Slashdot Mirror


Senate Proposes Patriot Act Extension

geekylinuxkid writes "Senate leaders reached a bipartisan agreement Wednesday night to extend expiring and controversial provisions of the Patriot Act for six months. Senate Majority Leader Bill Frist, a Republican from Tennessee, announced the agreement from the Senate floor, ending an impasse over the measure." From the article: "Last week, the House voted 251-174 to renew the 16 provisions after striking a compromise that altered some of them. The provisions were set to expire at year's end if not renewed. Controversial measures include those allowing the FBI -- with a court order -- to obtain secret warrants for business, library, medical and other records, and to get a wiretap on every phone a suspect uses." More commentary on the BBC. We reported on last week's failure of the original renewal.

28 of 519 comments (clear)

  1. Someone please explain by Anonymous Coward · · Score: 5, Insightful

    As has been pointed out before... who needs an extension to the PATRIOT act, when the President can just issue an executive order?

    1. Re:Someone please explain by Council · · Score: 5, Insightful

      who needs an extension to the PATRIOT act, when the President can just issue an executive order?

      Moderation: +1 Funny


      What we really need is a mod for "Funny, but it's that sort of awkward laugh, where you're not sure if you should be crying instead."

      --
      xkcd.com - a webcomic of mathematics, love, and language.
  2. It will be extended only to a certain extent by digitaldc · · Score: 5, Insightful

    Frist makes me laugh, he says "This is a win for America's safety and security, and I'm pleased the Senate was able to rise above the partisan politics being played by the minority to do the right thing."

    And we know the majority would NEVER play partisan politics to get what they want.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  3. Extending our Freedom to be Safe? Or Spyed on? by TheUncleD · · Score: 5, Informative
    Last week, the House voted 251-174 to renew the 16 provisions after striking a compromise that altered some of them.

    Fortunately, this doesn't guarantee it will pass. One of the provisions I agree with is the one that eliminates barriers to intelligence agents and prosecutors sharing information. This act has already infringed on many peoples freedom, but has also opened up the government to be more scrutinous in the case of certain suspicious entities. Has it overall had a positive or negative effect? Since we as the general public cannot easily gauge what information they have collected entirely as a result, who can say for sure.

    For those interested in the provisions the House passed, this site explains most of them in plain english LA Times Provisions

    This site has the latest in how the patriot act currently stands.

  4. I guess- by IWantMoreSpamPlease · · Score: 4, Funny

    We just got Fristed?

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
  5. Now is the time! by Stanistani · · Score: 4, Informative

    US citizens:
    Write, phone, email your Representatives and Senators - and ask them to knock down at least some of the more onerous provisions of the Patriot Act - I'm thinking of provisions like the one allowing secret warrants, for example.

    Many of them will be back in their districts for the holidays. Visit their offices and talk politely with their staff. Inform yourselves of the Act's details, and make to-the-point suggestions.

    Exercise democracy. The Act is vulnerable at this moment.

  6. Ever heard of Stasi? by forgoil · · Score: 4, Insightful

    It's better to fight for freedom by _providing_ freedom. The same goes for a whole bunch of other nations as well... *looks at a bunch of European countries wanting to play Stasi as well*

    Put the money on finding terrorists, diplomatic solutions to end hostilities and good old fashion not too bright police officers who screw up in a way we can find out.

  7. Better than nothing... by kerrle · · Score: 4, Insightful

    At least we don't have never-expiring extensions that never come up for review.

    The simple fact of the matter is that I just don't trust our current administration with the powers they've been granted - and that's quite a change considering I voted for Bush in 2000. He's done a lot to convince me I didn't pick the best man for the job - you'd almost think he was trying.

  8. ...a win for America's safety and security... by TubeSteak · · Score: 5, Insightful
    I'm going to quote an old post [slashdot.org] from the "DMCA Abuse Widespread" [slashdot.org] article:
    Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying . They intend to use the law that way as early and as often as possible.
    To extend that idea a bit further: If we lose liberties present in The Constitution, The Amendments and The Bill of Rights, have the terrorists won?

    I think that goes directly back to what Benjamin Franklin was saying when he talked about people who give up freedom for security deserve neither.
    --
    [Fuck Beta]
    o0t!
    1. Re:...a win for America's safety and security... by Red+Flayer · · Score: 4, Insightful

      "If we lose liberties present in The Constitution, The Amendments and The Bill of Rights, have the terrorists won?"

      No, but we've lost. The only winners are the symbiotic politician/military-industrial complexes.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  9. can someone provide an example? by bkirkby · · Score: 4, Insightful

    i'd like to see an example of where the patriot act provisions were used egregiously by the current administration.

