Justice Not Dead Yet

Despite setbacks in the Senate Judiciary Committee, efforts to reform both the PATRIOT Act and FISA regained momentum thanks in large part to House progressives. House Judiciary Committee Chairman John Conyers, Jr. (D-MI), Constitution, Civil Rights, and Civil Liberties Subcommittee Chairman Jerrold Nadler (D-NY), and Crime, Terrorism, and Homeland Security Subcommittee Chairman Bobby Scott (D-VA) introduced the USA Patriot Amendments Act of 2009 and the FISA Amendments Act of 2009. Both amendments are targeted at safeguarding the constitutional rights of Americans without sacrificing the tools needed by law enforcement to fight crime.

The amendments to the PATRIOT Act target the most troublesome provisions of the current bill. Among the proposed changes, the amendments clarify the showing necessary for a roving wiretap so as to guarantee that the government only conducts surveillance on a single, identifiable target. The amendments also adopt safeguards to criminal “sneak and peak” searches. Currently when the goverment conducts such a search they need not notify the subject of the search that a search has occurred for 30 days. Under the proposed amendments this period would be shortened to 7 days and require that any extension of that 7 day delay be made by the Senate-confirmed U.S attorney in the district where the delayed warrant notice was originally issued.

As to the much-discussed use of National Security Letters, the proposed changes add some meaningful review of broad based document requests that can encompass innocent civilian’s medical, library, and telecommunications records. This would safeguard against broad-based “data-mining” by the FBI of information on any U.S. citizen. Finally, the Lone Wolf provision, perhaps the most controversial provision within the PATRIOT Act, would sunset at the end of the year.

As to the proposed FISA amendments, first and foremost they repeal the retroactive immunity provided to the telecommunications companies who complied with the illegal surveillance of American citizens. Other protections include prohibiting the government from using the warrantless document-and communication collection authority already in place without meaningful judicial review.

These amendments are hardly law, but they are a good start in moving forward to rectify the constitutional disregard shown by the Bush administration. They seek a reasonable balance between the evolving needs of law enforcement and the constitutional guarantees and privacy of all American citizens. They recognize, as a matter of law, that reason and not fear should be the primary tool in the battle against global criminal networks. And most importantly, they respect the fundamental idea that when we sacrifice liberty in the name of safety we are neither more free nor more safe.

Read more: civil rights, fisa, patriot act, privacy

photo courtesy of aflcio2008 via Flickr

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

2:19AM PST on Nov 9, 2009

The Health Care Bill is not even 24 hours old and it has seen its first failures.......www.fascmovement.mysite.com

send a green star

3:18PM PST on Nov 5, 2009

November 1,2009

Dear sir or mrs.,
Iam using what is left of my care2 account, it was hacked and I call this a ghost account and I am pointing the finger at the people or group.
I find it funny that I tell the police that I am in control of a ghost program that where if I was a hacker I could do all kinds of things to over 12 million people at care2 alone.
So you dont want to call the police, then call TV punch in 25 and connect TV 25 news room in Florida 561 694 2525.
you can find us on google.com www.fascmovement.mysite.com look for page1 american dream and see what the fuss is all about and welcome to Pay It Forward

November 1,2009

Dear sir or mrs.,
FBI & Redwood City Policy Department in Ca.{ 650-780-7100 or 650-780-7131.}
care2.com is in Redwood Ca. and what I did find out is that a lady named Deloris, age 20 to 23 born in January., somehow attempted to hack into a face book linked account to care2, by changing a variable of numbers and when I logged back in I took away this account. The account I tried to return it to me but it is part hers and mine,so I have no idea how this happened. It is not a inter net crime but a web site based hacking and spying.
Now there is a chance that Daloris gave me this ghost program, because she dose not like the spying on other Democrat members and Republicans as will as other groups. The ability to enter the personal factor and delete accounts is wrong.

At care2.com there is a ha

David H.

5:58PM PDT on Oct 30, 2009

I do not agree with any so called FREEDOMS within this country for ILLEGAL ALIENS from any country. Individuals always seem to point to latins due to their overwelming numbers but there are so many more illegals from everywhere. My concern is for MY well being not theirs. I want the government to track them, investigate them, follow their every move. BETTER yet, KEEP THEM ALL OUT. KEEP ME SAFE AS ALL AMERICANS DESERVE TO BE. Come to this country LEGALLY or DONT COME AT ALL. Do I agree with our government? NOT AT ALL on MANY ISSUES, but doing SOME things to keep this country safe from would be terrorists YES. CLOSE the DAMN BOARDERS. ALL OF THEM.Wake up people. Do you get the same freedom treatment in other countries? As for the official drunk, having sex and not found negligent The atrocities that they(officials of other countries) get away with here are just as bad many WORSE. FACT. Why is it OK for everyone else but NOT AMERICANs? If its wrong, its wrong for all regaurdless of RELIGION, RACE, CREED or COLOR. PERIOD. This generation is so quick to condemn their own. NO LOYALTY but to their selves. Thank god for the ones before who made it possible for them to do so. REMEMBER THEM? The ones who DIED saving OTHER COUNTRIES like in WW II? Probally not. Your to spoiled and concerned about agreeing with OTHERS LIES about the USA. Ask older people from other countries who remember. Perhaps when the day comes we fall youll be the first ones to feel the shame, pain and loss of life.

