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Congress to Make PATRIOT Act Permanent

955301 writes "As if it was unexpected, the New York Times (free reg...) has an article on attempts by our Congressional Republicans to eliminate the expiration of the Patriot Act. Everyone may thank Senator Orrin Hatch of Utah for getting this 9/11 snowball rolling, and the general population for our current leadership." There's another story in the SF Chronicle.

16 of 1,066 comments (clear)

  1. Re:Not A Joke by bricriu · · Score: 5, Informative

    You can be detained, without being charged, indefinitely, having been investigated under a sealed warrant, an unsigned warrant, or no warrant at all, and then be denied access to a lawyer.

    And that is un-American. Period.

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  2. Re:Not A Joke by wherley · · Score: 4, Informative

    see the Electronic Frontier Foundations' Analysis of the USA PATRIOT Act here. After reading, feel free to contribute to the EFF here.

  3. Re:Not A Joke by rleibman · · Score: 5, Informative
  4. Re:Not A Joke by jasonditz · · Score: 5, Informative

    A fair question, so here it goes.

    1. Redefines terrorism too broadly: the new definition includes previously protected free speech. If any person feels threatened (rightfully or not) by a lawful protest, then under the patroit act that protest is considered a terrorist act.

    2. New surveillance powers circumvent judicial review: Previously federal agencies had to get permission from the courts for wiretapping and other forms of covert surveillance. Under the Patriot Act the agency can arbitrarily label someone a 'suspected terrorist' and conduct surveillance without the court's permission. Moreover, that label doesn't have to be approved by any external agency... and the person gets no chance to defend himself.

    3. Abbrogates right to a speedy trial. Previously Constitutional protections guarenteed that a person could be held for only a very limited time without a trial... and they must be charged with a crime. Again, its a question of judicial oversight. Under the Patriot Act the executive branch can, at their own discretion, detain a person for an indefinate period of time. The only legal requirement is that the President considers them a national security risk, but again, he can keep detainees a secret, and there is no judicial review of the process. In fact, he doesn't even have to accuse them of any crimes or place them legally under arrest, just "disappear" them.

    Whether or not it successfully stops criminal acts, something which we can debate more or less ad infinitum since the government no longer has to report its actions publically, the primary effect of the Patriot Act is the greatly increase the powers of the Executive branch, and effectively neuter the Judicial branch.

    Its been publically admitted by many of the acts proponents that it drastically reduces the Judicial branches powers, greatly restricts personal freedoms, and grants the executive branch almost police state powers, but that was always prefaced with the promise that it was a temporary measure for a particularly volatile period. Now, the 'temporary' measure appears to be a permanent fixture, which is probably only fair since the "war on terrorism" itself will likely last longer than any of us will live.

  5. Re:Patriot Act seems to have worked. by Anonymous Coward · · Score: 1, Informative

    Let's see:

    September 2001 - WTC and Pentagon bombings.
    August 1998 - US Embassy Bombings.
    April 1995 - Oklahoma City Bombing (US Citizen).
    February 1993 - First World Trade Center Bombing.

    That doesn't include the various hijackings over that involved Americans. I also don't see the point in distinguishing between US citizens and foreigner attackers. It doesn't matter to those who die.

    Just because you are an ignorant child doesn't mean that we all are.

  6. Re:Now, now... by Guppy06 · · Score: 3, Informative

    "The general population? Or the justices of the Supreme Court?"

    Sorry to burst your bubble, but the president is far from the only job in the federal government. Seeing as how the whole damned House and a third of the Senate were up for grabs in 2000 and '02 (just like every election year), I am quite comfortable with blaming the voting public in general.

    Especially so when you consider that all President Bush has essentially done is rubber stamp any and every piece of legislation that comes across his desk, having yet to veto anything.

  7. Fight Back! by radicalsubversiv · · Score: 5, Informative

    This legislation can be stopped. It only takes 40 Senators to filibuster a bill, and if the Democrats are willing to show some guts, there might be enough pro-civil liberties Republicans to shoot it down there, too.

    Immediately go the ACLU's action page where you can send a free fax to your representatives. It'll take you all of 15 seconds.

    Next, call both of your Senators and your representative. Politely but firmly demand that they vote against this. Make clear that how your senator votes on civil liberties issues is very important to you.

    If you haven't already done so, Register to Vote (PDF document).

    Write a letter to the editor of your local paper. Doesn't have to be a great work of prose, just give an example or two of how the PATRIOT Act threatens the constitution. Give the Ben Franklin quote. Letters to the Editor is one of the most read sections of the newspaper, and politicos read it closely.

    Tell your friends. Sure, some people get irritated when politics gets brought up, but that's a small price to pay for the future of American democracy.

    Lastly, act on your belief when election time comes around. Donate, volunteer, and vote for candidates who are on record supporting constitutional liberties.

  8. History Lesson by f2professa · · Score: 2, Informative

    Here's a history lesson for all of us to read. "On March 2, Hitler was asked by a corespondent of the Daily Express whether the suspension of liberties was permanent. He answered in the negative saying that full rights would be restored as soon as the Communist danger was over. The reality was that the decree of February 28th established what would become the normal order of things under National Socialism - arrest on suspicion, imprisonment without trial, the horrors of the concentration camps. This condition would persist until the end of the Third Reich."

    --
    Someone, please shake me from this wide-awake nightmare.
  9. MOD PARENT UP by Anonymous Coward · · Score: 1, Informative

    The time to act is now folks. Here is how to contact your representative/s.

