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Justice Dept. Touts New Civil Liberty Safeguards in Patriot Act

By Robert Longley, About.com

UPDATE: The Patriot Act won congressional reauthorization in March 2006.

Fighting for the survival of its mainline terror-fighting law, the U.S. Department of Justice has informed the U.S. Senate of what it calls “significant civil liberties safeguards” added to the latest version of the USA Patriot Act.

Unless the Senate acts to extend them, 16 key provisions of the Patriot Act will expire on December 31, 2005.

Passed in the tumultuous days after the Sept. 11, 2001 terrorist attacks, the Patriot Act has come under constant criticism for going too far in allowing the government to infringe on the rights, freedom and privacy of individuals. The Bush administration has consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law adequately protects civil liberties.

While the bill to extend the Patriot Act passed in the House of Representatives, it stalled in the Senate, when it was disclosed that President Bush had authorized the non-court ordered electronic surveillance of persons suspected of terrorist activity. Four years ago, the Senate approved the original Patriot Act by a vote of 98-1.

According to the Department of Justice, the Patriot Act has a four-year track record with no verified civil liberties abuses, and the version of the Act now before the Senate contains “more than 30 new significant civil liberties safeguards,” including:

  • Adds four year sunsets (expiration dates) on three provisions: section 206, which authorizes (FISA) multipoint (“roving”) electronic surveillance; section 215, which amended the FISA’s business records provision; and the “lone wolf” provision from the Intelligence Reform and Terrorism Prevention Act of 2004.

  • Adds significant new safeguards to section 215 -- court orders. Specifically it: requires high-level approval for requests for sensitive categories of records such as library records and medical records; clarifies the appropriate standard for obtaining such an order; explicitly allows a judge to deny or modify an application; requires the use of so-called “minimization procedures” to limit retention and dissemination of information concerning United States Persons and protect privileged documents; explicitly clarifies that a recipient may disclose receipt to an attorney or others necessary to comply with the order; provides explicitly for judicial challenges to any section 215 order; for the first time requires public reporting of the number of section 215 orders; requires additional and specific classified reporting to congressional overseers; and requires the Inspector General to conduct an audit of each Justice Department use of section 215.
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