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NEWS & LETTERS, NOVEMBER 2003Why a PATRIOT Act?The PATRIOT Act creates a new offense named “Domestic Terrorism." This is defined as “acts dangerous to human life” that are a violation of the criminal laws of the U.S. or of any state and that (among other things) “appear to be intended to influence the policy of a government by intimidation or coercion.” Providing lodging or assistance to “terrorists,” as so defined, subjects a person to surveillance or prosecution. This law is not needed to prosecute actual terrorists who conspire to commit murder; it could be used against strikers and those who support them. The PATRIOT Act also expands the government’s ability to compel a third party to disclose records that relate to an individual’s activity. While bookstores and libraries are not specifically named, they are not excluded. While ostensibly the government can only obtain an order from a judge directed against the third party “to protect against international terrorism or clandestine intelligence activities” the judge is given little or no discretion once the government claims it is investigating these activities. The third party is prohibited from disclosing that it has turned over records. The PATRIOT Act also allows searches to be conducted without notifying the target of the search and expands the use of “pen registers." Pen registers are a list of telephone numbers to and from a particular telephone number. The pen register concept could also apply to e-mail addresses and subject headings and website addresses visited by a particular computer. Website addresses often include far more than just the address, if, for example, a person fills in a form. The PATRIOT Act is to be reviewed by Congress every six months. Considering that members of Congress are now complaining that they enacted it without reading it, this review will not be very effective. It is very possible that if people become aware of how the PATRIOT Act can be misused, Congress can be pressured to repeal it. --Dan B. |
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