Patriot Act Reauthorization
Patriot Act Reauthorization
By Senator Lisa Murkowski
The United States Senate accomplished an amazing feat just before the August break. All 100 Senators agreed to a piece of legislation that reauthorizes parts of the Patriot Act set to expire at the end of this year. The ability to bring every single Senator together from across the political spectrum on such a divisive issue as the Patriot Act is not easily accomplished. I know. My first year in the Senate, I introduced legislation to modify parts of the Act and cosponsored another bill on the issue. Making headway was difficult at best.
But what the Senate passed at the end of July, the USA Patriot Improvement and Reauthorization Act, represents a tremendous step forward for those of us who have been seeking responsible changes to the Patriot Act - changes that ensure individual liberties, but also provide our law enforcement officials with the tools they need to prevent future terrorist attacks. I have heard from many Alaskans on this issue, and received numerous resolutions from city councils, boroughs, and the State Legislature. Let me assure you, your concerns were heard.
One of the most contentious provisions in the Patriot Act is Section 215, which authorizes the federal government to obtain "any tangible item" from any entity. Concerns have been raised about the government looking into an individual's library account, or checking medical records without due cause.
Under the Senate-passed legislation, the government must provide a statement of facts showing reasonable grounds why the records sought are needed to obtain foreign intelligence information. The government would need to do more than just certify it needs the information, it would need to demonstrate that need. In addition, the court order must describe tangible items with sufficient specificity to permit them to be identified - in other words, the order cannot provide for a fishing expedition. The government must know what it is looking for before a court order will be approved. Individuals are also given the right to challenge a Section 215 order in court and can consult an attorney for legal advice - rights not currently available.
Another controversial provision of the Patriot Act, Section 206, allows for roving surveillance that targets an individual instead of a set location. This allows surveillance at multiple locations. Yet, under current law, a surveillance order could be granted that does not specify either the specific individual or the specific location. The Senate bill requires that if the location for surveillance is not known, and the identity of the target is not known, then any order permitting surveillance must describe a specific target. This addresses the concern that "John Doe" roving authority might be used to monitor persons described too generically (ie: a "Caucasian male" or an "Asian woman"). An order granted under this circumstance requires a report back to the court within 10 days after beginning surveillance on why the surveillance was directed at that target.
In addition, the legislation addresses the sneak and peek issue, requiring that notice of a search must be given no later than seven days after its execution. Additional delays may be granted on a case-by-case basis only if good cause is shown (ie: notifying the target would cause them to flee or endanger a life). And the bill would require the Department of Justice to provide Congress with more information on how the various sections of the Patriot Act are being used and with what frequency.
This legislation goes a long way toward meeting the concerns expressed by Alaskans and Americans across the country, but it doesn't take away the legal authority law enforcement officials need to provide for our safety. While I wish there had been more opportunity to consider and debate the bill on the Senate floor, I hope all Alaskans will join me in encouraging the House and the President to agree to these common sense changes to the Patriot Act.
http://murkowski.senate.gov/opinion_080305.html