-Caveat Lector-

Begin forwarded message:

From: Declan McCullagh <[email protected]>
Date: July 12, 2005 10:49:00 PM PDT
Subject: [Politech] Patriot Act about to be made permanent -- expiration date deleted [priv]


Announcement of House Judiciary committee vote on Wednesday:

Text of Judiciary bill:

Perhaps the most important part:
"SEC. 3. REPEAL OF USA PATRIOT ACT SUNSET PROVISION.
      Section 224 of the USA PATRIOT ACT is repealed."

And a vote in the House Intelligence committee also Wednesday:

-Declan

---

MEDIA ADVISORY





FOR IMMEDIATE RELEASE

Tuesday, July 12, 2005



              Free Congress Foundation







MEDIA ADVISORY





FOR IMMEDIATE RELEASE

Tuesday, July 12, 2005



FREE CONGRESS FOUNDATION: RETAIN THE SUNSETS





Washington: Stephen M. Lilienthal, Director of the Center for Privacy and Technology Policy at the Free Congress Foundation, expressed concern that the House Judiciary Committee bill extending the USA Patriot Act does not retain the existing sunset powers. The House Judiciary Committee’s legislation does not include the provision for administrative subpoenas, a power which could receive judicial review only after searches have been executed. That omission from the legislation is certainly welcomed.



“The concern is not that the Patriot Act powers will be used against the terrorists; it is that the powers will start to be used in other areas of law enforcement. Prudence dictates that a check be retained on the Patriot Act powers to ensure constant review of their application,” Lilienthal said.



“President Bush is absolutely right when he says the threat of terrorism will be with us for a very long time. So will the Patriot Act powers. Many conservatives understand full well how future policymakers can take laws intended for an important reason –combating terrorism – and try applying those powers to other areas. Not only should the existing sunsets be retained, they should be added to such far-reaching powers as the Section 213 delayed notification searches (“sneak and peek”) that short-circuit the Fourth Amendment because it extends well beyond fighting terrorism. A sunset should also be applied to the expanded definition of domestic terrorism because its application could endanger assertive -- but legitimate -- political activists whose only crime is being politically incorrect.”



A recent Washington Times story quoted an anonymous staffer of the House Judiciary Committee expressing dismay that the Department of Justice has not been forthcoming with material on how the Patriot Act powers are being used. If true, that failure to provide the committee charged with providing oversight of the Patriot Act’s execution indicates the need for the addition of  effective checks and balances to the legislation.



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