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Congress to Revisit the Patriot Act

BlakeCaldwell writes "CNet is reporting that both the House and Senate are planning to review the 16 portions of the Patriot Act that are set to expire at the end of the year, several dealing with computer and Internet surveillance. They're trying to avoid the criticism they received after rushing this bill through in 2001 by holding hearings to review the bill's worth. FTA: 'One hearing disclosed police invoked the Patriot Act 108 times in a 22-month period when surreptitiously entering and searching a home or office without notifying the owner.'"

31 of 512 comments (clear)

  1. While it was rushed... by AviLazar · · Score: 4, Insightful

    None of us can deny the fact they put an expiration date on this law. This feature was great forsight and will allow us to (more easily) modify or delete the Patriot Act.

    So if the people really do hate the Patriot Act it will be known when it gets modified/deleted.

    --

    I mod down so you can mod up. Your welcome.
    1. Re:While it was rushed... by dr_dank · · Score: 4, Insightful

      None of us can deny the fact they put an expiration date on this law. This feature was great forsight and will allow us to (more easily) modify or delete the Patriot Act.

      With the RealID incident fresh in our minds, keep in mind the fact that tampering with the Patriot act will be political suicide.

      What better fodder for ones opponent come re-election time when they can say "Senator so-and-so voted to gut the Patriot act, compromising our safety and the War on Terror".

      --
      Where does the school board find them and why do they keep sending them to ME?
    2. Re:While it was rushed... by PaxTech · · Score: 5, Insightful

      It all depends on if you consider most laws that Congress makes to be good. I think they're mostly lousy, and I'd like to see them expire. Yeah there are good ones like the FOIA, but most of them suck.

      Do you think pot would be illegal still if Congress had to manually renew the ban every few years? I don't.

      Basically, making all laws have a mandatory sunset would make our legislators much more accountable, and that's definitely a good thing. The way things are now, if a bad law gets on the books, it's almost impossible to get rid of.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    3. Re:While it was rushed... by spells · · Score: 4, Insightful

      Besides, laws against murder are important enough that you can almost guarantee their easy renewal.

      Congress would LOVE to renew laws like murder - it gives them more opportunities to add irrelevant pork riders onto the laws that no politician would be able to reject without committing political suicide.

      If you don't believe it, look at the latest war spending bill that passed 100-0 today.

    4. Re:While it was rushed... by SirGeek · · Score: 3, Insightful
      While it's true that the law could just be renewed, it gives all the lobby groups a second chance at getting their own special needs taken care of, or having the bill become the parent for an un-attractive rider that ends up killing the whole thing.

      That's the big thing. Riders not 100% relevent to the law should NOT be allowed. We wouldn't have them attaching things to funding bills ( like the new National ID crap ).

  2. Re:List of Expiring Provisions: by tenchiken · · Score: 4, Insightful

    Thank you for posting this. Most people don't get past a knee jerk reaction and bother to look at what is really in Patriot beyond the FUD.

  3. Irregardless by WhatAmIDoingHere · · Score: 3, Insightful

    Usage Note: Irregardless is a word that many mistakenly believe to be correct usage in formal style, when in fact it is used chiefly in nonstandard speech or casual writing. Coined in the United States in the early 20th century, it has met with a blizzard of condemnation for being an improper yoking of irrespective and regardless and for the logical absurdity of combining the negative ir- prefix and -less suffix in a single term. Although one might reasonably argue that it is no different from words with redundant affixes like debone and unravel, it has been considered a blunder for decades and will probably continue to be so.

    --
    Not a Twitter sockpuppet... but I wish I was.
  4. Faithless... by point3 · · Score: 5, Insightful
    After this was enacted 99-1 basically out of fear (fear of terrorism and fear of dissention...way to go Feingold!) and after the RealID segment passed 100-0 (including the bit removing EVERY court's jurisdiction to hear a case involving decisions made by the Secretary of Homeland Security), I truly have little faith that these expiring provisions will not be re-enacted, and probably by a huge margin.

    ~Z

  5. Political Grandstanding by MyNymWasTaken · · Score: 3, Insightful

    I view this as mere huff & puff. Any items that are not renewed, or are softened, will reappear in the coming months or years as riders on "necessary" bills that will be approved unanimously. These "new" provisions will not have expiration dates, and will not be so widely discussed & lambasted in the public/mainstream media.