    1. Re:can someone provide an example? by chill · · Score: 4, Informative

      When Homeland Security agents arrived at the Pufferbelly Toys store, the lead agent asked owner Stephanie Cox whether she carried a toy called the Magic Cube, which he said was an illegal copy of the Rubik's Cube, one of the most popular toys of all time. Invoking the Patriot Act, he told her to remove the Magic Cube from her shelves, and he watched to make sure she complied.

      Search Google for "patriot act pufferbelly toy store" for lots of entertaining details.

      P.S. -- The Magic Cube was a properly licensed toy. Even if this WAS in the purvue of the Dept of Homeland Security, they were wrong. Something that would have come up in a normal "cease and desist" law case.

        -Charles

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:can someone provide an example? by chill · · Score: 4, Informative

      Here's another couple:

      http://www.2600.com/news/view/article/1441 [Photographing the VPs entourage at a public hotel]
      http://reviewjournal.printthis.clickability.com/pt /cpt?action=cpt&expire=&urlID=8164533&fb=Y&partner ID=565 [Strip club owner]

        -Charles

      --
      Learning HOW to think is more important than learning WHAT to think.
  10. Re:PATRIOT act mythology by Travoltus · · Score: 4, Informative

    Actually, it violates the 4th and 5th amendments to the US Constitution and some of it has already been thrown out by judges.

    http://www.devshed.com/showblog/1305/PATRIOT-Act-D eclawed

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  11. Re:So... by Hrodvitnir · · Score: 4, Insightful

    Of course. GW did say that these powers should stay in effect "as long as we are in danger." I've got news for you. Terrorism has been around a long time, and it's not going away any time soon. As long as there are terrorists in the world (an ever broadening group, due to the changes in how we define "terrorist"), there will be a reason to keep these laws around.

    The current government has no plan to EVER give up the these powers.

    --
    "There are more important things than stopping terrorism. Upholding the Constitution is one of them." - Ars Forumer.
  12. Re:Why is a warrant needed? by SeattleGameboy · · Score: 4, Informative
    LIAR!!!

    Clinton was arguing that since FISA allowed warrant-less wire tapping for FOREIGN AGENTS, the president should be able to do the same for physical searches - for FOREIGN AGENTS! (FISA was later amended to include this)

    FISA specifically outlaws wireless taps on US citizens without warrants. What part of US Citizen do you not understand?

    Nobody is criticizing Bush for wire tapping Bin Laden without warrants. Everybody is PISSED because he did that on US Citizens and BROKE THE LAW he is supposed to protect!

  13. Democracy In Action and Inaction by nick_davison · · Score: 4, Insightful

    This will only hit the garbage can AFTER we elect a democratically controlled senate/house.

    Unfortunately, you did elect a democratically controlled sentate/house. It's just that a combination of events allowed most of the checks and balances to be overcome.

    Ultimately, the 2000 election aside, a Republican president got elected in to office. In 2004 he got elected back in again. In 2008 he has to leave and either a Republican will be elected in to follow him or a Democrat to replace him. Pretty much democracy in action.

    Congress and the Senate, similarly, were populated by votes. Granted there was some dubious redistricting by a guy who's now under criminal investigation - but those offices were all populated by votes and can have their population changed by votes. Again, pretty much democracy in action.

    None of those offices, despite some glaring similarities, are dictatorships and, certainly, none of them are "for life" (save the Supreme Court but that's long been accepted). Every one of them can be changes [at regular intervals] by the will of the people. Thus, by definition, it is a democracy.

    The problem is, when you allow the will of the people, you have to allow that people are stupid.

    9/11 and the threat of the boogie man have worked as a great tool for scaring people and getting them to vote pro-conservative. It worked for the Nazi party in the 1940s, it worked for the Conservatives in Britain during the Falkands and the first Gulf war, and it's working for the Republicans now.

    As Jimmy Carter pointed out on The Daily Show last night: "There's 9-10% of the population that, regardless of political affiliation, will always vote to support the current commander in chief whenever there's a war on and America's young men and women are fighting." Most of the margins are well within that 9-10% and, so long as there's a war on, it's an instant bonus for the party in power.

    So, sadly, it is, by definition, a democratically elected government. It's just that part of democracy is allowing stupid people to vote, that stupid people can be manipulated, and that smart politicians will, eventually, find a way around almost any checks and balances. But that doesn't stop it being democratically elected.

  14. The PATRIOT Act works by PaxTech · · Score: 5, Funny
    No terrorist attacks since 9/11. How can anyone say it doesn't do its job?

    Next step: Instituting a federal Bear Patrol to stop these constant bear attacks. I also hear there's a little girl who has a rock that keeps tigers away, this should also be investigated.

