Wednesday, April 06, 2005

Opposition to Patriot Act Grows

With the Patriot Act coming up for renewal at the end of 2006, civil libertarians are revving up their campaign to either stop that from happening or make significant alterations that bring it back into line with the Constitution.

Some of the controversial aspects of the current bill include: unlimited federal access to medical records, library records, school records, video store rental records, credit reports, limited restrictions on wiretaps, electronic eavesdropping, surveillance without due cause, reduced reasons for search warrants, pen/trap orders (written phone tap orders) and subpoenas with limited veto power from the judge. All they have to do is tell the judge that the person is a suspect under the auspices of the Patriot Act and BOOM! The investigators can take a liberal interpretation of Constitutional protections. They can also "sneak and peek" (secretly enter a house, look around for what they want, without a warrant) under the current Patriot Act.

The Patriot Act has already been abused by the FBI. It's been used to charge people with crimes who would be better charged under prior laws. Take for example the multiple cases of lasers being fired at aircraft cockpits from the ground as the aircraft were taking off or landing.

Instead of charging the individual with crimes such as interfering with a flight crew, public endangerment, negligence and so forth, the FBI used the Patriot Act. In the first case, they admitted that there was no terrorism involved, but the man's actions were "foolhardy and negligent." (Here's that story.)

The man involved was also not under investigation for terrorism beforehand, as the Patriot Act was intended for. He may well get off for his stupidity and for the FBI misusing the Patriot Act. The penalties under the other laws are more severe than violations of the Patriot Act in that case.

It should be noted that five state governments and 375 communities in 43 other states have passed anti-Patriot Act measures to register their displeasure with the Act.

The new Attorney General wants it renewed in its entirety (here's that part of the story), but that's not a smart idea. The government is already taking liberties with it's new power to fight terrorism.

A government having that much power available and is as secretive as this one is something to be feared and should be denied further power UNLESS there is a checks-and-balances system to correct abuses.

Either change it or get rid of it.

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