  6. For the sake of clarity.. by ShaniaTwain · · Score: 5, Insightful

    .. this is all due to be replace with the more concise:

    Section 1.0 -- Government good, citizen bad.

  7. I hope they look at this better than Real ID by PenguinBoyDave · · Score: 5, Insightful

    Who are they trying to kid here? They pushed that Reael ID thing though last night and it was headlines on CNN and Fox News this morning. I'm not sure who said this, but I saw a saying that I think fits right in here:

    "Only a Government afraid of its citizens tries to control them."

    --
    I'm not a troll, but I play one on Slashdot.
  8. It's not really a Republican thing by Frangible · · Score: 3, Insightful

    Check the voting record, the democrats supported it by an overwhelming majority as well. This will not be a campaign issue for Republicans.

  9. Consider it done. by LibertineR · · Score: 5, Insightful
    The Patriot Act will remain intact for one reason:

    Max Cleland.

    The Republicans destroyed that dude because he only went so far as to delay the passage of the Patriot Act originally. Cleland, due to losing 3 limbs in Vietnam(not due to heroics, but from dropping a grenade and trying to pick it up instead of kick it away, like you are trained to do) was considered untouchable and a lock for re-election to the Senate.

    No one in Congress is going to become the next Max Cleland, just for your precious Civil Rights, so get used to it. Congress is made up of people who do nothing but protect themselves for their next election, and nothing, I repeat, NOTHING for you.

  10. Re:Feingold? by masklinn · · Score: 4, Insightful
    Feingold and the rest are driven by "opposite of Bush" regardless of the content.
    And this is true not only in the US, but in great many western countries (replace "opposite of bush" by "opposite of whatever party currently holds the power")
    Most modern westerner politicians are so childish and have such stupid ways of setting their opinions it's quite scary they're the ones with the power...
    And there are so damn few alternatives...
    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  11. Re:Capitol Building, White House Evacuated by TripMaster+Monkey · · Score: 4, Insightful



    Interesting...full story can be found here.

    Odd how just when the Patriot Act comes up for review, a small plane flying off course happens by to remind us all that we must FEAR and OBEY...

    --
    ____

    ~ |rip/\/\aster /\/\onkey

  12. Re:Beyond Bush by RealProgrammer · · Score: 3, Insightful
    I guess Republicans must be looking beyond Bush now, and thinking about how they're going to justify the post-911 decisions they made.

    It's not clear from your post whether you mean that the upcoming review of the Patriot Act signals a change or whether something else leads you to think that. In any case, you're 180 degrees off target.

    The Republicans are hoping to find someone who will continue after President Bush because he's coming to the end of his final term. Grass root Republican still like him. By and large the leadership is not ashamed of their post-9/11 decisions, despite all the revisionist finger pointing going on in Washington.

    If anything, the leadership is looking for someone who is more dynamic and smooth, and able to carry off centrism - sort of a right-wing Bill Clinton. I don't think that kind of person would be a successful candidate for them, but that's what they want.

    To your other point: before 9/11/2001, none of us thought for a minute that something like that could happen here. Terroism happened in Europe and the Middle East, not here. We were trained by a century of domestic peace and foreign wars to believe that our oceans and good character would protect us.

    We were all in shock, and that includes those in government. Can you imagine feeling responsible for 9/11? You could tell yourself everything I just said above, but still there would be the self-doubt asking whether you should have planned better.

    The Patriot Act needs tweaking, obviously, where it violates the Fourth Amendment. But a lot of what's in it - such as allowing domestic and overseas law enforcement to share notes - can help defend our liberty without infringing it.

    --
    sigs, as if you care.
  13. Inches from Tyranny by MooseByte · · Score: 4, Insightful

    "Most people don't get past a knee jerk reaction and bother to look at what is really in Patriot beyond the FUD."

    And this is just the summary of items scheduled to be repealed automatically. Some of the items that are NOT in the "sunset" clause are equally onerous.

    Like the combination of Sections 201 and 805 which creates a net so ridiculously broad that every self-claimed conservative American should be jumping all over it as the gateway to a potential police state.

    But no, instead many of these "conservatives" bend over like sheep under the false shiny label of "patriotism".

