Right-Left Call For Modest
Corrections to the Patriot Act, Simple Fixes To Bring Controversial Act Back in
Line with Constitution
September 22, 2004
FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON - The American Civil Liberties Union today
renewed its call for corrections to be made to the Patriot Act to bring it back
in line with the Constitution, and urged Congress to reject measures that would
further expand upon the Act. That sentiment was echoed today by members of the
Senate Judiciary Committee - from both parties - and a Republican former member
of Congress.
The ACLU has endorsed the bipartisan "Security and
Freedom Ensured Act," (S. 1709/H.R. 3352), sponsored by Senators Larry
Craig (R-ID) and Richard Durbin (D-IL), who spoke before their colleagues on
the Judiciary Committee. The SAFE Act would make modest, but crucial, changes
to the powers granted under the Patriot Act - giving law enforcement access to
the tools they need to fight terrorism, but also protecting against abuse of
those powers - and expands the Patriot Act's sunset provisions.
In his testimony before the Committee, former Republican
Congressman Bob Barr commented on the SAFE Act, saying that, "I think is
an excellent first step in any move to rein in the Patriot Act. It amends
certain Patriot Act provisions to add safeguards against abuse, such as some
judicial review, and expands the sunset provisions to include other problematic
sections that escaped notice in the original bill." Noting that the SAFE
Act would preserve personal freedoms, and is narrowly construed, Barr gave the
measure "a passing grade."
The SAFE Act would permanently narrow the hot-button
"sneak and peek" powers, which allow federal agents to search
Americans' homes without notifying them for an indeterminate period. It would
also restore key privacy protections for "roving wiretaps."
Regarding arguably the most controversial Patriot Act
provision, section 215, which allows the FBI to obtain Americans' medical,
business, library and even genetic records without probable cause, the SAFE Act
would preclude investigative fishing expeditions by requiring some
individualized suspicion that the targets of the order have some connection to
a foreign government or organization. The ACLU is involved with litigation
challenging the constitutionality of that power.
The ACLU also warned against further expansion of the
Patriot Act's powers, noting that a thorough review of the current powers has
yet to happen. To date, 356 communities, encompassing nearly 55 million
Americans nationwide have passed resolutions asking Congress to revisit the
Patriot Act and oppose any further expansion of the law. Support for the SAFE
Act comes from a diverse section of groups, including the American Conservative
Union and the American Jewish Committee - an organization that had supported
the Patriot Act.
"Congress should not expand the Patriot Act without a thorough examination of its effectiveness," said Laura W. Murphy, Director of the ACLU Washington Legislative Office. "The Justice Department has been less than forthcoming on its use of these new powers, raising questions on what rights have been compromised. We have strong bipartisan support to fine tune the Patriot Act to both give law enforcement the tools they need and protect our fundamental freedoms."