Jennifer Lawless: Patriot Act still deeply flawed
01:00 AM EST on Saturday, March 25, 2006
<snip> Let's begin with the gag-order "improvement." Under the original Patriot Act, federal investigators could access private business and library records, and the people required to turn over those records -- such as librarians -- were prohibited from informing anyone about the search. The new version allegedly "protects" civil liberties, because it lets the recipients of some of these court-issued search orders challenge the nondisclosure requirement in court.
What supporters of the Patriot Act don't mention is that the new act still includes a one-year "gag" order. In other words, anyone forced by the government to turn over Americans' private records must wait a full year before challenging the order. As a result, people whose privacy has been violated will not know about it until it is too late. Are we to believe this is a protection of civil liberties? <snip>
Are we to believe this is a protection of civil liberties? And we certainly can't ignore the "sneak-and-peek" provision that lets the government conduct secret searches of Americans' homes. Not only can investigators enter our homes and offices, take pictures, and seize items; they can also do so without informing us that a warrant has been issued. Are we to believe this is a protection of civil liberties? <snip>
Jennifer Lawless, an assistant professor of political science and public policy at Brown University, is a candidate for the Democratic nomination for Rhode Island's Second Congressional District seat.
http://www.projo.com/opinion/contributors/content/projo_20060325_25law.688336a.html