When the USA PATRIOT Act was enacted in 2001 it included multiple sunset provisions. Parts of the Act were reauthorized in 2005 and 2006. Congress is again revisiting the Act as three provisions are set to expire.
The three provisions set to expire are:
1. The Records provision. This allows federal investigators with a court order to compel anyone to hand over "any tangible thing" showing "relevance" to a terrorist investigation from all business, hospitals, and some libraries. According to the U.S. Attorney General's office, there have been 220 such orders issued, but no major case to date has transpired because of information procured from them.
Both the Senate and the House bills renew the provision, but remove that presumption of "relevance" so that the burden of proof falls on the government to report facts and circumstances justifying what the items sought have to do with an investigation. A higher threshold of proof is specified for library circulation records and patron lists in both bills, but the House goes further to add booksellers to that group.
2. The Roving Wiretaps provision. The provision authorizes authorities to track a target by wiretapping any multiple lines of communication without specifically naming a target or what kind of communication they're using to the FISA (Foreign Intelligence Surveillance Act) courts issuing the warrant. The FISA court grants about 22 such warrants annually, according to a government document.
The House bill renews the roving wiretaps, but puts more restrictions on the government proving an unnamed target as a specific individual to prevent dragnet operations. The Senate leaves the provision as is.
3. The Lone Wolf provision. This provision allows authorities to make use of secret surveillance orders to spy on non-Americans if there is proof that they are engaged in a terrorist activities, but not necessarily involved with a terrorist organization or foreign power. The Lone Wolf provision has never been used.
The Democrats on the Senate Judiciary Committee, at the President's urging voted to reauthorize the provisions. The Democrats in the House are attempting to narrow the provisions of the act.
With full support from the Obama administration, the Senate Judiciary Committee passed a bill last month reauthorizing the law that has in recent years sparked much controversy over rights to privacy protected under the Constitution, with some minor tweaks.
But House Democrats in the Judiciary Committee went much further reigning in executive authorities and raising the threshold of proof needed to legally seize Americans' personal records and conduct wiretaps on their phones. It also slapped on more restrictions, and required more government auditing, and reporting showing how the process could be modified to enhance civil liberties.
"We have the opportunity to fix the most extreme provisions of that law and provide a better balance," said Rep. John Conyers, Jr., D-Mich., who introduced the House bill, which allows one provision of the Patriot Act to expire.
I'll leave it to you to decide where the right balance is between national security and the provisions of the Patriot Act, but at the very least I encourage you to stay on top of this story.
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