September 27, 2004 | By Donna Wentworth

Beyond Re-Animator: PATRIOT II Rises Again

It looks like death was just the beginning for the never-introduced "Domestic Security Enhancement Act of 2003," otherwise known as "PATRIOT II." As the Associated Press, LA Times, and Washington Post reported last week, lawmakers are circulating draft legislation that breathes new life into some of the most threatening provisions in PATRIOT II. The draft legislation is meant to implement intelligence reforms as recommended by the 9/11 Commission Final Report, but goes far beyond those recommendations -- including giving federal agents the power to use secret foreign intelligence warrants and wiretap orders against people unconnected to any terrorist group or foreign nation.

EFF has acquired a copy of the draft legislation (PDF), introduced this past Friday. Peter Swire offers a brief analysis of the bill on the Politech list, echoing our concerns:

Without the requirement of a link to a foreign power, there are grave constitutional questions about whether this secret wiretap is allowed under the Fourth Amendment. Furthermore, the "lone wolf" provision opens the door wide to surveillance of citizens for domestic surveillance and law enforcement purposes. Searches within the US should still presumptively be done in compliance with the Fourth Amendment.

Presumptively, indeed.


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Ad networks helped company track Iowa caucas-goers via their mobile phones, explains @kashhill:
http://fusion.net/story/26810...

Feb 12 @ 5:02pm

After a year of pressure from EFF, the California Attorney General agrees to stop skirting open meeting rules. https://www.eff.org/deeplinks...

Feb 12 @ 4:05pm

70 years ago, these six women became programmers on the first ever electronic general-purpose computer: http://www.phillyvoice.com/70...

Feb 12 @ 3:54pm
JavaScript license information