IP: Anti-Terrorism Bill "Compromises" Only Civil Liberties

[David Farber <dave () farber net>]

> Date: Thu, 25 Oct 2001 15:26:29 -0400
> From: Ari Schwartz <ari () cdt org>
> To: update () cdt org
>
>
>
> Anti-Terrorism Bill "Compromises" Only Civil Liberties
>
> Legislation Gutting Privacy Standards Passes Congress; Several Provisions
> Survive Sunset
>
> October 25, 2001 - The Senate today approved and sent on to the President an
> anti-terrorism package that would dismantle many privacy protections for
> communications and personal data.   Many of the provisions are not limited
> to terrorism investigations, but would apply to all criminal or intelligence
> investigations.
>
> "This bill has been called a compromise," said Jerry Berman, CDT Executive
> Director, "but the only thing compromised is our civil liberties."
>
> The bill would:
>
> * Allows government agents to collect undefined new information about Web
> browsing and e-mail without meaningful judicial review;
>
> * Allow Internet Service Providers, universities, network administrators to
> authorize surveillance of "computer trespassers" without a judicial order;
>
> * Overrides existing state and federal privacy laws, allowing FBI to compel
> disclosure of any kind of records, including sensitive medical, educational
> and library borrowing records, upon the mere claim that they are connected
> with an intelligence investigation;
>
> * Allows law enforcement agencies to search homes and offices without
> notifying the owner for days or weeks after, not only in terrorism cases,
> but in all cases - the so-called "sneak and peek" authority;
>
> * Allows FBI to share with the CIA information collected in the name of a
> grand jury, thereby giving the CIA the domestic subpoena powers it was never
> supposed to have;
>
> *  Allows FBI to conduct wiretaps and secret searches in criminal cases
> using the lower standards previously used only for the purpose of collecting
> foreign intelligence.
>
> As passed, some of the surveillance provisions expire, or "sunset" in four
> years unless renewed by Congress.  However, the sunset provision does not
> apply to the sharing of grand jury information with the CIA, giving the CIA
> permanent benefit of the grand jury powers.  Nor does it apply to the
> provisions for sneak and peek searches or  the provision extending
> application of the pen register and trap and trace law to the Internet.
>
> The sunset also does not apply to ongoing investigations.  Since
> intelligence investigations often run for years, even decades, the
> authorities will continue to be used even if they are not formally extended
> in 2005.
>
> CONTACT:
>
> James Dempsey, CDT Deputy Director
> or
> Jerry Berman, CDT Executive Director
> 202-637-9800


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