USA PATRIOT Act Back in the Spotlight, Again

Three provisions of the PATRIOT Act set to expire at the end of this year have been the focus of recent hearings and intense policy debates. Critics were anxious to learn whether or not the Obama administration would support their renewal given the privacy and civil liberty concerns that have proven contentious in this piece of post 9-11 legislation. However, the administration told the Senate Judiciary Committee that it wants the provisions to be continued, although they are open to changes. The provisions set to expire include the so-called "roving wiretap" statute that allows government bugs on any phone used by the person being tapped, the broadening of law enforcement access to library and bookstore records, and the "lone-wolf" provision that applies to any non citizen suspected of engaging in or preparing for international terrorism who is not affiliated with a known terrorist group.

In response to what changes the administration might entertain, Assistant Attorney General David Kris commenting during a hearing this week, "Congress has seized the initiative here" - implying that the administration hasn't settled on what additional safeguards might be useful to preserve privacy and civil liberties. Two bills were recently introduced (S. 1686 by Sen. Russ Feingold of Wisconsin and S. 1692 by Sen. Patrick Leahy of Vermont) to reauthorize and modify the provisions that will soon expire.

The hearing, held by the Subcommittee on Constitution, Civil Rights, and Civil Liberties of the Senate Judiciary Committee, included intense questioning on the use of National Security Letters, including well-documented abuses by the FBI.