    To which I would remind them all of the following:

    "If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison

    1. Re:Inches from Tyranny by cnelzie · · Score: 5, Insightful

      One big thing that they always forget about patriotism is that you(we) are supposed to hold our leadership accountable, demand fair and equitable treatment and preserve our freedoms.

      That is what it meant to be called a patriot back in the days that the US was a colony of Britain. That's what it should still mean today.

      --
      If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    2. Re:Inches from Tyranny by Alcilbiades · · Score: 4, Insightful

      The war of 1812 was fought becuase of trading status between the US and Britain. We want our freedom and to be able to trade inside the British empire too and as a result we fought a war about it. And as wars go it was successful for the US. Also James Madison was one of the greater political minds of his day.

    3. Re:Inches from Tyranny by kcbrown · · Score: 5, Insightful
      One big thing that they always forget about patriotism is that you(we) are supposed to hold our leadership accountable, demand fair and equitable treatment and preserve our freedoms.

      Agreed, but the question is how?

      You can demand anything you want. That doesn't mean you'll get it. You'll get it only if you can somehow coerce your "representatives" (who are no such thing anymore) to see things your way.

      The problem is that they no longer answer to you, or to any of their "constituents". The people they answer to are the people that made their election possible: the people who run large corporations, and especially the people who run the corporations that own the media. Because you can't even begin to get elected unless you get media exposure, and the corporations that own the media can suddenly decide to bury you, to make you look ridiculous. Like they did to Howard Dean (remember that the "Dean Scream" was a media fabrication, and [correct me if I'm wrong] support for Dean was quite strong until that media trick).

      The problem today is that people don't recognize who the real leadership is: the people who own and run the large corporations in this country. And those people only answer to themselves. So how, then, are we to demand anything at all, much less fair and equitable treatment?

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  14. ACLU doesn't deserve contributions by FishCalledOscar · · Score: 3, Insightful

    The ACLU is on record AGAINST an individual's right to bear arms. They claim to support a "collective right" which means we can arm the national guard.

    --
    What? Me? Sig?
    1. Re:ACLU doesn't deserve contributions by rkcallaghan · · Score: 4, Insightful

      I think they do. As a matter of fact, I joined today. I donated and signed up as a card carrying member.

      Today's news about the Real ID was finally enough to make me ask myself what had I done to help in any small way.

      The nature of politics is compromise. There will never be a political group with as broad a spectrum as issues as the ACLU deals with that does not disagree with you on something.

      So if you disagree on the gun issue, as I do, fine. Realize there are 20 more issues and no one fights harder for your civil rights than the ACLU.

      ~Rebecca

  15. An scared citizen... by springMute · · Score: 3, Insightful

    ...is a happy citizen.

    Congratulations on letting the B's of today turn your country into Oceania.

  16. Re:List of Expiring Provisions: by jusdisgi · · Score: 4, Insightful

    Thank you for posting this. Most people don't get past a knee jerk reaction and bother to look at what is really in Patriot beyond the FUD.

    Man. We must be reading two different sets of provisions....because this shit makes my knees jerk all over the damn place. Roving wiretaps? Changing FISA so that they can have purposes other than foreign surveillence? Allowing secret searches of innocent third-parties, and threatening them with prison if they tell anyone?

    Are you fucking crazy!?

    --
    Given a choice between free speech and free beer, most people will take the beer.
  17. Re:List of Expiring Provisions: by Golias · · Score: 5, Insightful

    A lot of arguments about the PATRIOT Act (which I do think desperately needs radical revision) are very light on facts.

    A good example is the article here. "One hearing disclosed police invoked the Patriot Act 108 times in a 22-month period" would be a much more useful piece of information if we got a chance to see whether the cases in question did, in fact, involve terrorism.

    I mean, if nearly all 108 of them regarded rifling through the files of nut-jobs planning on poisoning the NYC water supply or shutting down nuclear plant cooling systems in California, I would take that as compelling evidence that something very much like the PATRIOT Act (with a little tweaking to improve safeguards of personal rights) is probably a Good Thing to have in place.

    On the other hand, if many of the cases were simply run-of-the-mill crime suspects, and law enforcement officers used PATRIOT clauses as a work-around to unconstitutionally search their premises, I would say it's time to riot in the streets.