Past Member .

7:04AM PDT on Oct 25, 2009

Dear care2 members,
Do you want to come over and play ? And allow us to show you how to reach the world with your efforts and ours. Below is just one of our goals and we support anything that is just.
No More Protesting Government Health Care Ideas
It is also underway to stop petitions being filed
Because you are poor you have no right to....{see story 2007} at our web site
No public option in health bill? Not so fast
Letter from Washington: Proposal that seemed dead showing signs of life.

Dena Bunis
Washington Bureau Chief
The Orange County Register
dbunis@ocregister.com
Comments 12| Recommend 1
I said a couple of months ago that it's dangerous to make predictions when it comes to health care.
Then I proceeded to predict that there would be no public option in whatever health reform bill went to the House and Senate floors.
Note to self: Listen to self. Stop making predictions.

We was sent to care2 to help save the Freedom Of Speach, you are invited to see how in 2007 the poor was to be considered not to have rights in a caging concepts.
, and more issues.........

Please forgive some of my writing, I am dyslectic so for now I have to use the computer to help me.

It needs needs be known that we was sent to car2 because of how we offer our views and we place no copy right on none of our issues at www.fascmovement.mysite.com on google.com. It is a way to show that within it creation of FASC Concepts it is offered to you for free to open your min

Barbara V.

5:14PM PDT on Oct 24, 2009

Jim Steve: I never knew Mr. Obama refused to support Kucinich when he was trying to stop the attack on our civil liberties. I wish you'd explain that more fully. What on earth would have been the reason?

10:48AM PDT on Oct 24, 2009

The (Un)Patriot Act was one of the most egregious assaults inflicted upon American privacy by government intervention. How it passed under a Republican WH agenda and Republican congress who's party supposedly represented the rights of American privacy can be a mind boggling thing and an issue that may be here to stay, if Americans become complacent.

These Patriot ammendments and reforms are a start in weakening the Act, but we've got a long way to go correcting the wrong and reprimanding the Act in full.

There are so many other ways in protecting America, some that have been in place for years, than in taking away rights.

Isidoro R.

7:16AM PDT on Oct 24, 2009

I have conducted extensive civil litigation against the United States Department of Justice (â€œDOJâ€) for violation of the statutory rights of U.S. citizens, resident and nonresident Hispanics. See Martinez v. Lamagno and DEA, 515 U.S. 417 (1995)(DOJ surreally argued that a DEA agent outside of the US was not negligent for causing a car accident while driving drunk and having sex); Organization JD Ltda. v. Assist U.S. Attorney Arthur P. Hui and DOJ, 2nd Cir. No. 93-6019 and 96-6145; and, Lopez v. First Union, 129 F3rd. 1186 (11th Cir. 1997)(Banks and DOJ liable for unlawful interception of wire communication and access to account information without a warrant); Cooperative Multiactive de Empeados de Distribuidores de Drogas (Coopservir Ltda.â€ v. Newcomb, et al., D.C. Cir. No 99-5190, S Ct. No 99-1893 (DOJâ€™s issuance of bill of attainder under War Powers Act against Hispanics U.S. citizens and nonresidents). Note that the Clinton Administration est. the benchmark for the Patriot Act was. Thus, I opposed the confirmation of Eric Holder because the evidence confirms a conspiracy to deny the right to access to a civil jury trial and an impartial court to challenge malfeasance. We must recall the sorry acts of German judges, lawyers, and law schools permitting the usurping of Constitutional rights under the Weimar Republic aiding the NAZI to power, because, â€œthe murder of the six million Jews

Max M.

7:04AM PDT on Oct 24, 2009

As much as we all, myself included, would love to lay this at the feet of the Republican's, the fact is that both parties supported the Patriot Act. But the real issue now is for all of American to understand that it will never be repealed. Why? Because all governments, not just America, want control of the populace. As we speak, technology is being developed to ensure just that. Don't believe me? Anything that you say on a cell phone can be, and routinely is, monitored and recorded. Any website you visit, same. Anything you purchase with a credit/debit card, same. What you watch on cable/satellite, same. All minor, you say. Perhaps. Except that this is just the tip of the iceberg. I've never been a conspiracy theorist, but the more I research, the more concerned I've become. I also offer, brain wave finger printing. Google it and as you read the articles, understand exactly where this can lead and how much of an intrusion on our privacy it has the potential to become. So no, the Patriot Act will never be repealed. Of course, a very valid argument is protecting us from Islamic extremist. N'est-ce pas?

Mary K.

6:36AM PDT on Oct 24, 2009

We can only surmise that President Obama became privy to the heavy duty plumbing in govt. after he sat behind the desk. As much as the POTUS would like transparency in his administration, it's not possible. Areas of defense, security, energy-oil, global warming, justice for all, agriculture, health and related med/ins., trade, NATO, and on and on have behind the scenes going on. If we had a Walter Winchell or Walter Kronkite we'd know a little more but the only good journalists are at BBC for unbiased coverage. The POTUS knows, however, that unlike Bush with his "fix" machinations, he had best perform to stay on for a second term. All we can do is watch and keep in touch with our Congress and read, read at whitehouse.gov.

LLOYD H.

6:02AM PDT on Oct 24, 2009

I do not give a damn who is to blame! Just call and write your Congess people and get them on the job to fix the damn mess!