December 7, 2005 4:12 PM PST
Patriot Act may be renewed without reforms
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Sen. Arlen Specter, the Pennsylvania Republican who has been a point person during this year's debate over the fate of the complex and controversial law, said Wednesday that he and his counterparts in the House of Representatives have agreed to a deal that could pave the way for reauthorization of the Patriot Act by next week.
After reaching an impasse with House Republicans who held out for a longer seven-year renewal, Specter said he asked President Bush to intervene. "The vice president helped out a little yesterday and after a lot of haggling, I signed the conference report at 9:00 p.m.," Specter said in a statement sent to CNET News.com. "They brought it to my house."
But a band of six Democratic and Republican senators--who lodged strong objections to the draft conference report prepared last month--is likely to block a vote unless their concerns about privacy and overly broad surveillance are addressed. Sen. Russ Feingold, a Wisconsin Democrat and member of the group, said through a spokesman on Wednesday that he had not reviewed the final text.
Patriot Act's e-surveillance
Only 16 sections of the massive law, enacted in October 2001, are set to expire on Dec. 31. Five deal with electronic surveillance and computer crime:
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 Carnivore-like surveillance device with spy agencies. Previously, there was no explicit authorization for such data sharing.
Sec. 212: Internet providers and other communications providers can divulge information to police more readily. Specifically, 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 business if the FBI claims a link to terrorism. The unlucky recipient of the secret order is gagged; disclosing its existence is punishable by a prison term.
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.
Of the 16 portions of the massive law that are set to expire, five deal with electronic surveillance and computer crime. Those permit secret court orders that the FBI can use to obtain business records; authorize more information sharing between Internet providers and police; and list computer hacking as an offense granting increased eavesdropping authority.
One important but unanswered question is how much support the group of six senators can muster among their colleagues. At a press conference last month, the group called for reforming portions of the Patriot Act that deal with library and other business record acquisitions, secret "National Security Letters" that have been used against Internet service providers, and delayed search warrants that permit police to secretly enter a home and notify the person weeks or months later.
Specter's office did not make the text of the final bill available. But according to interviews with staffers and lobbyists, not one of those three changes has been made.
Tim Edgar, a legislative counsel for the American Civil Liberties Union, said Specter's announcement was "designed to put a lot of pressure on the Senate to go along with an extremely flawed conference report. We'll see if they bite."
The group of six includes Democrats Richard Durbin of Illinois and Kenneth Salazar of Colorado; and Republicans Lisa Murkowski of Alaska; Larry Craig of Idaho; and John Sununu of New Hampshire. They backed a Patriot Act reform plan, called the Safe Act, that is still stuck in committee.
One person who likely will wield strong influence over whether Democratic senators side with the Bush administration or the group of six is Vermont Sen. Patrick Leahy, who spent Wednesday conferring with members of his party. "I'm anxiously awaiting an answer," Specter said. (Leahy's office said late in the day that no decision had been made.)
Bush has repeatedly called for a full renewal of the Patriot Act, regularly lacing speeches with phrases like: "Our law enforcement needs this vital legislation to protect our citizens." The White House is expected to increase the pressure on Republican senators not to defect to the group of six.
As a way to twist arms, House Republicans are expected to schedule a vote before Christmas, which would let them and the Bush administration characterize the Senate as obstructionist. A spokesman for the House Judiciary Committee said a floor vote had been anticipated for Thursday but has been delayed: "It won't be on the floor tomorrow. That was our hope earlier today, but it's not going to happen."
History of controversy
From the time a preliminary version was introduced in the Senate days after the Sept. 11, 2001 terrorist attacks, the Patriot Act has been dogged by controversy.
When the final vote was held the following month, members of Congress were required to vote on the bill without a lot of time to read it. The measure "has been debated in the most undemocratic way possible, and it is not worthy of this institution," Rep. Barney Frank, D-Mass., said at the time. Rep. Ron Paul, R-Texas, added later: "Almost all significant legislation since 9/11 has been rushed through in a tone of urgency with reference to the tragedy."
Even though the Patriot Act was approved by overwhelming majorities in both chambers of Congress, some legislators voted for it with the understanding that key portions would be revisited in 2005. Early this year, the Senate and the House of Representatives began a series of hearings on the law.
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30 comments
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Any true patriot would object to this bill--the whole thing, not just the parts outlined in this article.
If we give up just one freedom, just one of our rights, no matter how insignificant, we have already lost the fight.
Congratulations to the Republicans bave enough to take a stand against this bill.
Infact this bill has proved to work against terroism, so much that Tony Blair is trying to pass something like the patriot act after the subway bombings.
Our best hope at this point is that the incompetency of our government will protect us from its actions.
Ben Franklin once said that those who would trade liberty for security deserve neither!
1. The US locks up a higher percentage of its citizens than any other country on earth.
2. "US drug policy is in a state of moral and humanitarian crisis, shaming us before history: Half a million nonviolent drug offenders clog our prisons and jails. Mandatory minimum sentences and inflexible sentencing guidelines condemn numerous low-level offenders to years or decades behind bars, often based solely on the word of compensated, confidential informants." (from the archives of DrCNet.) The Patriot Act is being used daily to prosecute these citizens.
3. Our government has created a legal juggernaut that destroys almost all those who are entrapped in its machinations.
We are in the path of a group of power hungry individuals that will stop at nothing to achieve their goals.