    --

    Information wants to be anthropomorphized.

  18. Re:Feingold? by SirSlud · · Score: 3, Insightful

    When you consider that western countries enjoy a very high quality of life compared to other countries, its easy to make the argument that people live 'well enough' to not have to care about whether Foo or Bar is running the country.

    From other vantage points, Kerry and Bush would basically do the same things, only with different ways of justifying it to their voter base. (Same here in Canada, etc.)

    Mind you, I'm not suggesting that the system isn't currently broken; rather simply that not enough shit has hit the fan yet for people to be forced into caring.

    Its the old adage where you don't really care why your neighbours are being arrested until they come for you. Same principle. Enough people are enjoying worry free lives (save for the material worry we create to substitute for real worries such as where is my next meal coming from) such that we just havn't hit a critical mass of folks who think we need a substantial change.

    --
    "Old man yells at systemd"
  19. Read the actual sections by orionware · · Score: 4, Insightful

    I recommend reading the actual sections since most of the "summaries" of the sections that I have seen are translations, usually leaning to one way or another.

    Not pointing any fingers here, just recommending you read the actual text yourself. A lot of folks went ballistic over the massive new erosion of our rights when those rights were aleady in jeopardy if you were a drug dealer or traficker. They've simply extended the power they already to terrorism suspects.

    --


    Karma means nothing to me, so suck it...
  20. Here there be definitions by abulafia · · Score: 3, Insightful
    Another important thing to keep in mind is the power of changing what words mean.

    For instance, "terrorism" was recently extended to include a meth lab in Virginia. Bad? sure. Terrorism? not hardly. Prosecutors will use anything available - they're forced to do so.

    --
    I forget what 8 was for.
  21. Should change the name of the act by Anonymous Coward · · Score: 3, Insightful

    The "Patriot" Act has more to do with Despotism than Patriotism. Powers that the Act give are more in line what dictators would want than what a so called "free and democratic" society would strive for.

  22. Re:List of Expiring Provisions: by Edward+Faulkner · · Score: 4, Insightful

    If law enforcement had really stopped 108 nefarious terrorist plots, you can be sure we would be hearing about it nonstop. Because that's the surest way for the government to silence its critics - point out the threat. In reality, they've had to invent fictitious threats, like Iraq's WMD.

    But you're still missing the key point here - even if all 108 cases were suspected terrorists nutjobs, that still can't justify unconstitutional searches, because they're just suspected. There's nothing to stop you from becoming a "suspected" terrorist too.

    Liberty cannot survive in a system where there are two classes of people: normal people with rights, and terrorists. Rights exist specifically to protect people accused to heinous things.

    --
    "The danger is not that a particular class is unfit to govern. Every class is unfit to govern." - Lord Acton
  23. Re:List of Expiring Provisions: by kfg · · Score: 4, Insightful

    I mean, if nearly all 108 of them regarded rifling through the files of nut-jobs planning on poisoning the NYC water supply or shutting down nuclear plant cooling systems in California, I would take that as compelling evidence that something very much like the PATRIOT Act (with a little tweaking to improve safeguards of personal rights) is probably a Good Thing to have in place.

    There are a few relevant questions here.

    First off, it isn't enough to know that all 108 were nutjobs. What was the relevance of the PATRIOT Act to their survielence? The answer might well be none, in which case the act only serves to remove civil liberties from the innocent while adding nothing to the legitimate investigation of criminal activity.

    Another, and more troublesome question is, how do you know they were actually nutjobs if there has been no judicial review, no legal representation, no finding of fact and no trial? No public record whatsoever.

    "Did all of these people turn out to be nutjobs?"

    "Ummmm, Yeah, they did. That's the ticket. Just ask my wife, Morgan Fairchild. . .whom I've slept with."

    Is this not the very problem with secret "law enforcement" activity?

    Remember that law enforcement itself is even responsible for defining what "suspicion" and "terrorist" activity are. Afghanistan makes heroin. You are "suspected" of selling heroin. Therefore you are suspected of being a terrorist.

    See how easy it is?

    And the last question is, what if the 109th person isn't a nutjob at all, it's you, what will you say?

    And the answer to that is. . .nothing.

    KFG