A proposed congressional compromise on the expiring Patriot Act eliminates too many of the civil liberties protections that we had hoped to see reinstated, and we support a bipartisan effort (which includes Sen. Ken Salazar) to block final passage unless safeguards are reinstated.
Congressional negotiators approved a compromise deal on the Patriot Act late Wednesday that limits FBI subpoena power and requires the Justice Department to more fully report its secret requests for information. But many worrisome parts of the law would remain intact.
The police powers given the executive branch after the Sept. 11 terrorist attacks were too broad and created the potential for abuse of fundamental liberties.
In July, the Senate unanimously passed a compromise version, sponsored by Salazar and five Senate colleagues. The measure sought to protect Americans from unnecessary and intrusive government surveillance.
The protections that Salazar and his colleagues want reinstated in the House-Senate deal include a four-year sunset of several controversial provisions, as opposed to seven years contained in the new compromise bill. They want the government to notify targets of “sneak and peek” searches within seven days after a search, rather than the 30 days in the bill. They want to ban punishment of people who disclose that they have received subpoenas known as “national security letters,” which allow the government to snoop into personal information unless there is an intent to obstruct justice. The compromise version imposes a gag order and punishment of up to one year in prison for disclosure.
The compromise also removed a Senate provision that would have mandated judicial reviews when authorities used Patriot Act powers to search financial, medical, library, school and other records.
As approved by House and Senate negotiators, most provisions of the existing Patriot Act would be made permanent. The new seven-year sunsets would cover rules on wiretapping, obtaining business records and new standards for monitoring “lone wolf” terrorists operating independent of a foreign agent or power.
We’re glad to know that Sen. Arlen Spector, chairman of the Senate Judiciary Committee, is working to address some of the complaints. But time is of the essence. Lawmakers want to go home for Thanksgiving, and more than a dozen provisions of the Patriot Act expire at the end of the year unless Congress renews them. There’s still time to renew the act with appropriate protections.
