One key provision of the Patriot Act relaxed restrictions on the FBI and Justice Department's use of National Security Letters (NSLs). NSLs allow the FBI to obtain telecommunication, financial and credit records relevant to a government investigation without a court order. In short, they allow broad warrantless government surveillance.
The FBI has abused the privilege. The ACLU documented this abuse in a report from 2007.
Legislation to reform surveillance law in the House of Representatives would limit the use of NSLs to investigations of terrorism or spy activities of an agent of a foreign power. Unfortunately, competeing Senate legislation would leave the NSL provision alone.
We have two months to wait.
The House has put off debating this measure and three key provisions of the Patriot Act set to expire. These provisions will remain in effect until legislation decides their fate.
These provisions are:
1. The obtaining of wiretaps from a secret court — known as the Foreign Intelligence Surveillance Act Court or FISA court — without having to identify the target or what method of communication is to be tapped.
2. The “lone wolf” measure that allows FISA court warrants for the electronic monitoring of a person for whatever reason — even without showing that the suspect is an agent of a foreign power or a terrorist.
3. The FISA court can authorize broad warrants for most any type of record, including those held by banks, libraries and doctors without requiring the government to show a connection between the items sought and a suspected terrorist or spy.
What can you do? Know the facts about the Patriot Act and help us spread the word.
