KC Jones
11-04-2004, 05:40 PM
I mentioned the Patriot Act to Titus in another thread and promised to give him some info about it. However that thread was really meant for another purpose so here's some summary info for any that are interested:
WHAT’S WRONG WITH THE PATRIOT ACT AND HOW TO FIX IT
There has been a lot of confusing publicity about the PATRIOT Act.
Here we try to cut through the hype, describe plainly the biggest problems with the PATRIOT Act, and offer a roadmap for restoring the balance.
No Accountability – The PATRIOT Act weakened key oversight
and accountability checks on the powers of the Executive Branch,
reducing judges to mere “rubber stamps” and leaving many decisions
about investigative techniques to the discretion of FBI agents.
Restoring the Balance: Although the FBI should have the power it needs to investigate terrorism, the courts and Congress should have
the authority to ensure that the FBI does not overreach.
Sneak & Peek Searches – The PATRIOT Act broadened the
government’s power to search an individual’s home without telling her
until weeks or months later, and to do so in any criminal case.
Restoring the Balance: Secret searches should be allowed only in special circumstances, such as if someone’s life is at stake or evidence will be destroyed. Otherwise, FBI agents should have to knock on a person’s door and announce that they have a search warrant, as intended by the Fourth Amendment.
Access to Sensitive Business Records – The PATRIOT Act
gave the FBI nearly unlimited power to obtain business records,
including sensitive files like medical, library and bookstore records,
with a secret court order issued with no factual showing of need.
Restoring the Balance: The FBI should only be able to obtain files about people suspected of being terrorists or spies. It should not be able to get entire databases of information about innocent people.
Broad Definition of Terrorism – The PATRIOT Act contains a
definition of “domestic terrorism” so broad that someone committing a
misdemeanor could end up being dubbed a terrorist, thereby facing
asset forfeiture and other serious consequences.
Restoring the Balance: Only the most serious crimes should be
considered terrorism.
Monitoring Computer “Trespassers” Without a Court
Order – The PATRIOT Act allows ISPs, universities and network
administrators to authorize government surveillance of anyone they
deem a “computer trespasser” without a court order, and with no
notice to the person being monitored.
Restoring the Balance: Surveillance of computer users should occur with proper judicial review, not secretly with no judicial involvement.
Secret Investigations – The FBI’s domestic intelligence
investigations under the Foreign Intelligence Surveillance Act (FISA), a statute that was expanded by the PATRIOT Act, occur in total secrecy, with almost no information released to the public.
Restoring the Balance: The FBI should do more public reporting, on a statistical basis, about the use of secret FISA investigative
techniques so the public knows how much information is gathered
about U.S citizens and using what methods.
Monitoring of Email and Web Surfing – The PATRIOT Act
extended to the Internet the already broad authority to monitor
transactional (non-content) information about communications with
very little justification. A record of every call you make and every
email you receive offers a full picture of your life, even without the
contents.
Restoring the Balance: Approval to monitor who is calling whom
should be granted only when a judge finds there is reason to believe
that a crime is being committed. And in the Internet context, there
should be a bright-line distinction between monitoring transactional
data and intercepting content.
Expansive “Roving” Wiretap Authority – The PATRIOT
Act permitted the FBI to use “roving” wiretaps in intelligence
investigations, but it did not include safeguards long used in criminal
investigations to avoid recording the conversations of innocent people.
Restoring the Balance: The FBI should be granted wiretap orders only where it specifies either the name of the target or the telephone or computer to be tapped. And in carrying out a roving tap, an FBI agent should have to verify that the person named in the order is about to use a particular phone before the tap is turned on.
End-Run Around Standard Criminal Procedures – The
PATRIOT Act authorized the FBI to use special intelligence
investigative techniques under FISA, which has lower standards than
regular criminal law, even where the primary purpose of the
investigation is to obtain information for a criminal trial. This
essentially permits the FBI to collect evidence for criminal cases under
lower standards.
