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The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
– Fourth Amendment
U.S. Constitution
The American people should be plenty worried when a federal agency
has the power to secretly creep about in the electronic lives of ordinary citizens
without warrants or even reasonable suspicion they broke a law. It’s because
of the anti-liberty USA Patriot Act, and even people who have nothing to hide
should fear the Patriot Act’s tentacles. Congress should drastically rein
in this beast.
A Washington Post story published in The Journal Gazette on Monday showed just
how diabolical the Patriot Act is. The story explained how FBI field supervisors
can issue “national security letters” demanding information without
need of a grand jury, a judge or prosecutor. There’s nothing that requires
that the facts gathered in the letter be reviewed by the Justice Department
or Congress. The FBI sends out more than 30,000 of these letters a year, and
the Bush administration doesn’t seem to be concerned by the almost unimaginable
scope of these letters.
“The executive branch maintains only statistics, which are incomplete
and confined to classified reports,” the Post found. “The Bush administration
defeated legislation and a lawsuit to require a public accounting, and has offered
no example in which the use of a national security letter helped disrupt a terrorist
plot.”
If overly complicated regulations hamstrung intelligence before the Sept. 11
terrorist attacks, the Patriot Act, as witnessed by the use of the letters,
has the opposite effect: nearly unfettered access by the FBI to information
without oversight.
Last summer, the FBI used a national security letter to compel Library Connection,
a Connecticut-based cooperative of libraries that share an automated system,
to surrender “all subscriber information, billing information and access
logs of any person” who used a specific computer at a library branch some
distance away. The company is challenging the FBI’s demand in a lawsuit
being argued in a federal appeals court.
The fear of the government snooping in the electronic lives of Americans isn’t
just coming from the left, nor is the distrust of its motives the province of
kooky conspiracy theorists. It says a lot about the depth of doubts about national
security letters when Georgia Rep. Bob Barr Jr., a devoted conservative and
former CIA analyst, the National Association of Manufacturers and the U.S. Chamber
of Commerce complained to the Senate in early October about the FBI possibly
sharing customer data with other agencies and the burdensome cost of compliance.
The Justice Department has misleadingly touted the fact that there has been
no substantiated complaint that the act was misused. Because the law allows
the FBI to search a person’s library use record without notifying the
person – and indeed makes it a crime for anyone to report the FBI conducted
the search – how can anyone know to file a complaint?
Congress is set to renew several sections of the Patriot Act due to expire
soon. It’s clear that provisions of the act are too perverse for a society
that purports to protect the privacy of citizens from unreasonable searches.
Some might be cheered that bills before the House and Senate do allow a judge
to modify national security letters, something seen as a way to mollify business
interests.
But the Patriot Act needs more than tweaks. At the very least, the law should
require that any government agent wanting to search records get a warrant signed
by a judge – just as the Constitution demands.