On the Hill: Undoing the PATRIOT Act

By Michael Ostrolenk

Many of the most problematic provisions in the USA Patriot Act are set to sunset at the end of this year. Some of those provisions include Section 206 (roving wire taps under FISA) and Section 215 (“library record” provision). The idea of sun-setting some of the provisions was an important check that was put into place during the hastily written and passed USA Patriot Act in 2001. When I say hastily written, I am referring to the fact that the final copy of the bill was not available until an hour before the vote. The bill itself contained a laundry list of police powers that the Department of Justice had been trying since the Clinton Administration to get enacted into law. Fortunately, until 9-11 the Republican majority in Congress was much more hesitant to give too broad of authority and power to Clinton’s Department of Justice.

Fortunately, there is a concerted effort by many civil liberty groups across the political spectrum including the ACLU, American Conservative Union, Liberty Coalition, Center for Democracy and Technology, Patriots to Restore Checks and Balances, and many others to ensure that the sunsets actually do sunset and to even further limit other powers granted under the Patriot Act. Some of the other provisions, which are not set to sunset but are problematic include Section 213 (sneak & peak) and section 802 (definition of domestic terrorism).

To counter-act the administration’s interest in keeping and expanding the Patriot Act police powers, various coalitions inside and outside of Congress have formed. An example of a ‘strange’ bedfellows coalition that has formed in the House is the new Patriot Act Caucus, which is chaired by Republicans Ron Paul and Jeff Flake, Democrat Jerry Nadler, and Independent Bernie Sanders. The inside joke is that the caucus covers the political spectrum, i.e. a Libertarian, a Republican, a Democrat and a Socialist. This caucus is working to educate other House members on the dangers of the Patriot Act and encourage other members to sign onto bills that reform the act including the Safe Act. (The Safe Act was also introduced in the Senate.) There is a similar new caucus in the Senate called the Bill of Rights Caucus, which is chaired by Republican Senator Craig and Democratic Senator Durbin. Senator Feingold, the only member of the Senate to vote against the Patriot Act is also heavily involved in pushing for its reform.

Outside of Congress, coalitions are also forming or continuing to operate to reform the Patriot Act. One coalition of note is Patriots to Restore Checks and Balances, which was founded by former Republican Congressman Bob Barr. It includes such groups as the ACLU, Gun Owners of America, Association of American Physicians and Surgeons, and the American Conservative Union. Other groups concerned with the USA Patriot Act include the Center for Cognitive Liberty & Ethics, U.S. Bill of Rights Foundation, Bill of Rights Defense Committee, American Policy Center, Electronic Frontier Foundation, Electronic Privacy Information Center, Free Congress, and the Americans for Tax Reform. From the list of groups involved in this issue, it is obvious that this is truly a transpartisan effort.

Michael D. Ostrolenk is a senior editor of the Free Liberal and vice-president of the Center for Liberty and Community. He is also a public policy consultant. He represents such groups as the Association of American Physicians and Surgeons, International Center for the Study of Psychiatry and Psychology, and Citizens for Health. Michael is a licensed psychotherapist (CA). He is also the founder and national coordinator for the Medical Privacy Coalition.