The Score on USA Patriot Act: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

"We've come to love our fears more than we love our freedoms," Rep. Dennis Kucinich (D-Ohio) mused on the House floor just before that chamber voted 315-97 (with 20 members not voting) to reauthorize the USA Patriot Act without any changes for yet another year.

By now, you know the stakes — the tweaks that could have been made to guarantee that Patriot powers are used only against suspected terrorists or spies and to mandate continued reporting to ensure that we actually learn about current and future Patriot abuses. Many of these fixes were, in fact, included in prior iterations of Patriot reauthorization bills introduced in both the House and the Senate.

As Rep. Jane Harman (D-Calif.) pointed out to her colleagues, "I think we are missing an opportunity. There are good ideas in this House about how to curb the abuses with national security letters, how to clarify that roving wiretaps are limited to a single identifiable target, and how to eliminate the lone wolf provision which has never been used and for which existing title III authority can suffice. Those ideas have been the subject of hearings in the Judiciary Committee, but they're not being debated on this floor . . . I think this is a real missed opportunity." [ Read more ... ]

Deceptively simple Patriot Act extension - a giant blow: Via LibraryLaw Blog.

By now you've heard that the Patriot Act provisions that were due to sunset Feb. 28, 2010 have been extended until Feb. 28, 2011. It sounds deceptively simple, a mild one-year extension.

But it's not. It undoes months, no years of work to add a few checks and balances to better extension bills. I will write up a longer post very soon, but the thrust of it is that we are stuck with an unchanged Sect. 215, often called "the library records" provision, a broad authority that doesn't require particularized suspicion.

Far worse, to my mind, is what's NOT included in this extension. Small but important reforms to the National Security Letter (NSL) provisions were riding on more favorable extension bills. The NSL provisions do not sunset, and the momentum to reform them vanishes with the straight-up one-year sunset extension.

Read Original Article:(Via LibraryLaw Blog.)

Congress Drops the Ball on Upgrading Patriot Protections: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

We're sorry to say, but is anyone surprised that Congress has capitulated to post-underpants bomber fear-mongering and passed the three expiring provisions of the Patriot Act without so much as a debate?

Oh, you didn't hear about that?

Wednesday night, the Senate passed a straight one-year extension by voice vote, and last night, the House followed suit.

That’s right. No changes. Nothing. Nada. Zip, zilch, zero. (You get the picture.)

That leaves ordinary Americans like you and me without the civil liberties safeguards proposed by several bills last year. Both the House and Senate had bills that would have improved the Patriot Act. The Senate bill even had the support of the White House. But instead of passing the much-needed reforms, Congress: [ Read more ... ]

Police want backdoor to Web users' private data: Via Politics and Law - CNET News.

Anyone with an e-mail account likely knows that police can peek inside it if they have a paper search warrant.

But cybercrime investigators are frustrated by the speed of traditional methods of faxing, mailing, or e-mailing companies these documents. They're pushing for the creation of a national Web interface linking police computers with those of Internet and e-mail providers so requests can be sent and received electronically.

CNET has reviewed a survey scheduled to be released at a federal task force meeting on Thursday, which says that law enforcement agencies are virtually unanimous in calling for such an interface to be created. Eighty-nine percent of police surveyed, it says, want to be able to "exchange legal process requests and responses to legal process" through an encrypted, police-only "nationwide computer network." (See one excerpt and another.) [ Read more ... ]

Report Confirms FBI Misuse of Authority to Obtain Phone Records: Via EFF.org Updates.

The Washington Post reported today that the "FBI illegally collected more than 2,000 U.S. telephone call records," using methods that FBI general counsel Valerie Caproni admitted "technically violated the Electronic Communications Privacy Act when agents invoked nonexistent emergencies to collect records."

