When the
Patriot Act was passed, one of the more egregious provisions (and the Patriot Act is a hodgepodge of
civil liberty violations) was broadening federal law enforcement's ability to to conduct searches without the target knowing they were being searched. Proponents of this attack on civil liberties claimed it would be a critical tool in investigating terrorists.
Opponents pointed out that:
DOJ Myth: The ""sneak-and-peek"" provision (Section 213) is necessary to allow the FBI to conduct investigations ""without tipping off terrorists.""
Reality: The FBI already had the authority to conduct ""sneak-and-peek"" searches of terrorists. Under the Foreign Intelligence Surveillance Act, the FBI is empowered to conduct sneak-and-peek searches in intelligence investigations involving foreign powers and their agents. A ""foreign power"" includes any group ""engaged in international terrorism or activities in preparation therefor."" Section 213 authorizes sneak-and-peek searches in run-of-the-mill criminal investigations, not just in foreign-intelligence investigations involving terrorists.
Who knows who was right? When you have
brilliantly moral men like John Ashcroft telling you things won't get abused who needs civil liberties, right? Well, we all know who was right, and now there's the
depressing evidence to back it up:
The last publicly available report about sneak and peek warrants was released in 2010; however, the Administrative Office of the US Courts has finally released reports from 2011, 2012, and 2013.
What do the reports reveal? Two things: 1) there has been an enormous increase in the use of sneak and peek warrants and 2) they are rarely used for terrorism cases.
[bold my emphasis]
"Enormous" increase?
First, the numbers: Law enforcement made 47 sneak-and-peek searches nationwide from September 2001 to April 2003. The 2010 report reveals 3,970 total requests were processed. Within three years that number jumped to 11,129. That's an increase of over 7,000 requests. Exactly what privacy advocates argued in 2001 is happening: sneak and peak warrants are not just being used in exceptional circumstances—which was their original intent—but as an everyday investigative tool.
Second, the uses: Out of the 3,970 total requests from October 1, 2009 to September 30, 2010, 3,034 were for narcotics cases and only 37 for terrorism cases (about .9%). Since then, the numbers get worse. The 2011 report reveals a total of 6,775 requests. 5,093 were used for drugs, while only 31 (or .5%) were used for terrorism cases. The 2012 report follows a similar pattern: Only .6%, or 58 requests, dealt with terrorism cases. The 2013 report confirms the incredibly low numbers. Out of 11,129 reports only 51, or .5%, of requests were used for terrorism. The majority of requests were overwhelmingly for narcotics cases, which tapped out at 9,401 requests.
There isn't even a show pretending that the Patriot Act is being used for terrorist investigation. They lied when they pushed through Section 213's sneak and peek warrants and they continue to abuse the citizens of the U.S. with that lie.