The Basic History
H.R. 3162, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" Act, was introduced, in its final form, to the U.S. House on October 23, 2001. It passed the House on October 24 by a vote of 357 to 66; on the 25th it greased through the Senate, 98 to 1. President George W. Bush signed it into law on October 26.
The basic point of the bill was to make it easier for U.S. Intelligence and Law Enforcement agencies to gather and share information, with emphasis on international investigations.
Titles:
I: Miscellaneous provisions
II: Surveillance procedures
III: Anti-money-laundering to prevent terrorism
IV: Border security
V: Terrorism investigation
VI: Victims and families of victims of terrorism
VII: Information sharing for infrastructure protection
VIII: Terrorism criminal law
IX: Improved Intelligence
X: Miscellaneous provisions
The Fight (Round One)
Senator Russ Feingold (D WI) is the "1" listed above as voting against the Patriot Act in the Senate. Before voting "Nay," Senator Feingold proposed several amendments, all of which were approved by the Senate. Current Presidential candidates Senator Hillary Clinton (D-NY) and Senator John McCain (R-AZ) voted "Yea" to the final bill, while Representative Ron Paul (R-TX) voted "Nay" in the House. Neither Mike Huckabee nor Barack Obama were holding federal offices.
The Controversy
Contrary to popular belief, much of the Patriot Act is uncontroversial. However, a few sections are highly contentious, especially amongst champions of the Bill of Rights. Many of the most controversial features of the Act concern its provisions for surveillance:
- Title II, section 206 loosens restrictions on Roving Wiretaps [established within the Foreign Intelligence Surveillance Act (FISA) in 1978] warrants to allow surveillance of suspicious people, with no concern for their location. This is often considered a violation of the Fourth Amendment, which says "...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched..."
- Title II, section 209 loosens restrictions on voicemail surveillance, removing a requirement that people be notified, which is also touted as a violation of the Fourth Amendment
- Title II, section 213 allows authorities to execute a search warrant without notification, or "sneak and peek."
- Title II, section 215 also extended FISA to allow authorities to search public records and equipment (e.g. library records, computers). This offended the American Libraries Association, who felt that people have a right to privacy even when using public facilities.
Title IV, section 412 is one of the most controversial provisions. Under this section, a terrorism suspect may be held with no trial for an indefinite period of time. This is an explicit suspension of the writ of Habeus Corpus (protection from unlawful detention), which requires authorities to demonstrate, in court, their right to hold a prisoner. Detainees in Guantanamo, Cuba, are often cited as "victims" of this provision (reenforced by the Military Commissions Act of 2006, which suspends habeus corpus for "unlawful enemy combatants").
The Fight (Rounds Two, Three, Four...)
In June of 2002, the House Judiciary Committee, chaired by Representative Jim Sensenbrenner (R-WI), wrote a letter to Attorney General John Ashcroft asking 50 questions about the use and effectiveness of the Act. Only 35 of these questions were answered, and only 28 of them answered publicly.
The American Civil Liberties Union (ACLU), the Electronic Privacy Information Center (EPIC), and the Electronic Frontier Foundation (EFF) all continually challenged the Patriot Act in the courts, with a few victories--in 2007, U.S. District Judge Victor Marrero ruled that provisions in the Act used to obtain e-mail and telephone data violated the First and Fourth Amendments, and that attempts to allow judicial review still violated the separation of powers.
The controversial surveillance sections of Title II had an expiration date of December 31, 2005.
In July of 2005, the House of Representatives passed (257-171) a Reauthorization Act, which sought to make the surveillance sections of Title II permanent, as President George W. Bush had requested. In the Senate, however, Senators Larry Craig (R-ID), John Sununu (R-NH), Lisa Murkowski (R-AK), Dick Durbin (D-MN), Russ Feingold (D-WI), and Ken Salazar (D-CO) organized to block the Patriot Act, insisting that it required drastic revision.
The Senate worked out a version of the bill which temporarily (until December 2009) extended controversial sections 206 (Roving Wiretap) and 215 (Public Records). Additionally, section 213 (Sneak and Peek) was modified to set time limits on warrants and allowed "sneak and peek" only if waiting would delay a trial. Section 215 was further amended to add judicial oversight, allowed defendants to contact their attorney, and limited authority to the FBI Director and Deputy Director.
The final Reauthorization Act passed the Senate (89-10) on March 2, and passed the House (251-174) on March 7. Current Presidential candidates Senator Hillary Clinton (D-NY), Senator Barack Obama (D-IL), and Senator John McCain (R-AZ) voted "Yea," Representative Ron Paul (R-TX) voted "Nay." Mike Huckabee held no federal office. President George W. Bush signed the bill on March 8.