This issue first came to light in a March 2007 report by the DOJ's Office of the Inspector General, which revealed that the FBI's Communications Analysis Unit (CAU) had routinely been using “exigent letters” to obtain customer information from telecommunications companies, including Verizon and AT&T. [ Read more ... ]

FBI Illegally Gathered Phone Records And Misused National Security Letters: Via American Civil Liberties Union.

Congress Must Curb NSL Abuse Through Patriot Act Revisions

FOR IMMEDIATE RELEASE
CONTACT: (202) 675-2312 or media@dcaclu.org 
               (212) 519-7829 or 549-2666 or media@aclu.org
 
WASHINGTON – According to a report in the Washington Post today, the FBI routinely claimed false terrorism emergencies to illegally collect the phone records of Americans for four years of the Bush administration by abusing an already expansive Patriot Act power. Using “exigent letters,” or emergency letters, to gain private records for investigations when no emergency existed, the FBI seemingly violated the Electronic Communications Privacy Act. The FBI also routinely issued National Security Letters (NSLs) after the fact in an attempt to legitimize the use of exigent letters. [ Read more ... ]

FBI, Telecoms Teamed to Breach Wiretap Laws: Via Threat Level.

The FBI and telecom companies collaborated to routinely violate federal wiretapping laws for four years, as agents got access to reporters’ and citizens’ phone records using fake emergency declarations or by simply asking for them.

The Justice Department’s Inspector General’s internal audit released Wednesday harshly criticized how the Federal Bureau of Investigation’s Communications Analysis Unit — a counterterrorism section founded after 9/11 — relied on so-called “exigent” letters to get carriers to turn over phone records immediately. The letters were a hangover from the investigation into the 9/11 attacks in New York and promised telecoms, falsely, that subpoenas would follow shortly.

“The FBI’s use of exigent letters and other informal requests for telephone toll billing records circumvented, and in many cases violated, the requirements of the Electronic Communications Protection Act statute,” according to the report, which was referencing a leading federal wiretap law. [ Read more ... ]

FBI Broke Law Spying on Americans’ Phone Records, Post Reports: Via Threat Level.

An internal audit found the FBI broke the law thousands of times when requesting Americans’ phone records using fake emergency letters that were never followed up on with true subpoenas — even though top officials knew the practice was illegal, according to The Washington Post.

The inspector general’s follow-up report on the so-called “exigent” letters — an investigation that started in 2007 — is due in a few months. E-mails obtained by the Post showed that responsible agency officials informed superiors in 2005, but the practice continued for two more years.

While it looks as if the nation’s top law enforcement agency routinely violated the nation’s wiretapping laws for years, it seems no one will actually be prosecuted since the violations are being judged as merely “technical.” [ Read more ... ]

House Delays Patriot Act Spy Vote: Via Threat Level.

The House on Wednesday tabled for two months legislation reforming U.S. surveillance law, a move that delays a collision with a competing Senate version. [ Read more ... ]

Handy Chart Tracks Proposed Amendments to Patriot Act: Via Threat Level.

Confused by all the proposed changes to the Patriot Act ricocheting through the Capitol? The Center for Democracy and Technology (CDT) has put together a handy chart comparing the current law with the various amendments in the House and Senate.

The chart compares proposed amendments (.pdf) to National Security Letters (NSLs) and the so-called “lone wolf” provisions of the Patriot Act. The proposals have only been passed by the judiciary committees, and face further amendments before they hit the full House and Senate for votes.

According to Gregory Nojeim, CDT’s director of project on freedom, security and technology, although neither of the current proposals goes far enough in fixing all of the problems that civil libertarians find in the Patriot Act, they do show improvements. [ Read more ... ]

House Patriot Act Bill Draws Broad Support On Account of National Security Letter Fix: Via CDT - PolicyBeta.

