 3:56pm

   PATRIOT ACT, WARRANTLESS SPY PROGRAMS ENABLE A GRASSROOTS GESTAPO -- COMMITTING AN AMERICAN GENOCIDE-POLITICIDE

   • When will ACLU address this DOMESTIC TERRORISM, enabled or committed by agencies of local and federal government?

   • President Obama must BAN wireless tracking of citizens and the use of microwave/laser directed energy weapons against Americans.

   The Patriot Act and various warrantless surveillance programs are being employed in a systematic campaign of ideologically-motivated PERSECUTION AND TORTURE of many thousands of American citizens. This journalist is one of them.

   There is an officially-enabled American GENOCIDE happening in America, and it is the purposeful product of a "multi-agency coordinated action program" apparently directed by a secretive Homeland Security agency that is violating the human and civil rights of Americans nationwide via the deployment of classified microwave and laser "directed energy weapons systems" and vigilante "community stalking" by citizen members of federally-funded community policing, town watch, and anti-"terrorism" units.

   Please, ACLU members, read my first-hand account here and TAKE ACTION. Congress must investigate and stop this American POLITICIDE:

   http://nowpublic.com/world/gestapo-usa-govt-funded- vigilante-network-terrorizes-america
   http://nowpublic.com/world/domestic-torture-radiation-weaponry-amer icas-horrific-shame
   http://nowpublic.com/world/targeting-u-s-citizens-govt-agencies-roo t-cause-wall-street-financial-crisis
   http://NowPublic.com/scrivener

3. Vic Livingston Says:
   Oct 8th, 2009 at 3:59pm

   (second attempt to post:)

   PATRIOT ACT, WARRANTLESS SPY PROGRAMS ENABLE A GRASSROOTS GESTAPO -- COMMITTING AN AMERICAN GENOCIDE-POLITICIDE

   • When will ACLU address this DOMESTIC TERRORISM, enabled or committed by agencies of local and federal government?

   • President Obama must BAN wireless tracking of citizens and the use of microwave/laser directed energy weapons against Americans.

   The Patriot Act and various warrantless surveillance programs are being employed in a systematic campaign of ideologically-motivated PERSECUTION AND TORTURE of many thousands of American citizens. This journalist is one of them.

   There is an officially-enabled American GENOCIDE happening in America, and it is the purposeful product of a "multi-agency coordinated action program" apparently directed by a secretive Homeland Security agency that is violating the human and civil rights of Americans nationwide via the deployment of classified microwave and laser "directed energy weapons systems" and vigilante "community stalking" by citizen members of federally-funded community policing, town watch, and anti-"terrorism" units.

   Please, ACLU members, read my first-hand account here and TAKE ACTION. Congress must investigate and stop this American POLITICIDE:

   http://nowpublic.com/world/gestapo-usa-govt-funded- vigilante-network-terrorizes-america
   http://nowpublic.com/world/domestic-torture-radiation-weaponry-amer icas-horrific-shame
   http://nowpublic.com/world/targeting-u-s-citizens-govt-agencies-roo t-cause-wall-street-financial-crisis
   http://NowPublic.com/scrivener

4. Vic Livingston Says:
   Oct 8th, 2009 at 4:02pm

   (THIRD attempt to post this. It appears that malicious surveillance operatives at the Newtown, PA "fusion center" administered by the Dept. of Homeland Security are hijacking my internet connection.)

   PATRIOT ACT, WARRANTLESS SPY PROGRAMS ENABLE A GRASSROOTS GESTAPO -- COMMITTING AN AMERICAN GENOCIDE-POLITICIDE

   • When will ACLU address this DOMESTIC TERRORISM, enabled or committed by agencies of local and federal government?

   • President Obama must BAN wireless tracking of citizens and the use of microwave/laser directed energy weapons against Americans.

   The Patriot Act and various warrantless surveillance programs are being employed in a systematic campaign of ideologically-motivated PERSECUTION AND TORTURE of many thousands of American citizens. This journalist is one of them.

   There is an officially-enabled American GENOCIDE happening in America, and it is the purposeful product of a "multi-agency coordinated action program" apparently directed by a secretive Homeland Security agency that is violating the human and civil rights of Americans nationwide via the deployment of classified microwave and laser "directed energy weapons systems" and vigilante "community stalking" by citizen members of federally-funded community policing, town watch, and anti-"terrorism" units.

