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On May 26, 2011, Congress passed a four-year extension of three expiring Patriot Act provisions without making much-needed changes to the overly broad surveillance bill. The extended provisions are set now set to expire on June 1, 2015. Despite bills pending in both the House and the Senate to amend the three expiring provisions and other sections of the Patriot Act, Congress decided instead to move ahead with a straightforward reauthorization.
The three extended provisions give the government sweeping authority to spy on individuals inside the United States, and in some cases, without any suspicion of wrongdoing. All three should be allowed to expire if they are not amended to include privacy protections to protect personal information from government overreach.
• Section 215 of the Patriot Act authorizes the government to obtain "any tangible thing" relevant to a terrorism investigation, even if there is no showing that the "thing" pertains to suspected terrorists or terrorist activities. This provision is contrary to traditional notions of search and seizure, which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. Congress must ensure that things collected with this power have a meaningful nexus to suspected terrorist activity or it should be allowed to expire.
• Section 206 of the Patriot Act, also known as "roving John Doe wiretap" provision, permits the government to obtain intelligence surveillance orders that identify neither the person nor the facility to be tapped. This provision is contrary to traditional notions of search and seizure, which require government to state with particularity what it seeks to search or seize. Section 206 should be amended to mirror similar and longstanding criminal laws that permit roving wiretaps, but require the naming of a specific target. Otherwise, it should expire.
• Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, or the so-called "Lone Wolf" provision, permits secret intelligence surveillance of non-US persons who are not affiliated with a foreign organization. Such an authorization, granted only in secret courts is subject to abuse and threatens our longtime understandings of the limits of the government's investigatory powers within the borders of the United States. This provision has never been used and should be allowed to expire outright.
Courts all around the country have spoken, striking down several Patriot Act provisions as unconstitutional infringements on the rights of ordinary Americans. Yet the government has successfully hidden the true impact of the Patriot Act under a cloak of secrecy that even the courts couldn’t – or wouldn’t – penetrate.
The ACLU will continue to push Congress to examine all our surveillance laws and amend those that have been found unconstitutional or have been abused, including the Patriot Act.
Additional Resources
Read the Patriot Act (2003): Read the full text of the PATRIOT Act, which was signed into law by President George W. Bush on October 26, 2001.
Surveillance Under the USA PATRIOT Act (2010): Just six weeks after the September 11 attacks, a panicked Congress passed the "USA/Patriot Act," an overnight revision of the nation's surveillance laws that vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court.
Reform the Patriot Act (2009 PDF): On May 26, 2011, Congress passed a four-year extension of three expiring Patriot Act provisions without making much-needed changes to the overly broad surveillance bill. The extended provisions are set now set to expire on June 1, 2015.
USA PATRIOT Act - News, Issues, Articles & Recent Court Cases | American Civil Liberties Union
The three extended provisions give the government sweeping authority to spy on individuals inside the United States, and in some cases, without any suspicion of wrongdoing. All three should be allowed to expire if they are not amended to include privacy protections to protect personal information from government overreach.
• Section 215 of the Patriot Act authorizes the government to obtain "any tangible thing" relevant to a terrorism investigation, even if there is no showing that the "thing" pertains to suspected terrorists or terrorist activities. This provision is contrary to traditional notions of search and seizure, which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. Congress must ensure that things collected with this power have a meaningful nexus to suspected terrorist activity or it should be allowed to expire.
• Section 206 of the Patriot Act, also known as "roving John Doe wiretap" provision, permits the government to obtain intelligence surveillance orders that identify neither the person nor the facility to be tapped. This provision is contrary to traditional notions of search and seizure, which require government to state with particularity what it seeks to search or seize. Section 206 should be amended to mirror similar and longstanding criminal laws that permit roving wiretaps, but require the naming of a specific target. Otherwise, it should expire.
• Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, or the so-called "Lone Wolf" provision, permits secret intelligence surveillance of non-US persons who are not affiliated with a foreign organization. Such an authorization, granted only in secret courts is subject to abuse and threatens our longtime understandings of the limits of the government's investigatory powers within the borders of the United States. This provision has never been used and should be allowed to expire outright.
Courts all around the country have spoken, striking down several Patriot Act provisions as unconstitutional infringements on the rights of ordinary Americans. Yet the government has successfully hidden the true impact of the Patriot Act under a cloak of secrecy that even the courts couldn’t – or wouldn’t – penetrate.
The ACLU will continue to push Congress to examine all our surveillance laws and amend those that have been found unconstitutional or have been abused, including the Patriot Act.
Additional Resources
Read the Patriot Act (2003): Read the full text of the PATRIOT Act, which was signed into law by President George W. Bush on October 26, 2001.
Surveillance Under the USA PATRIOT Act (2010): Just six weeks after the September 11 attacks, a panicked Congress passed the "USA/Patriot Act," an overnight revision of the nation's surveillance laws that vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court.
Reform the Patriot Act (2009 PDF): On May 26, 2011, Congress passed a four-year extension of three expiring Patriot Act provisions without making much-needed changes to the overly broad surveillance bill. The extended provisions are set now set to expire on June 1, 2015.
USA PATRIOT Act - News, Issues, Articles & Recent Court Cases | American Civil Liberties Union