    --
    All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    1. Re:The PATRIOT Act works by terrymr · · Score: 5, Funny

      I haven't been attacked by monkeys since i started carrying an umbrella everywhere i go.

    2. Re:The PATRIOT Act works by laughingcoyote · · Score: 4, Interesting

      You may be correct. But it's still one more paving stone on one very famous road...

      America is referred to as the Land of the Free for a reason-our freedoms are what makes us a great nation. Not our military, not our economic strength, not our President, good or bad, not our Congressional system, not our massive land area. Our freedoms, as enshrined in the US Constitution.

      The PATRIOT Act undermines those guarantees-and therefore, no matter what else is to be said about it, it is unpatriotic in the extreme. It may be done with the best of intentions, but it is still the worst of laws. In the America that I know and love, the government is the one who follows "If you've got nothing to hide, don't hide anything", and opens its workings transparently to the American people. The government has no problem following the rules set forth for it, in terms of the due process of law and the Congressional guarantee of freedom.

      I will oppose anything which will destroy this America, that I love. The PATRIOT Act is one of those things-and so, regardless of good intentions, bad intentions, or simple inattention, on the part of those who pass it, I oppose it.

      --
      To fight the war on terror, stop being afraid.
  15. Re:Why is a warrant needed? by hamburger+lady · · Score: 4, Insightful

    "Congress authorized Bush to use "all" means. Sounds pretty authoritative to me."

    sorry, but when congress authorized bush to use all means, they didn't mean "even the ones that violate federal law and the constitution". i really didn't think that congress needed to start putting that qualifier into bills, but apparently bush has demonstrated it's necessity.

    sigh.

    --

    ---
    Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
  16. Re:OUTGOING - Mod parent up for cleverness by NorthWoodsman · · Score: 4, Interesting

    These are the text from number stations, they broadcast messages to spies using a one-time pad. numbers stations for more info; so really, parent should be modded up

    --
    1p}{ 1 sp34k |33+ +|-|e|\| p30p13 \/\/il| 8e i/\/\pr3553|)
  17. Re:PATRIOT act mythology - debunked by buss_error · · Score: 4, Insightful
    America is about freedom. I won't say it is never a good idea to limit US constitutional freedoms, but I will say it needs to be breifly, narrowly, and with a lot of reluctance.

    I'm well aware of the original vote tally passing the "patriot" act. I think we've seen it was an overreaction, that it has been abused, and the White House has overstepped even the wide powers it got from that ill considered peace of legislation.

    Every time Condi talks about it, she always says "The first smoking gun could be a mushroom cloud over a major city." My guess is that she's trying to scare and stampeed people into unwise actions.

    America is about freedom.

    The Administration is always talking about how "they" hate and despise our freedomes.

    Seems to me that we shouldn't be limiting freedoms then. Otherwise, we are doing the work of destroying our country for them.

    Getting down to cases, I think it's been shown what has done with the special powers granted in the act. EG: Not a lot of good things. We've invaded two countries, installed governments to our liking, and still people are shooting at each other and innocents are still dying. No improvement there, other than getting the Taliban and Saddam out of power. That is aregueably a good thing, but the price is much too high in my opinion. I thought at the time that we should have waited, but I was also concerned about the yellow cake situation. A stiuation it turns out just wasn't true.

    Next is that "Congress saw all the same intelligence we did!" Well, sir, that turns out not to be the case. Seems that source assessment reports on the intelligence was NOT shared with congress, but WAS shared with the Administration. A source assessment report grades the source of the intelligence, some "spy" books range it as "Accepted as truth", "Trusted source, personally received", down to "known counterintelligence operat." There are good reasons not to share that information, but it seems most of the most damaging and most pointed to intelligence was from people known to be undependable, and that the administration knew they were but didn't say so, and there were some in the intelligence community that kept trying to point it out these sources were undependable. Some were gagged, some were transferred, some were fired, most were just ignored.

    No sir. This is bad law and it isn't good for our country. I will say this, I have no doubt whatever that someone that has a known bad guy and needs the information to protect the country will do what it takes to get the information, even breaking the law to do it if it's that important. When that happens, it will either get covered up, or it will become public. Only if it becomes public will it go to a court, where 12 citizen will sit there and put themselves in the position of the agent and decide if what he did was illegal but justified. Even if it were illegal, I believe that a jury won't find him guilty if it was important enough.

