Bumping this back up with the most recent development
The Republican chairman of the House Judiciary Committee introduced a bill yesterday that would make the USA Patriot Act permanent, but he balked at including some new powers sought by the Bush administration.Should the Patriot Act be renewed?
The bill proposed by Rep. F. James Sensenbrenner Jr. (R-Wis.) largely gives the Justice Department what it has requested in the review of the Patriot Act antiterrorism law, which was enacted weeks after the Sept. 11, 2001, attacks. The proposal includes 16 provisions set to expire at the end of this year unless they are renewed or made permanent by Congress.
I think this needs to be done on a provision by provision basis. Here are the parts of the Patriot Act
that are set to expire at the end of this year:
Provisions that will expire
· §201. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Terrorism.
· §202. Authority To Intercept Wire, Oral, And Electronic Communications Relating To Computer Fraud And Abuse Offenses.
· §203(b ), (d). Authority To Share Criminal Investigative Information.
· §206. Roving Surveillance Authority Under The Foreign Intelligence Surveillance Act Of 1978.
· §207. Duration Of FISA Surveillance Of Non-United States Persons Who Are Agents Of A Foreign Power.
· §209. Seizure Of Voice-Mail Messages Pursuant To Warrants.
· §212. Emergency Disclosure Of Electronic Communications To Protect Life And Limb.
· §214. Pen Register And Trap And Trace Authority Under FISA.
· §215. Access To Records And Other Items Under FISA.
· §217. Interception Of Computer Trespasser Communications.
· §218. Foreign Intelligence Information. (Lowers standard of evidence for FISA warrants.)
· §220. Nationwide Service Of Search Warrants For Electronic Evidence.
· §223. Civil Liability For Certain Unauthorized Disclosures.
· §224. Sunset. (self-cancelling)
· §225. Immunity For Compliance With Fisa Wiretap.
Full text here
As far as I can see, I have no problem with them renewing all of these sections except for sections 206, 212, and 215.
Section 105©(2)(B ) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805©(2)(B )) is amended by inserting `, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,' after `specified person'.
This is basically saying we can tap any phone or wire that a terrorist may ever use. The fact that they pick up innocents information is what is scary. It’s too broad and subjective IMO.
EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))--
`(1) as otherwise authorized in section 2703; `(2) with the lawful consent of the customer or subscriber;`(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;`(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or`(5) to any person other than a governmental entity.'.
Your information is not your own. 215 is similar but worse in the sense that it gives the feds the right to access just about anything they want on anyone they want so long as they have any reason to suspect them outside of their speech.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and inserting the following:
`SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
`(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.
`(e) A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.