PATRIOT Pushback

Renewal of the PATRIOT Act, nearly a done deal earlier this week, has hit a snag.

Sens. Larry Craig (R., Idaho), John Sununu (R., N.H.), Lisa Murkowski (R., Alaska), Dick Durbin (D., Ill.), Russ Feingold (D., Wis.) and Ken Salazar (D., Colo.) said they will fight reauthorization of the entire measure unless it incorporates changes to prevent excessive government intrusion in personal matters. […]

On close inspection of the deal, privacy advocates and business groups concluded that important provisions that existed in the Senate version of the bill to prevent civil-rights abuses in terror investigations had been gutted. In particular, they felt there wasn't sufficient judicial oversight of National Security Letters, a form of subpoena used to demand phone records and other business records without the approval of a judge. While the proposed law does allow recipients to appeal the letters, it makes it relatively easy for the government to defeat a challenge by claiming that demand for records is a matter of national security.

Jon Berlau wrote about the onerous National Security Letters in December 2003, and Dave Weigel wrote in the November issue about the surprisingly popular politics of anti-PATRIOTism.