The USA Patriot Act was signed into law on October 26, 2001 following the attacks on the World Trade Towers. The Patriot Act gives sweeping search and surveillance powers to domestic law enforcement and foreign intelligence agencies without appropriate checks and balances and seriously compromises the civil liberties and civil rights of this democracy. The most abusive powers expire (“sunset”) on Feb. 28, 2011 unless reauthorized. Pending House Resolution 67 will extend the sunset provisions until Feb. 29, 2012. Congress is preparing to repeat last year’s actions when the “sunset” provisions were extended without debate, by voice vote, and signed by President Obama. The White House’s Office of Management and Budget has urged Congress to reauthorize the sunset provisions again until December 2013.

Section 215 allows the FBI secretly to order anyone, including a citizen not suspected of a crime, to produce business records or any other “tangible things,” (including books, records, papers, documents) when the FBI certifies to the secret Foreign Intelligence Surveillance Act (FISA) court that the records are sought for a terrorism or espionage investigation. No supporting facts are required. The FISA court must issue the order if the FBI so certifies. Included is a “gag-order” in which the person involved need not be told of a records seizure and, if told, is prohibited from revealing the order.

Section 206, the “roving wiretap” provision, allows the FBI to wire tap phones and internet connections of individuals who are not involved in a crime. The only FBI justification required by the secret FISA court is the possibility that a suspect “might” use the phone or internet connection for wrongdoing. The FBI is not required to provide the target’s name or phone number to the FISA court.

Section 214, the “lone wolf” provision, allows FBI surveillance of foreign persons who are not affiliated with a terrorist group, but have connected to a device(s), such as websites or social networks, of an entity currently under investigation.

We urge you to telephone Senators Cantwell (202-234-3441) and Murray (202-224-2621) and Representative Larsen (202-225-2605) and to insist that they vote against the Patriot Act reauthorization if these unconstitutional provisions remain intact.

Steering Committee, San Juan Island Chapter

ACLU of Washington

Friday Harbor