Congress Should Place Checks On Patriot Act Powers, CDT Says
Murkowski Bill Provides Reasoned, Modest Approach to Oversight and Accountability

For Immediate Release

Contact: Ari Schwartz
202-637-9800
ari@cdt.org

Friday, August 1, 2003 - The Center for Democracy and Technology today announced support for the "Protecting the Rights of Individuals Act," a bill that would place modest checks and balances on the most troublesome provisions of the USA PATRIOT Act. Introduced by Sen. Lisa Murkowski (R-AK) and cosponsored by Sen. Ron Wyden (D-OR), the bill is backed by a range of organizations from across the political spectrum.

"Congress acted very quickly when it passed the PATRIOT Act. With hindsight, it's time to put some oversight and accountability back into the surveillance laws," CDT Staff Counsel Lara Flint said. "Senator Murkowski has given the FBI the power it needs, but with reasonable limits."

The legislation's ten provisions leave in place expanded law enforcement and intelligence powers granted by the PATRIOT Act, but ensure that privacy and civil liberties will be protected when the FBI and other agencies exercise those powers. The bill would:

• guarantee that Americans' homes will not be searched in secret unless necessary;
• prevent political protesters such as anti-abortion and anti-war protesters from being labeled "terrorists";
• limit the FBI's ability to look at sensitive, personal information, including medical, library and Internet records, without demonstrating specific suspicion to a judge;
• limit the FBI's ability to get "roving" wiretap orders without stating either the person or phone to be tapped;
• increase judicial review for some telephone and Internet monitoring;
• require prior congressional approval for data mining;
• require more detailed public reports on use of the Foreign Intelligence Surveillance Act;
• apply longstanding discovery procedures for classified information to FISA evidence when it is used in court proceedings;
• require the FBI to meet criminal investigation standards, rather than using secret intelligence investigation techniques, when its primary purpose is to find evidence of a crime; and
• ensure that a judge has a role in determining whether the FBI can get access to Americans' educational records.

The Center for Democracy and Technology, a non-profit organization, is dedicated to developing public policy solutions that advance civil liberties and democratic values in the digital age.

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