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

Backdoors have been discovered in Arris cable modems. This is why we need a security research exemption to the DMCA.

Nov 27 @ 2:15pm

Censorship powers, data retention, and vague hacking crimes: Pakistan's terrible cybercrime bill has it all:

Nov 25 @ 5:11pm

While Bangladesh blocks social messaging apps, locals are turning to Tor and Twitter:

Nov 25 @ 3:50pm
JavaScript license information