Since the advent of data processing, I hold little hope that the individual has the power to effectively protest without consequence.
Our Government is only as strong as we (the people) allow it to be.
to suffer until they snap and overthrow the
government, or the country is invaded by someone
that's the lesser of two evils.
It's the former that gave birth to the USA, and
may ultimately be the one that sees it replaced.
It is the enforcers of all the enormous number of government laws and regulations who are the real creators of harm. Without such enforcers - people willing to initiate force on others - and those who directly support them, the legislators in Congress (and their equivalent in every state, county and town in this country and others) are powerless. They could issue laws, decrees, edicts, etc. until the paper stood miles high, but without the enforcers no one would be harmed - unless crushed by the falling pile of paper.
My strong recommendation is to have no voluntary association with government enforcers and their direct supporters - employees of all policing agencies, taxing agencies, regulatory agencies. Deal with such people only when it cannot be avoided. Don't include them as friends and close associates and let it be known why you are doing so - enforcers of the state are its power and you do not agree or support the initiation of force at home or abroad. To do otherwise is to be in contradiction with one's stated goals. I (and husband Paul Wakfer) call this social preferencing (also known as discrimination) - a wise and useful practice both against and for association with individuals based on their actions and ideas. See "Social Preferencing - Evaluation and Choice of Association; A Method for Influence" <a class="jive-link-external" href="http://selfsip.org/focus/preferencing.html" target="_newWindow">http://selfsip.org/focus/preferencing.html</a>
**Kitty Antonik Wakfer
MoreLife for the rational - <a class="jive-link-external" href="http://morelife.org" target="_newWindow">http://morelife.org</a>
Reality based tools for more life in quantity and quality
Self-Sovereign Individual Project - <a class="jive-link-external" href="http://selfsip.org" target="_newWindow">http://selfsip.org</a>
Rational freedom by self-sovereignty & social contracting
"No man's life, liberty, or property are safe while the legislature is in session." --Mark Twain (1866)
has paraphrased a number of statements of nazi
leaders in his speeches. You wouldn't have seen
the KGB stoop that low.
corrupt and incompetent governments this country
has ever seen. Partisans would like to point the
finger at the otehr guy, but, honestly it's a
bipartisan phenomenon.
The GAO had issued a report a while back that
had pointed out that the current administration
has classified a much higher proportion of
documents than any that has preceded -- even in
a time of war, and that the majority of those
documents could not be reasonably assumed to
contain any information related to national
security. The conclusion was that the majority
of classified material was so designated simply
to avoid public scrutiny and accountability.
I've never really seen the mainstream press put
any focus on the rapid decline in government
accountability, renewed cronyism, mercantilism,
or even the emerging trend towards censorship of
public records and astroturfing (both foreign
and domestic) propganda is touched on now and
again but never made a big deal of. Even when
"independent news" reports written by
politicians to bolster their causes precipitate
a lawsuit, it's swept under the table in the
press almost as soon as it comes out.
I can only conclude that people don't care.
Perhaps where ignorance is bliss, it is folly to
be wise. Perhaps that's why we've elected the
gaggle of buffoons we have today. The best the
rest of us can hope for is that we earn enough
money that we can buy one before we become
desaparacidos.
It appears that our government has failed in the defense of liberty, and blurred it by talking about the "war on terrorism", a war which is akin to the war on drugs, no achievable goal, no time table, and no limits on the power of government. That leaves it to the people to defend our liberty and remind those in charge that the power lies and always has lain with us, the people.
General appointed by Hillary Clinton?"
Imagine large numbers of current government enforcers resigning their positions because significant numbers of others will not freely associate with them otherwise. The influencing power of discriminating against people whose actions are unacceptable is greater than most realize. See "Social Preferencing - Evaluation and Choice of Association; A Method for Influence" <a class="jive-link-external" href="http://selfsip.org/focus/preferencing.html" target="_newWindow">http://selfsip.org/focus/preferencing.html</a> It is only in today's society where tolerance is preached as a virtue that evil - initiation of force - is allowed to roam freely and be accepted as necessary, guised as social order: government.
See related post on this subject. <a class="jive-link-external" href="http://news.com.com/5208-1028-0.html?forumID=1&threadID=12140&messageID=92780&start=-180" target="_newWindow">http://news.com.com/5208-1028-0.html?forumID=1&threadID=12140&messageID=92780&start=-180</a>
**Kitty Antonik Wakfer
MoreLife for the rational - <a class="jive-link-external" href="http://morelife.org" target="_newWindow">http://morelife.org</a>
Reality based tools for more life in quantity and quality
Self-Sovereign Individual Project - <a class="jive-link-external" href="http://selfsip.org" target="_newWindow">http://selfsip.org</a>
Rational freedom by self-sovereignty & social contracting
Here is a tidbit:
"We have sworn to you once,
But now we make our allegiance permanent.
Like currents in a torrent lost,
We all flow into you.
Even when we cannot understand you,
We will go with you.
One day we may comprehend,
How you can see our future.
Hearts like bronze shields,
We have placed around you,
And it seems to us, that only you can reveal God's world to us."
This poem ran in an in-house magazine published by Ford Motor Company's German subsidiary in April of 1940. Titled "Fuhrer," the poem appeared at a time when Ford maintained complete control of the German company and two of its top executives sat on the subsidiary's board.
The list goes on. Simply put, "Power corrupts. Absolute power corrupts, absolutely."