Congress reauthorized two of three expiring Patriot Act provisions that expanded the government’s powers in counter-terrorism investigations.
Main Justice:
The panel voted 16 to 10 along party lines to allow the “lone wolf” provision to sunset at the end of the year and reauthorize the records and “roving wiretap” powers. The panel also voted to put more restrictions on so-called national security letters, which are used by the FBI to obtain evidence without a court order.
The USA Patriot Amendment Act of 2009 as reported out of committee would do to the expiring Patriot Act provisions:
Lone wolf: The bill would not extend authority allowing the government to track a target who has no discernible affiliation to a foreign power, such as an international terrorist group. The provision only applies to non-U.S. persons. It has never been used by the government.
Records: The legislation would continue to allow the government to compel third parties — including financial, travel and telephone companies — to provide access to a suspect’s records.
But the bill would place some new restrictions on this authority. Republicans have been especially critical of language in the bill that would make it much more difficult for the government to obtain periodical or book records from libraries or bookstores if the documents would identify patrons. The panel failed to adopt an amendment yesterday from Rep. Elton Gallegly (R-Calif.) that would have eliminated the language on obtaining book records from periodical or book records from libraries or bookstores.
Roving wiretaps: The bill would continue to allow the government to monitor phone lines or Internet accounts that a terrorism suspect may be using. But the legislation would add more controls. The bill would restrict the roving wiretap to a specific individual, foreign agent or foreign power. Civil liberties groups have expressed concern that this authority doesn’t hold the government accountable if it monitors unintended targets.
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