Some facts about the Patriot Act:
Just 45 days after the September 11 attacks, with virtually no debate,
Congress passed the USA PATRIOT Act. There are significant flaws in the
Patriot Act, flaws that threaten your fundamental freedoms by giving the
government the power to access to your medical records, tax records,
information about the books you buy or borrow without probable cause,
and the power to break into your home and conduct secret searches
without telling you for weeks, months, or indefinitely.
THE GOVERNMENT CAN …
1 SEARCH YOUR HOME AND NOT EVEN TELL YOU.
The USA PATRIOT Act allows the law enforcement to conduct secret
“sneak and peek” searches of your home. Investigators can enter your
home or office, take pictures and seize items without informing you that
a warrant was issued for a very long time – if ever. (SECTION 213)
2 COLLECT INFORMATION ABOUT WHAT BOOKS YOU READ,
WHAT YOU STUDY, YOUR PURCHASES, YOUR MEDICAL
HISTORY AND YOUR PERSONAL FINANCES.
The USA PATRIOT Act gives law enforcement broad access to any types of
records – educational, medical, financial, sales, library, etc. – without
probable cause of a crime. It also prohibits the holders of this
information, like librarians, from disclosing that they have produced such
records, under the threat of jail time. While a court order is required to
obtain the information, the Act requires that a judge rubber stamp such
orders. (SECTION 215)
3 LABEL YOU A “TERRORIST” IF YOU BELONG TO AN
ACTIVIST GROUP.
The USA PATRIOT Act broadly expands the official definition of terrorism.
Many domestic groups that engage in certain types of civil disobedience
could very well find themselves labeled as terrorists. (SECTIONS 411, 802)
4 MONITOR YOUR E-MAILS AND WATCH WHAT INTERNET
SITES YOU VISIT.
The USA PATRIOT Act permits the government to monitor Internet traffic
and e-mail communications on any Internet service provider without
probable cause by obtaining detailed “routing” information like a web
address. While this provision is supposedly aimed at lawbreakers, it
sweeps broadly because e-mails and Internet traffic information of
innocent individuals cannot be separated from the activity of targeted
individuals. (SECTION 216)
5 TAKE AWAY YOUR PROPERTY WITHOUT A HEARING.
The USA PATRIOT Act allows the government to seize the assets of an
individual or organization without prior notice or hearing if the
government says that they have engaged in or are planning an act of
“domestic terrorism.” Under this law, the government could effectively
bankrupt an organization with which it disagrees. (SECTION 806)
6 SPY ON INNOCENT AMERICANS.
The USA PATRIOT Act permits a vast array of information gathering on U.
S. citizens to be collected and shared with the CIA (and other non-law
enforcement officials) without proper judicial oversight or other
safeguards. This law effectively puts the CIA back in the business of
spying on Americans. (SECTIONS 203 AND 901)
7 PUT IMMIGRANTS IN JAIL INDEFINITELY.
The USA PATRIOT Act permits indefinite incarceration of immigrants and
other non-citizens without the government having to show that they are,
in fact, terrorists. (SECTION 412)
8 WIRETAP YOU UNDER A WARRANT THAT DOES NOT EVEN
HAVE YOUR NAME ON IT.
The USA PATRIOT Act changes the nature of warrants for wiretaps by
requiring judges to approve a wiretap without knowing neither who is to
be tapped, nor where it is to be placed.
(SECTION 216)
Recent news on the Patriot Act:
In late July, Senate passed Patriot Act reauthorization without floor
debate, and while the ACLU says the bill takes good first steps, the Act
remains flawed. The measure was adopted by unanimous consent - a
procedural move that means no vote was taken, and no debate was held.
The Senate Judiciary Committee previously approved the bill.
The following can be attributed to Lisa Graves, ACLU Senior Counsel for
Legislative Strategy:
"This good faith effort made by Senators, while imperfect, is a good
starting point, and is vastly better than its counterpart passed by the
House. Although the ACLU was unable to endorse the final bill, it contains
some provisions mindful of the Bill of Rights, and does not include such
broad and unnecessary powers like administrative subpoenas.
"It would appear that the voices of millions of Americans were heard by
the Senate. Nearly 400 communities around the country have passed
resolutions calling for the Patriot Act to be brought in line with the
constitution by restoring proper checks and balances. As the House and
Senate bills go to conference, we urge lawmakers to use the Senate bill
as a guide to heed this call for freedom."
Action You Can Take:
Urgent Action Needed: Speak Out of Behalf of Those Gagged by Patriot
Act in New ACLU Lawsuit
The ACLU is representing a member of the American Library Association
in a challenge to the constitutionality of "national security letter"
authority, which was expanded by Section 505 of the Patriot Act. Their
lawsuit also seeks an emergency court order to lift the gag so that the
client can participate in the public debate about the Patriot Act as
Congress prepares to reauthorize and amend it in September.
Due to the Patriot Act, the client, a Connecticut institution which maintains
records about books borrowed by library patrons and about their Internet
usage, was ordered by the FBI to produce sensitive records without any
judicial approval.
If you agree that secret searches and the powers of the Patriot Act go too
far, take action today! The congressional debate expected this
September will be the last chance this year to make needed reforms to
the Patriot Act to help bring it back in line with the Constitution.
Contact your Senators and/or your representative and let your voice be
heard.
