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Hi, my
name is Rachael Dietkus.
Did
you know that the Patriot Act contains more than 150
separate sections outlined in 10 major titles? About a
tenth of the law expires or "sunsets" this year unless
Congress votes to reauthorize it. The sections I will
mention briefly are the most significant provisions
that, in the coming weeks, Congress must examine as it
deliberates again on the Patriot Act.
Even
though many sections raise serious civil liberties
concerns, the Patriot Act contained a handful of truly
radical expansions of criminal and intelligence search
and surveillance authority, only some of which sunset.
These changes represent the most dangerous sections of
the law.
These
provisions also embody the ACLU's broader concern
post-9/11 that the White House has demanded and received
an unwarranted amount of power, which weakens the checks
and balances that maintain our system of limited
government and preserve our constitutional liberties.
Congress should use the debate over the sunsets to
highlight these provisions in particular, but should
also take the opportunity to deliberate more broadly on
the state of our freedoms in the so-called "war on
terrorism."
Some
of the priority sections in the Patriot Act include:
•
Section 213, which expands the government's ability to
execute criminal search warrants (which need not involve
terrorism) and seize property without telling the target
for weeks or months.
•
Section 215, which allows the FBI to seize a vast array
of sensitive personal information and belongings –
including medical, library and business records – using
secret intelligence tools that do not require individual
criminal activity. Although the records can only be
seized pursuant to a court order, judges are compelled
to issue these orders, making such judicial review
nothing more than a rubber stamp.
•
Section 505, which lowers the evidentiary standard for
"national security letters," or NSLs, which are issued
at the sole discretion of the Justice Department, impose
a blanket gag order on recipients and are not subject to
judicial review. NSLs can be used to seize a wide
variety of business and financial records, and in
certain instances could be used to access the membership
lists of organizations that provide even very limited
Internet services (message boards on the ACLU’s website
for instance).
Congressional review of the Patriot Act and related
legal measures in the ongoing effort to combat terrorism
is needed to ensure continued public support for the
government’s efforts to safeguard national security. The
controversy over the Patriot Act reflects the concerns
of millions of Americans for preserving our fundamental
freedoms while safeguarding national security. To date,
resolutions in opposition to parts of the Patriot Act
and other actions that infringe on fundamental rights
have been passed in 372 communities in 43 states
including four statewide resolutions. These communities
represent approximately 56.2 million people who are
calling for reform of the Patriot Act.
Such
widespread concern, across ideological lines, reflects
the strong belief of Americans that security and liberty
need not be competing values. Congress included a
“sunset provision” precisely because of the dangers
represented by passing such far-reaching changes in
American law in the aftermath of the worst terrorist
attack in American history. Now is the time for Congress
to complete the work it began when it passed the Patriot
Act, by bringing the Patriot Act back in line with the
Constitution.
Let’s
remind Congress in the coming weeks that the sun should
set on the PATRIOT Act and rise on our rights! Join
members of the Champaign County ACLU and AWARE at the
Urbana Free Library on Wednesday, June 15, 2005, at 7:00
pm, as we discuss these important issues surrounding the
USA PATRIOT Act. |