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- On December 31, 2009, three provisions of the Patriot Act will sunset. This is the perfect opportunity for Congress to examine all of our surveillance laws and amend those that have been found unconstitutional or have been abused to collect information on innocent people, including last year's changes to the Foreign Intelligence Surveillance Act (FISA) and the Attorney General Guidelines (AGGs).
Despite the many amendments to these laws since 9/11, congress and the public have yet to receive real information about how these powerful tools are being used to collect information on Americans and how that information is being used. All of these laws work together to create a surveillance superstructure – and Congress must understand how it really works to create meaningful protections for civil liberties.
The ACLU's recent report, Reclaiming Patriotism, provides more information on parts of the Patriot Act that need to be amended.
- * National Security Letters (NSLs). The FBI uses NSLs to compel internet service providers, libraries, banks, and credit reporting companies to turn over sensitive information about their customers and patrons. Using this data, the government can compile vast dossiers about innocent people. Government reports confirm that upwards of 50,000 of these secret record demands go out each year. In response to an ACLU lawsuit (Doe v. Holder), the Second Circuit Court of Appeal struck down as unconstitutional the part of the NSL law that gives the FBI the power to prohibit NSL recipients from telling anyone that the government has secretly requested customer Internet records.
* Material Support Statute. This provision criminalizes providing "material support" to terrorists, defined as providing any tangible or intangible good, service or advice to a terrorist or designated group. As amended by the Patriot Act and other laws since September 11, this section criminalizes a wide array of activities, regardless of whether they actually or intentionally further terrorist goals or organizations. Federal courts have struck portions of the statute as unconstitutional and a number of cases have been dismissed or ended in mistrial.
* FISA Amendments Act of 2008. This past summer, Congress passed a law to permit the government to conduct warrantless and suspicion-less dragnet collection of U.S. residents' international telephone calls and e-mails. This too must be amended to provide meaningful privacy protections and judicial oversight of the government's intrusive surveillance power.
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Comments
#1 Let the Vassal Control Act Sunset on 12/31/2009
Fine article, John. The "Patriot" Act is a hidden slavery act passed by a panicked congress scared out of their wits who disengaged their brains and gave up their rights to govern this country and our constitutional rights to a dictatorial executive branch.
Sorry to be a pessimist, but I don't think Congress has the guts and backbone required to stand up to the Obama controllers to restore our country to the full power of the Constitution and Bill of Rights . [There are a precious few in Congress who possess the character to get this done, but are overpowered by the scumbags in the majority.] [ All my opinions.]
#2 You're right Scribbler
But the "leadership" on both sides of the aisle in Congress and the Presidency have known exactly what they've wanted for years
Here's what they wanted after Oklahoma City, but got stopped by pesky civil libertarians, and later got included in the Patriot Act
And here's how they did it legislatively with FISA
Through a glass darkly
Through a Glass Darkly continued ... follow the bouncing ball. (Do NOT click if you are a "yellow dog" Democrat)