A coalition of 20 civil liberties organizations, including the Center for Democracy & Technology, released a letter today endorsing H.R. 3845, the USA Patriot Amendments Act. The bill was introduced by the Chairman of the House Judiciary Committee, Rep. John Conyers (D-MI) and Subcommittee Chairs Rep. Jerrold Nadler (D-NY) and Rep. Bobby Scott (D-VA). The Senate version of the legislation, the PATRIOT Act Sunset Extension Act, S. 1692, has not drawn a similar level of support in the civil liberties community, largely because of the different ways the bills deal with National Security Letters. CDT has prepared a chart that compares the two bills.

An NSL is a simple form document issued by the FBI and other intelligence agencies that requires Internet Service Providers, banks and other financial institutions, and credit agencies to turn over records about their customers. There is no judicial authorization; the letters are issued when the agency seeking the records decides that they are relevant to its own investigation. The letters are usually accompanied by a “gag” order that, with limited exceptions, bars anyone from disclosing that information was sought or obtained with an NSL. Two Inspector General reports have found widespread abuse and misuse of NSLs. [ Read more ... ]

House Considers Limiting Patriot Act Spy Powers: Via Threat Level.

Powerful House members are proposing sweeping reforms to U.S. surveillance law that puts them on a collision course with pro-domestic spying legislation in the Senate.

The proposals (.pdf) come as key provisions of the Patriot Act are set to expire at year’s end. The act, hastily adopted six weeks after the 2001 terror attacks, greatly expanded the government’s ability to spy on Americans in the name of national security.

Lawmakers are taking the expiration as an opportunity to revisit a number of surveillance provisions, including elements of the Patriot Act that aren’t set to expire, including a 2008 law that granted legal immunity to phone companies that cooperated with the Bush administration’s warrantless wiretapping of Americans. [ Read more ... ]

'War on Terror' II: Via The Nation.

We know the rules by now, the strange conventions and stilted Kabuki scripts that govern our cartoon facsimile of a national security debate. The Obama administration makes vague, reassuring noises about constraining executive power and protecting civil liberties, but then merrily adopts whatever appalling policy George W. Bush put in place. Conservatives hit the panic button on the right-wing noise machine anyway, keeping the delicate ecosystem in balance by creating the false impression that something has changed. We've watched the formula play out with Guantánamo Bay, torture prosecutions and the invocation of "state secrets." We appear to be on the verge of doing the same with national security surveillance. [ Read more ... ]

Judge Refuses to Lift 5-Year-Old Patriot Act Gag Order: Via Threat Level.

A federal judge on Tuesday declined to remove a gag order imposed on the president of a small ISP who wants to reveal the contents of a national security letter he received from the FBI.

The NSL demanded the president of the New York company provide the government with e-mails from a customer the government deemed a threat. An NSL, a type of self-issued subpoena fortified by the Patriot Act, allows the FBI to obtain telecommunication, financial and credit records relevant to a government investigation without a court warrant.

The case last hit the courts in December, when the 2nd U.S. Circuit Court of Appeals, in a decision with Sonia Sotomayor in the majority, narrowed the standard by which recipients of NSLs must keep mum.

Those supplying the requested data to the government are forbidden from disclosing their mandatory cooperation, and face up to five years in prison for breaching the gag. The government issues about 50,000 NSLs each year, and an internal audit showed widespread government abuse in connection to them. [ Read more ... ]

The Ghost of Patriot Past: Via CDT - PolicyBeta.

It seems like the debate over health care reform has sucked all the oxygen out of the public dialog, as if nothing else were happening here in Washington. Think again. Perhaps one of the most significant “behind the scenes” actions happened late last week when the Obama Administration failed to support significant changes to the Patriot Act that would have given Americans stronger civil liberties protections.

More disturbing, it appears that the Administration took an active part in opposing changes supported by civil liberties groups, such as CDT, that would have gone a long way toward correcting several flaws in the Patriot Act. [ Read more ... ]

Round-Up of Reactions to Yesterday's PATRIOT Vote: Via EFF.org Updates.