    Lastly, I love my country. I do not have to love the administration, and I refuse to accept being called unpatriotic because I disagree with your opinions. That is unworthy of a patriot, and the supporters of this administration should find a more mature way to disagree with people. What I see is that many confuse critizing the administrations actions with hating America. That isn't true. It's called loving your country to want to make it better, no matter how good it already is.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  18. Hilariously incoherent even w/in your own post by ianscot · · Score: 4, Insightful
    You do realize that it was passed 98-1 initially?

    We well remember the circumstances under which a law called "the PATRIOT Act" got passed to begin with. Yes. You might do better for your side of the ideological divide not to remind anyone of that process. This discussion is already about the abuse of power, you don't need to score points for the other side.

    does NOT introduce one new power not already available to the government or a DA in some form to Drug Dealers.

    You need to maybe edit this sentence so we have the slightest idea what you're saying. I think I can make a guess, but your point is badly garbled.

    do the research and actually read through the entire legislation before making a judgement

    Had you noticed that the debate about this law's renewal has had two sides:

    • the Republican leadership, arguing that it must be renewed in its entirety, with no changes, or we're screwed; and
    • the Democrats, who want to revise specific provisions of the bill?

    Which of those sides seems to be staking out an adult position? Which reflects a thorough understanding of the bill? I ask you.

    The objections to this legislation reflect specific concerns about it, they aren't an incoherent rant on the level of your post. I guess we'll just have to cut you some slack, though, as you're busy reading the 342-page text of the act, I feel certain.

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  19. Re:6months is not enough time by Johnny+Mnemonic · · Score: 4, Insightful

    No one's checking my papers. ... No one's tapping my phone because I'm a) not calling overseas to countries that might harbour terrorists and b) I'm not linked to any terrorist organization.

    What makes you think you would be told if they were doing this? The PATRIOT act and FISA allow such surveillance to be done in secret, which means that you wouldn't be told. You might well be being monitored right this very minute; this very post may have gone into the "jav1231" file.

    And you would simply never know.

    --

    --
    $tar -xvf .sig.tar
  20. Re:Who's the Liar? by SeattleGameboy · · Score: 5, Insightful
    Do you read?

    Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

    Did you even read my post? FISA (the "Act" this order is referring to) explicitly grants permission to the President to authorize warrantless search for Foreign Governments and its Agents.

    However, it EXPLICITLY FORBIDS the government from doing the same search on US Citizens without warrants.

    Here, you can read it yourself.

    Did you even READ this executive order? It does EXACTLY what I said it does. It says that since FISA gives me this power to search foreign powers, I am going to delegate this power to my Attorney General and other top cabinet officals.

    WHERE does it say that even though FISA prohibits it, you are authorized to search US citizens without a warrant? Do you see ANY sentence here that says you should ignore FISA (in fact, EVERY paragraph starts with "Pursuant to FISA...")?

    Why is this so hard to understand. I get that Rush and Fox News is distorting it, but gosh darn it, it is right here in black and white. ANY cursory reading of this order and FISA would lead any sane mind to fact that Clinton is going WITH the FISA while Bush is going AGAINST it.

  21. Update: House Passes One Month Extension by Alien54 · · Score: 4, Informative

    The House has just passed a ONE month extension, vs the six month extension of the Senate. They now get to argue over a compromise. Although GWB has not been in the mood for compromise.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  22. Clarification on electoral college by tlambert · · Score: 4, Informative

    Actually, your statement:

            "President is only voted for by the Electoral College, any member of whom can vote for anybody they want."

    is substantially incorrect. It's much closer to your next sentence about the "all-or-none nature of each state" - 29 of the 50 states and the District of Columbia have what are called "Faithless Elector" laws, in which an elector is required by state law, and is in violation of that law, if they do not vote for the majority candidate for the state.

    Further, there is no provision for apportioning electors between multiple candidates - these laws are in fact "majority rule", where all electoral votes go to a signle candidate based on the state popular vote.

    Several states impose fines on electors who violate these laws, and one, New Mexico, treats it as a 4th degree felony (the penalty for a felony includes stripping certain rights of citizenship, including the right to vote in future elections, until and unless the felon is pardoned or the stripped rights are otherwise restored by an act of government).

            http://www.ncsl.org/programs/legman/elect/Electora lCollege.htm

    Also, your statement:

            "And the electoral college came about becuase they decided that stupid people shouldn't vote and that an intelligent person should represent their overall preference."

    Isn't really that correct, although that was the rationalization used to sell the idea to the Federalists. The actual explanation has more to do with voing technology and communications delays than a plot to disenfranchise "the unwashed masses". It would have been nearly impossible, in the early days of the Republic, to communicate results from polling places to the county seat, and then to the secretary of state, and then to Washington, in under some number of months, effectively leaving us without a rubber-stamped government for large stretches of time following each election.

    -- Terry