   Please, ACLU members, read my first-hand account here and TAKE ACTION. Congress must investigate and stop this American POLITICIDE:

   http://nowpublic.com/world/gestapo-usa-govt-funded- vigilante-network-terrorizes-america
   http://nowpublic.com/world/domestic-torture-radiation-weaponry-amer icas-horrific-shame
   http://nowpublic.com/world/targeting-u-s-citizens-govt-agencies-roo t-cause-wall-street-financial-crisis
   http://NowPublic.com/scrivener

5. Steve S. Says:
   Oct 9th, 2009 at 3:47pm

   "I think the Patriot Act is a good idea. If you have nothing to hide, then you have nothing to worry about." - Sherry

   Sherry, are you kidding? Please tell me you're a long-time ACLU member throwing out a bit of satire just to start a conversation.

6. anon comment Says:
   Oct 10th, 2009 at 2:26pm

   Vic,

   It takes 24 hours or more for comments to post.

   Also, I know for a fact that much of what you're saying is true. (I don't have any experience or direct knowledge that your DEW/radiation weaponry claims are true but, little would surprise me, having experienced group stalking and harassment in several different "communities" in three different states.

   Who is going to investigate, expose and stop this madness? Will Americans allow these crimes to continue? What about the rule of law and our Constitution. Where are our law-enforcement agencies in all of this?

7. anon comment Says:
   Oct 10th, 2009 at 2:28pm

   It takes up to 24 hours
   (and sometimes longer) for comments to post.

8. anon comment Says:
   Oct 10th, 2009 at 2:31pm

   Sherry wrote: "I think the Patriot Act is a good idea. If you have nothing to hide, then you have nothing to worry about."

   Re: "If you have nothing to hide, then you have nothing to worry about."

   Many people feel this way. I found out the hard way that it's just not true. And I'm a law-abiding, white, professional, patriotic American.

9. anon comment Says:
   Oct 10th, 2009 at 2:42pm

   Patriot Act Excesses
   October 8th
   New York Times

   nytimes.com/2009/10/08/opinion/08thu1.html

   The provisions are being abused. I'm a white, professional, law-abiding, patriotic female. When one complains to law-enforcement authorities, they do nothing. In fact they deny that anything is going on and write the victim off as "crazy."

   What's crazy is that no one is doing anything to stop the harassment (and stalking) that is going on in communties all across this country.

   Do I really live in America? What happened to "the rule of law" and our Constitution.

   Everyone is so afraid that they're willing to allow the Patriot Act provisions to stand without scrutiny. I'm sick and tired of living in an America where there is no recourse for those who is being terrorized by people in power. It's an outrage. And it must stop.

10. Maggie Says:
    Oct 11th, 2009 at 4:50pm

    Trust me Cardin will not be getting a phone call nor my vote.

11. Anonymous Says:
    Oct 12th, 2009 at 1:30pm

    The political subdivision agencies as CIA, FBI, DOJ and DHS should not be a problem to probe for the current administration legislative constitutional statutes. The commander and chief of the United States must show him self to be of the world leaders and denounce arguing issues subject to legislative regulations which are banned except as provided by law. Political operatives in the government is starting to be an influx where these issues are serious penalties and require a step back because it's not duty. The question now is how long did the political operatives take to correct The political subdivision agencies as CIA, FBI, DOJ and DHS should not be a problem to probe for the current administration legislative constitutional statutes. The commander and chief of the United States must show him self to be of the world leaders and denounce arguing issues subject to legislative regulations which are banned except as provided by law. Political operatives in the government is starting to be an influx where these issues are serious penalties and require a step back because it's not duty. The question now is how long did the political operatives take to correct their descreation which is being reviewed.

12. anon Says:
    Oct 12th, 2009 at 6:20pm

    Why does it take 24 hours or more for comments to post?

13. Paen Says:
    Oct 13th, 2009 at 1:03pm

    I guess Sherry won't mind having her door kicked down in the middle of the night and being subjected to a body cavity search since she has nothing to hide.

14. anon nurse Says:
    Oct 24th, 2009 at 10:54pm

    Well said, Paen. (referring to Comment 13)

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