  10. Re:Not A Joke by Alu3205 · · Score: 2, Informative
    You can be detained, without being charged, indefinitely, having been investigated under a sealed warrant, an unsigned warrant, or no warrant at all, and then be denied access to a lawyer.


    No this is not correct. Technically you have to be labeled as a terrorist first. I belive a judge has to do this, so it isn't quite a police state yet. Not that I am defending the Patriot Act. However, what briciu said is untrue and would be illegal, as it violates the 5th and 6th Amendments.

    To answer the grand-parent post's question. The Patriot Act makes it easier to be classified a terrorist, and it has become much easier to invade the privacy of citizens. As a cynic, I think the government has been doing this for years anyway and would reguardless of this legislation. The Patriot Act simply makes the government better able to Act on this info. We have lost freedom, but it isn't 1984... yet.

    I encourage everyone to read the EFF and Cato analysis it only takes a minute and is broken down quite nicely.
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  11. Re:The general population is responsible. by Catbeller · · Score: 5, Informative

    The Supreme Court just keeps us from having to have a civil war everytime election results are contested.

    1. There was no civil war in 2000. There was just a recount, as established in Florida law. What happened was a massive and wel-financed campaign in both the courts and the cable news networks to shut down the recount.

    2. The recount was FINALLY proceeding according to law when the Supreme Court stepped in to stop it, citing (privately and vehemently) the necessity of stopping the Democrats on the Florida Supreme Court from enabling the recount.

    3. In a decision condemned by nearly a totality of constitutional law professors, Scalia stopped the election because the results of the recount might cast doubt on the legitimacy of Bush's election. Scalia also incredibly stated that their decision could not be a precedent for any other cases.

    4. If Gore had been the called winner before recounts had begun, there truly would have been a civil war, the radical right vs. the US. For the last 27 months, infinite lawsuits would have been filed, the RW press would have screamed about Gore's illegitimacy day and night, Gore wouldhave been accused of crime after crime, and the American people would be convinced that Gore stole the 2000 election. There would have been unremitting war against Gore.

    Notice that, in contrast, railing against Bush's legitimacy gets one's microphone taken away, metaphorically and really.

    5. Election results have been contested thousands of times inthe nation's history without civil war. That's the purpose of elections -- to prevent civil war. The Supremee Court unbelieveably shut down an election to bring closure wihout the messy bit about actually counting the votes, in order to put their ideological copatriot in power.

    6. In the media consortium sponsored recount, Gore won. Amazingly, the NYT headline declared Bush the winner, and the incredible results were swept into the dustbin.

    7. As a result of the Supremes declaring Bush the winner to "avoid a civil war", the Bill of Rights have been shut down. Bush's people ignored Clinton's anti-terrorism advisor who beggedthem to make bin-Laden the number one problem. Tax cuts for the very wealthy will destroy the social safety nets in the yearsto come. Foreign investors are withdrawing from the U.S. Treaties have been trashed. Fear and marketing have been used toconvince Americans that Iraq took down the World Trade Center, and that lie has established the Holy American Empire's first conquest in the Middle East. The USA has committed massive war crimes - not that anyone here cares - by invading another nation without provocation.

    I'd rather have the civil war.

  12. Re:I am confident by XorNand · · Score: 2, Informative


    Get your facts straight before jumping on the bandwagon.

    Cross burning is only illegal if it is intended to intimidate someone. You can burn a cross in your own yard all day long, if that's simply your idea of art (assuming no local ordinances against bonfires or you have the proper permit). This is actually a victory for civil liberties; previously states could (and did) rule all cross burning was illegal.

    --
    Entrepreneur : (noun), French for "unemployed"
  13. actual copy of the act by SourceHammer · · Score: 4, Informative


    Is it just me, or is it hard to find an actual copy of the act?

    Patriot Act (text)

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    Open source development is my way of competing with the low-cost programmers in India...
  14. Common Cause Megavote by vtechpilot · · Score: 2, Informative

    In a previous article, Sarcasmooo! (267601) pointed out to me the Common Cause Megavote. The megavote is a easy way for people to get notifications via email about how their elected officials have voted and plan to vote on current bills. While its nice to have /. cover stuff it feels is important, there is a great deal more about the governments actions that I want to know about.

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  15. Left or Right or Wrong? It's all good. by crashnbur · · Score: 2, Informative
    Not every Republican favored the PATRIOT Act, and not nearly every Democrat opposed it. In the House, the vote was 337-79 (Republicans 207-3 and Democrats 129-75). In the Senate, the vote was 96-1 (one Democrat voted Nay, and three Republicans did not vote).

    Left or Right or Wrong, it doesn't matter. Okay, so Republicans ultimately favore life over liberty, and Democrats ultimately favor liberty over life (this is an oversimplified generalization given the comments I've read here so far). Neither is more admirable than the other, and the constant bickering between the two sides is exactly what our system of government is designed to facilitate.

    The result is a continuous national awareness of threats to both our lives and liberties, and therefore the best possible protection of either given assaults on the other. Sure, the balance fluctuates, but it is exactly that flucuation that keeps us aware of our political discontents. Isn't this exactly what we want?

  16. victim of the Patriot Act by Anonymous Coward · · Score: 1, Informative

    www.freemikehawash.org

    http://yro.slashdot.org/article.pl?sid=03/04/04/ 19 0223&mode=thread&tid=103

    whos going to make my Intel cpu's now? :(