The Patriot Act and Philadelphia: what Reauthorization means to you

Today, Congress took up Bill 3199: USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005. Most Americans recognize that we will almost certainly be subjected to further terrorist attacks. So the reauthorization of the Patriot Act, particularly in the light of the recent London bombings, must be a good deal.

Well, yes and no. Life is seldom perfectly simple. From Patriots to Restore Checks and Balances to the ACLU, many Americans have called for specific provisions of the Patriot Act to be modified. (Not, as falsely claimed, for the Patriot Act to be repealed).

One of those rogue provisions, debated in the House today, is Section 215 which greatly expands the the FBI's power to spy on American citizens. I do not use the term "spy" lightly.

For example, let's say you are the subject of a Section 215 investigation.

• Does the FBI have to show probable cause, or even reasonable grounds to believe, that you were involved in criminal activities? No. One more time, that's "No."
• Does the FBI even need suspicion that you are an agent of a foriegn power or associate with members of a terrorist organization? No. Again, that's "No."

Now, under Section 215 the FBI obtains not only your business records but in fact "any tangible things"--from "library records, bookstore and other commercial purchase records, medical records, psychiatric or psychological therapy records, education records, genetic records, insurance records, travel records" and more.

• Does the FBI have to notify you, American citizen and resident of Philadelphia? No.
• Likewise, obviously and under penalty of law, your doctor or banker can't tell you that you are under surveillance.

Let's review that quickly. As the Patriot Act now stands, the FBI can investigate you without probable cause, or even reasonable grounds to believe, that you are a criminal or involved with terrorism. Furthermore, you'll never know unless the FBI wants you to.

In turn, the FBI has access to "any tangible things" related to you. Just consider this fact sheet (PDF, 130k): Health, Finance, Guns, Religion and Library. Do you really want all this information about you stored in a government database?

Many Americans, politically right left and center, believe that Section 215 and just a few other rogue provisions of the Patriot Act violate the 4th Amendment.

We want these provisions modified--not the Patriot Act repealed. Just specific checks and balances restored. Al Qaeda should not be allowed to accomplish what two World Wars and one Civil war failed to do: the slow but sure erosion of American liberty. The fears and ignorance of this moment should not undo over two hundred years of increasing liberty, progress and freedom for all Americans.

Congress thus far, my fellow Philadelphians, has not served us well. House Bill 3199, which reauthorizes the Patriot Act, fails to check the dangers of Section 215 and the few other rogue provisions.

What can we do? Philadelphia was the nation's first--and some would say, still best--capital. The Declaration of Independence was signed here. The Constitution ratified here. We have both the tradition and the responsibility to uphold rights and liberties even and especially in a time of war. (Okay, that's laying it on a little thick--but you get my point).

Since the ACLU has been heavily involved in fighting the excesses of the Patriot Act, I spoke with Larry Frankel, a Philly resident and the Legislative Director for the ACLU of Pennsylvania.

Let me relate (done with his permission) what Larry had to say:

Even though the US House of Representatives is currently debating its version of legislation reauthorizing the USA Patriot Act, there is still a long way to go. Those of us who have been working for significant reform of the Patriot Act have always known that we have a better chance in the Senate. Therefore, it is vital and critical for anyone who wants to see the Patriot Act fixed to call both of our United States Senators in Washington, D.C. Tell them you want to see the Patriot Act fixed, that you want meaningful judicial and Congressional oversight and that you want checks and balances restored. You don't need to know all the specifics of what is going on with the various bills. What you do need to do is express your passion and commitment to liberty. That is a message the staffers will understand and can convey to their bosses.

Let me add, however, that those "specifics" are often only a click away.

Larry Frankel further remarks:

Don't let anyone fool you into thinking that recent events in London have made it impossible to achieve some significant gains. There is no proof that any of the powers in the Patriot Act can stop clever and creative people who are intent on causing harm. There is proof, however, that law enforcement has and will misuse the powers given to them in the Patriot Act.

On this last point, I'll assume that Larry Frankel would recommend Myths and Realities About The Patriot Act.

Since Philly Future is all about blogs, however, let me recommend the recently launched though long overdue Reform the Patriot Act Blog.

Most importantly, however, let me encourage all citizens of Philadelphia to contact our Senators from Pennsylvania.

Arlen Specter

E-mail: Web Form
Phone#: (202) 224-4254
Address:
United States Senate
711 Hart Senate Office Building
Washington, District of Columbia 20510-0001

Rick Santorum

E-mail: Web Form
Phone: (202) 224-6324
Address:

United States Senate
511 Dirksen Senate Office Building
Washington, District of Columbia 20510-0001

Thank you for your time and attention.