Help Reform The Patriot Act

The current Patriot Act is desperately in need of reform, and if we as citizens don’t make ourselves heard, nothing is going to be done about it. Rather than go into the details myself, here are a few paragraphs from Sentator Russ Feingold’s speech to the Senate. It’s long, but this is the future of our country’s freedoms we’re talking about. If you are moved by what the Senator has said here, I implore you to write or call your representatives and let them know you support Senator Feingold’s position.

The thing is, we literally forfeit our right to complain about our rights being taken away if we are too lazy to take 10 minutes out of a single day to make a couple phone calls or send a couple emails. If you care about this country at all, please read the text below and act on it via the link above.

I want to remind my colleagues of the serious problems with the Patriot Act that we have been discussing for several years. Let me start with Section 215, the so-called “library” provision, which has received so much public attention. I remember when the former Attorney General of the United States called the librarians who were expressing disagreement with this provision “hysterical.” What a revelation it was when the Chairman of the Judiciary Committee, the Senator from Pennsylvania, opened his questioning of the current Attorney General during his confirmation hearing by expressing concern about this provision of the Patriot Act. He got the Attorney General to concede that yes, in fact, this provision probably went a bit too far and could be improved and clarified. That was an extraordinary moment. It was a moment that was very slow in coming, and long overdue. And I give credit to the Senator from Pennsylvania because it allowed us to start having a real debate on the Patriot Act. But credit also has to go to the American people who stood up, despite the dismissive and derisive comments of government officials, and said with loud voices – the Patriot Act needs to be changed. These voices came from the left and the right, from big cities and small towns all across the country. So far, more than 400 state and local government bodies have passed resolutions calling for revisions to the Patriot Act. I plan to read some of those resolutions on the floor during this debate. There are a lot of them. And nearly every one mentions Section 215. Section 215 is at the center of this debate over the Patriot Act. It is also one of the provisions that I tried unsuccessfully to amend here on this floor in October 2001. So it makes sense to start my discussion of the specific problems I have with the conference report with the infamous “library” provision. Section 215 of the Patriot Act allows the government to obtain secret court orders in domestic intelligence investigations to get all kinds of business records about people, including not just library records, but also medical records and various other types of business records. The Patriot Act allowed the government to obtain these records as long as they were “sought for” a terrorism investigation. That’s a very low standard. It didn’t require that the records concern someone who was suspected of being a terrorist or spy, or even suspected of being connected to a terrorist or spy. It didn’t require any demonstration of how the records would be useful in the investigation. Under Section 215, if the government simply said it wanted records for a terrorism investigation the secret FISA court was required to issue the order — period. To make matters worse, recipients of these orders are also subject to an automatic gag order. They cannot tell anyone that they have been asked for records. Now some in the Administration, and even in this body, took the position that people shouldn’t be able to criticize these provisions until they could come up with a specific example of “abuse.” The Attorney General has repeatedly made that same argument, and he did so again in December in an op-ed in the Washington Post when he dismissed concerns about the Patriot Act by saying that “[t]here have been no verified civil liberties abuses in the four years of the act’s existence.” First of all, that has always struck me as a strange argument since 215 orders are issued by a secret court and people who receive them are prohibited by law from discussing them. In other words, the law is designed so that it’s almost impossible to know if abuses have occurred. But even more importantly, the claim about lack of abuses just isn’t credible given what we now know about how this Administration views the surveillance laws that this body writes. We now know that for the past four-plus years, the government has been wiretapping the international communications of Americans inside the United States, without obtaining the wiretap orders required by statute. You want to talk about abuses? I can’t imagine a more shocking example of an abuse of power, than to violate the law by eavesdropping on American citizens without first getting a court order based on some evidence that they are possibly criminals, terrorists or spies. So I don’t want to hear again from the Attorney General or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care. The government should not have the kind of broad, intrusive powers in Section 215 – not this government, not any government. And the American people shouldn’t have to live with a poorly drafted provision that clearly allows for the records of innocent Americans to be searched and just hope that the government uses it with restraint. A government of laws doesn’t require its citizens to rely on the good will and good faith of those who have these powers – especially when adequate safeguards can be written into the laws without compromising their usefulness as a law enforcement tool.