Patriot Act Bill Includes Reforms Proposed by Senators Durbin and Craig
PATRIOT ACT BILL INCLUDES REFORMS PROPOSED BY SENATORS DURBIN AND CRAIG
Thursday, July 21, 2005
Today the Senate Judiciary Committee unanimously approved a bill that would reauthorize the Patriot Act. The bill includes significant reforms to the Patriot Act that were first proposed by Senator Dick Durbin (D-IL) and Senator Larry Craig (R-ID) in the Security and Freedom Enhancement (SAFE) Act of 2005. For example, the bill would:
# Protect the privacy of innocent Americans by requiring the government to convince a judge that a person is connected to terrorism or espionage before obtaining their library records, medical records or other sensitive personal information.
# Enhance judicial oversight and protect due process. It would give the recipient of an order for sensitive personal information the right to challenge the order in court on the same grounds as they could challenge a grand jury subpoena. It would give the recipient the right to challenge the gag order that prohibits speaking about the order. It would also modify the gag order by giving the recipient the right to consult with a lawyer.
# Protect innocent Americans from covert surveillance by prohibiting "John Doe" roving wiretaps, which do not identify the person or the phone to be wiretapped. The bill would require the government to describe the target of a roving wiretap with particularity.
# Protect privacy by requiring the government to notify the target of a "sneak and peek" search within seven days, instead of the undefined delay that is currently permitted by the PATRIOT Act. A court could allow unlimited additional delays of notice in compelling circumstances.
# Enhance congressional oversight by terminating the government's authority to obtain sensitive personal records and to conduct roving wiretaps in four years. This "sunset" provision will give Congress another opportunity to review these powers to determine whether they are working and whether they are still needed before deciding whether to extend them.
# Enhance congressional and public oversight of the government by requiring increased congressional and public reporting on the PATRIOT Act.
Senator Durbin said, "The bill approved today by the Judiciary Committee isn't perfect, but these changes significantly improve the Patriot Act. I commend Chairman Specter and the other Committee members for working with me on a bipartisan basis to protect fundamental constitutional rights while giving the government the powers it needs to fight terrorism. We have come together with the understanding that whether you are a Republican or a Democrat, all Americans value our civil liberties. Now we must work together to ensure that the reforms included in this bill are enacted into law."
"The Senate Judiciary Committee has taken an important step today in ensuring the protection of Americans' safety and freedom. I appreciate Chairman Specter's strong leadership in navigating through tremendously complicated legal and political negotiations to achieve this legislation, and I join Senator Durbin in pledging to work for enactment of these critical reforms when the Senate takes up this debate," said Craig.
http://durbin.senate.gov/record.cfm?id=241192&&