Restoring the Balance: The special intelligence standards should be used only where intelligence gathering is the primary purpose for the investigation.
WHAT’S WRONG WITH THE PATRIOT ACT AND HOW TO FIX IT
There has been a lot of confusing publicity about the PATRIOT Act.
Here we try to cut through the hype, describe plainly the biggest problems with the PATRIOT Act, and offer a roadmap for restoring the balance.
No Accountability – The PATRIOT Act weakened key oversight
and accountability checks on the powers of the Executive Branch,
reducing judges to mere “rubber stamps” and leaving many decisions
about investigative techniques to the discretion of FBI agents.
Restoring the Balance: Although the FBI should have the power it needs to investigate terrorism, the courts and Congress should have
the authority to ensure that the FBI does not overreach.
Sneak & Peek Searches – The PATRIOT Act broadened the
government’s power to search an individual’s home without telling her
until weeks or months later, and to do so in any criminal case.
Restoring the Balance: Secret searches should be allowed only in special circumstances, such as if someone’s life is at stake or evidence will be destroyed. Otherwise, FBI agents should have to knock on a person’s door and announce that they have a search warrant, as intended by the Fourth Amendment.
Access to Sensitive Business Records – The PATRIOT Act
gave the FBI nearly unlimited power to obtain business records,
including sensitive files like medical, library and bookstore records,
with a secret court order issued with no factual showing of need.
Restoring the Balance: The FBI should only be able to obtain files about people suspected of being terrorists or spies. It should not be able to get entire databases of information about innocent people.
Broad Definition of Terrorism – The PATRIOT Act contains a
definition of “domestic terrorism” so broad that someone committing a
misdemeanor could end up being dubbed a terrorist, thereby facing
asset forfeiture and other serious consequences.
Restoring the Balance: Only the most serious crimes should be
considered terrorism.
Monitoring Computer “Trespassers” Without a Court
Order – The PATRIOT Act allows ISPs, universities and network
administrators to authorize government surveillance of anyone they
deem a “computer trespasser” without a court order, and with no
notice to the person being monitored.
Restoring the Balance: Surveillance of computer users should occur with proper judicial review, not secretly with no judicial involvement.
Secret Investigations – The FBI’s domestic intelligence
investigations under the Foreign Intelligence Surveillance Act (FISA), a statute that was expanded by the PATRIOT Act, occur in total secrecy, with almost no information released to the public.
Restoring the Balance: The FBI should do more public reporting, on a statistical basis, about the use of secret FISA investigative
techniques so the public knows how much information is gathered
about U.S citizens and using what methods.
Monitoring of Email and Web Surfing – The PATRIOT Act
extended to the Internet the already broad authority to monitor
transactional (non-content) information about communications with
very little justification. A record of every call you make and every
email you receive offers a full picture of your life, even without the
contents.
Restoring the Balance: Approval to monitor who is calling whom
should be granted only when a judge finds there is reason to believe
that a crime is being committed. And in the Internet context, there
should be a bright-line distinction between monitoring transactional
data and intercepting content.
Expansive “Roving” Wiretap Authority – The PATRIOT
Act permitted the FBI to use “roving” wiretaps in intelligence
investigations, but it did not include safeguards long used in criminal
investigations to avoid recording the conversations of innocent people.
Restoring the Balance: The FBI should be granted wiretap orders only where it specifies either the name of the target or the telephone or computer to be tapped. And in carrying out a roving tap, an FBI agent should have to verify that the person named in the order is about to use a particular phone before the tap is turned on.
End-Run Around Standard Criminal Procedures – The
PATRIOT Act authorized the FBI to use special intelligence
investigative techniques under FISA, which has lower standards than
regular criminal law, even where the primary purpose of the
investigation is to obtain information for a criminal trial. This
essentially permits the FBI to collect evidence for criminal cases under
lower standards.
Restoring the Balance: The special intelligence standards should be used only where intelligence gathering is the primary purpose for the investigation.