Feds uncloak the Patriot Act

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expiring portions of the law, the FBI will be forced "to fight the war on terror with one hand tied behind our backs." He also called on Congress to expand the Patriot Act, saying that the subpoena power of the FBI should be expanded to "provide the government with an enforcement mechanism which currently does not exist."

While the FBI and the Department of Homeland Security have provided anecdotal information about the law's use, some politicians have grown frustrated with the lack of detailed information.

Shrinking Patriot Act?

Most of the Patriot Act will not automatically expire. A sampling of the 16 sections that are scheduled to disappear on Dec. 31:

Sec. 202: Computer hacking is a "predicate offense" permitting police to seek certain types of wiretaps.

Sec. 203: Federal police can share information gleaned from a wiretap or a Carnivore-like surveillance device with spy agencies. Previously there was no explicit authorization for such data sharing.

Sec. 212: Internet providers and other communications services can divulge information to police more readily. Customer records and other data may be legally handed over to police in an emergency.

Sec. 215: secret court orders can be used to obtain records or "tangible items" from any person or organization if the FBI claims a link to terrorism. The unlucky recipient of the secret order is gagged; disclosing its existence is punished by a prison term. Librarians are especially concerned.

Sec. 217: Computer service providers may eavesdrop on electronic trespassers legally. Police can be authorized to "listen in" on what's happening on the provider's network.

An analysis (PDF file) released by Sen. Jon Kyl, an Arizona Republican, last month said: "Requests to the Department of Justice to provide a comprehensive report assessing the effect and efficacy of the 16 provisions of the Patriot Act subject to 'sunset' remain unfulfilled. Such a report is a critical element in (Congress') responsibility to provide meaningful oversight before determining whether to change the law with respect to these provisions."

"The lack of information on how the Patriot Act provisions that expanded investigative authority are being used makes it very difficult to understand whether they're necessary or whether they're being abused," said Marcia Hofmann, an attorney at the Electronic Privacy Information Center, who filed a freedom of information request with the FBI last month seeking those figures.

Sneak-and-peek
One portion of the Patriot Act that does not expire lets police surreptitiously enter and search a home or office without notifying the owner. That has reportedly been invoked 108 times during a 22-month period stretching from October 2001 through April 2003.

"Delayed-notification search warrants are used in a wide spectrum of criminal investigations, including those involving terrorism and drugs," the Justice Department said in a statement. "Like any other search warrant, delayed-notification warrants under section 213 may only be issued after showing probable cause and obtaining the express approval of a judge."

Section 213 of the Patriot Act authorizes so-called sneak-and-peek entries in cases where alerting someone that a surreptitious search took place may have an "adverse result" on a police investigation. Eventually the owner of the home or office is supposed to be notified, though the law says that deadline can be "extended" without limit if police make a good case for it. Sec. 213 is not scheduled to expire.

Even though the Patriot Act was enacted as a response to the threat of terrorism, Section 213's powers are not limited to investigations of terrorists or spies. Instead, sneak-and-peak searches may be used to

[DemiHampster]

Ben Franklin said it best

Any society that would give up a little liberty to gain a little
security will deserve neither and lose both.
Benjamin Franklin

[aroyce]

You are correct

Unfortunately, most Americans have no clue about their own history let alone the history of the world. Someday we will wake and wonder what happened and how big brother got to be so big and mean...and it will be completely our own fault for being asleep.

[Andrew J Glina]

Little

Depends on your definition of the word I suppose. Even so, using 200 year old quotes to reflect on today is a bit suspect. Who knows what an impressive man like Benjamin Franklin would think of todays world?

Yeah but.....

In this case, it is the INDIVIDUAL that is giving up a little liberty, in order for SOCIETY to gain a little security.

Having spent the first 2/3rds of my life in England, before spending the last 1/3rd of my life in the US & becoming a (proud) first generation American, I have noticed many people placing individual freedoms ahead of the best interests of society. There are times when you just gotta take one for the team.

That having been said, I think the "Patriot" Act is a clusterfork.

[pcLoadLetter]

Scary

That a federal agency could use measures that goes against everything the constitution and bill of rights stands for is more scary then 1000 wannabe bin ladens.

[NWLB]

I love the Patriot Act.

I love the Patriot Act. I say this of my own free will. I love the Patriot Act. I say this of my own free will. I love the Patriot Act. I say this of my own free will. I love the Patriot Act. I say this of my own free will. I say this of my own free will. I say this of my own free will.

In loyalty to the state I am.....

NWLB ;)
http://www.NWLBnet.blogspot.com

[Stating]

Raymond, Listen To Me

Raymond. Let's play a game of solitaire. What card do I have in my hand here? The Queen of Hearts. The Queen of Hearts. The Queen of Hearts.

[Stating]

Disinformation Is A Much Bigger Problem

The insertion of disinformation into all media via planted stories, anonymous leaks, and reporters on the payroll is a much bigger problem. If you control the access points -- the gatekeepers, you control everything. This has been going on for a very long time here, it's down to a science.

Recently, ABC News ran a special on UFOs. The most useful thing they reported is that Project Blue Book was hatched to explictly discredit any and all UFO stories. There was a pretense of objectivity, by finally even Hynek figured out what a sham it was. He was paid for 20 years to explain away everything unexplainable as swamp gas or weather balloons.

Then of course there is the recent massive Iraq WMD deception. We are supposed to believe that it was all just a mistake by incompetant Intell bureacrats. Leading up to the war, there were estimates from Intell that Iraq had "thousands of tons" of chemical weapons. Think of it. Thousands of tons.

Makes you long for the days of Nixon, when crooks were REAL men.