Yesterday, as the Senate Judiciary Committee voted to recommend and send to the Senate floor a USA PATRIOT Act renewal bill lacking critical civil liberties reforms, EFF's reaction was much the same as Senator Feingold's, as he expressed in his post-vote blog post at Daily Kos.

Feingold, one of only three Democrats to vote against the bill and a sponsor of the PATRIOT reform bill the JUSTICE Act, was left scratching his head over how a Democratic super-majority with a Democratic Administration could so thoroughly fail at reforming the PATRIOT Act, a law long maligned by Democrats as an affront to civil liberties. He closed by posing a choice to his Democratic colleagues: "In the end...Democrats have to decide if they are going to stand up for the rights of the American people or allow the FBI to write our laws." [ Read more ... ]

Senators Vote to Renew Patriot Act Spy Powers: Via Threat Level.

A deeply divided Senate committee on Thursday forwarded legislation to the full Senate that reauthorizes three expiring provisions of the Patriot Act hastily adopted in the wake of the 2001 terror attacks.

The measures greatly expanded the government’s ability to spy on Americans in the name of national security.

Thursday’s 11-8 vote by the Senate Judiciary Committee came as lawmakers struggled to beat a looming deadline. The three provisions expire at year’s end.

During more than two hours of sometimes heated debate among the powerful Senate Judiciary Committee, some lawmakers accused one another of caving to intelligence officials who wanted to expand their powers while other senators said the renewal was necessary to protect against looming, and classified, terror threats. [ Read more ... ]

Congress Is Losing Its Chance To Reform The Patriot Act: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Huffington Post.)

Tomorrow the Senate Judiciary Committee will continue its debate over a bill that reauthorizes three Patriot Act provisions due to expire on December 31. The bill, The USA PATRIOT Act Sunset Extension Act, includes minor tweaks to the Patriot Act but does not go nearly far enough to thoroughly protect the Fourth Amendment rights of Americans.

The Patriot Act is a reactionary law. It was passed 45 days after 9/11 with virtually no debate and granted the government sweeping surveillance powers including the ability to conduct secret searches of Americans’ homes without warrants or even the presence of the resident.

Easily one of the most dangerous powers handed over in the Patriot Act was the expansion of the National Security Letters (NSL) statute which allows the government to demand a huge variety of our information (medical records, tax records, books we borrow from the library, etc.) from recipients like Internet service providers (ISP), financial institutions, and libraries without any proper judicial oversight. Oh, and it contains a gag order for recipients. The Department of Justice Office of the Inspector General has released two consecutive reports in the last several years detailing the FBI’s flagrant and systemic misuse of the NSL statute. [ Read more ... ]

Obama Tightens State Secrets Standard: Via washingtonpost.com .

The Obama administration on Wednesday announced a new policy making it much more difficult for the government to claim that it is protecting state secrets when it hides details of sensitive national security strategies such as rendition and warrantless eavesdropping.

The new policy requires agencies, including the intelligence community and the military, to convince the attorney general and a team of Justice Department lawyers that the release of sensitive information would present significant harm to "national defense or foreign relations." In the past, the claim that state secrets were at risk could be invoked with the approval of one official and by meeting a lower standard of proof that disclosure would be harmful.

That claim was asserted dozens of times during the Bush administration, legal scholars said. [ Read more ... ]

Justice for True Patriots: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Yesterday, Sen. Russell Feingold (D-Wis.) introduced the Justice Act, which would provide much-needed fixes to the three provisions of the Patriot Act that expire at the end of this year. This is good news, because on Tuesday the Department of Justice said in a letter to Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-Vt.) (PDF) that it was open to reforming parts of the Patriot Act. We’re going to hold you to that, DOJ!

