With several provisions of the USA Patriot Act due to expire at the end of this year, Congress is in a position to limit its overly broad scope. Many believe the law endangers civil liberties, but the Obama administration appears reluctant to relax federal vigilance.
This time, at least, there appears to be recognition that the federal approach to terrorism surveillance creates the risk that agencies may trespass on civil liberties guaranteed to all Americans.
Department of Justice officials once argued that U.S. security needs trumped individual rights. Now the Obama administration promises to strike a balance between preserving effective investigative tools and protecting privacy and civil liberties. Yet the best way to prevent abuses is to revise the law itself.
The Patriot Act has already been amended since it was first passed in the fearful days after Sept. 11, 2001. This process should continue, with the goal of assuring average Americans that the government is not compiling dossiers on individuals or tracking their movements, without good cause and judicial oversight.
One of the provisions of the Patriot Act that is due to expire is the “library records” requirement, which allows the government to make secret requests for data on library patrons, or other records kept by businesses and organizations. A Senate bill proposed by Democrats Russ Feingold of Wisconsin and Richard Durbin of Illinois seeks to end the presumption that the government is entitled to such records, and require proof that they are relevant to a terrorism or espionage investigation.
The bill also seeks to remove immunity granted by Congress to telecommunications companies that assisted with wireless wiretaps and other surveillance during the Bush administration. No one has ever been held accountable for this surveillance conducted by the National Security Agency without any warrants.
A bill by Sen. Patrick Leahy, D-Vt., also seeks to limit FBI use of “national security letters,” which allow the agency to seize records without justifying the action to the individual under scrutiny or to any court.
The current review of the Patriot Act is an opportunity to continue restoring civil rights that were considered secondary to fighting terrorism. The previous administration showed a disdain for rights and privacy that must not only be corrected but repudiated.
— Questions? Comments? Contact Kristen Schulze Muszynski or Nick Cowenhoven at 282-1535 or kristenm@journaltribune.com or nickc@journaltribune.com.
Comments are not available on this story.
Send questions/comments to the editors.