Earlier this year, the ACLU’s Washington Legislative Office released a report, called Reclaiming Patriotism (PDF), that details the parts of the Patriot Act that need fixing most. Since the 38-page report isn’t exactly light fare, we’ll sum up the must-know parts for the upcoming Patriot Act debate:

First, the three provisions that will expire at the end of the year: [ Read more ... ]

Senators introduce patriot act fixes to safeguard americans' rights: Via Office of US Senator Russ Feingold.

JUSTICE Act, Introduced on Constitution Day 2009, Would Fix Long Standing Problems with the PATRIOT Act and Other Surveillance Laws

Thursday, September 17, 2009

Washington, D.C. – U.S. Senators Russ Feingold (D-WI), Dick Durbin (D-IL), Jon Tester (D-MT), Tom Udall (D-NM), Jeff Bingaman (D-NM), Bernie Sanders (I-VT), Daniel Akaka (D-HI) and Ron Wyden (D-OR) have introduced legislation to fix problems with surveillance laws that threaten the rights and liberties of American citizens.  The Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act would reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans’ constitutional rights, while preserving the powers of our government to fight terrorism.  

The JUSTICE Act reforms include more effective checks on government searches of Americans’ personal records, the “sneak and peek” search provision of the PATRIOT Act, “John Doe” roving wiretaps and other overbroad authorities.  The bill will also reform the FISA Amendments Act, passed last year, by repealing the retroactive immunity provision, preventing “bulk collection” of the contents of Americans’ international communications, and prohibiting “reverse targeting” of innocent Americans.  And the bill enables better oversight of the use of National Security Letters (NSLs) after the Department of Justice Inspector General issued reports detailing the misuse and abuse of the NSLs.  The Senate Judiciary Committee will hold a hearing on Wednesday, September 23rd, on reauthorization of the USA PATRIOT Act.  [ Read more ... ]

FBI Use of Patriot Act Authority Increased Dramatically in 2008: Via Threat Level.

FISA-court authorizations for national security and counter-terrorism wiretaps dropped last year by almost 300, a new Justice Department report to Congress shows. But the FBI’s use of “national security letters” to get information on Americans without a court order increased dramatically, from 16,804 in 2007 to 24,744 in 2008.

The 2008 requests targeted 7,225 U.S. people.

This is still much lower than the number of NSLs issued in 2006 — more than 49,000 — but indicates that the FBI’s reliance on the self-authorized subpoenas is rebounding, after audits in 2006 and 2007 revealed the bureau had been abusing the tool. [ Read more ... ]

Obama administration reins in FBI's NSL-related gag orders: Via Law & Disorder Section - Ars Technica.

The Obama administration has opted not to ask the Supreme Court to review an appeals court decision that put some important restrictions on the FBI's handling of its controversial and much-abused national security letters (NSLs). The administration's decision will force the FBI to justify to a judge the gag orders that it routinely slaps on the targets of NSLs.

Read Original Article:(Via Law & Disorder Section - Ars Technica.)

The Return of Line Noise: National Security Letters, Three Strikes Laws, and Warrantless Wiretapping: Via EFF Line Noise.

Tim Jones talks with Richard Esguerra about national security letters, with Danny O'Brien about "three-strikes" laws, and with Kevin Bankston about new developments in EFF's warrantless wiretapping litigation.

Links for further research: [ Read more ... ]

Reform The PATRIOT Act: Stop Abuse of National Security Letters: Via EFF.org Updates.

With portions of the Patriot Act set to expire later this year, the time has come to tell Congress to begin reforming and repealing the worst excesses of the Bush Administration's "War on Terror."

Chief among the unconstitutional powers authorized by the Patriot Act are so-called national security letters (NSLs). These secret subpoenas allow the FBI, without any independent oversight or judicial review, to seize private data about ordinary Americans. Recipients of NSLs are forbidden, or "gagged," from ever revealing the letters' existence to their coworkers, to their friends or even to their family members. The FBI's systemic abuse of this power has been documented both by a Department Of Justice investigation and by EFF's Freedom of Information Act work. [ Read more ... ]