H.R. 3199 and S. 2271 - Reauthorizations of Patriot Act

H.R. 3199 [109th]: USA PATRIOT Improvement and Reauthorization Act of 2005 and

S. 2271 [109th]: USA PATRIOT Act Additional Reauthorizing Amendments Act. These were the reauthorizations of the infamous USA Patriot act originally passed in Congress in the midst of fear tactics used subsequent to the 9/11 attacks. Most of Congress was never even given a chance to read the original bill! The reauthorization did make a view minor improvements, but much of the domestic surveillance legislation was left in place. The bill should be better known as “USA Patriots rolling over in their graves act,” as it would be inimical to the values of our founding fathers. According to Benjamin Franklin, “They who would give up an essential liberty for temporary security, deserve neither liberty or security.”

The Patriot Act was an utter assault on fourth amendment protections giving us “sneak and peak” warrants and roving wiretaps. While Cathy might not realize such violated the Constitution, the sneak and peak provisions were ruled Constitutional on September 26, 2007, more than a year after her vote on the law in the case of Brandon Mayfield who improperly incarcerated because of the illegal searches (only reversed on appeal because of Mayfield's substantial settlement agreement with the government prior to the case). In fact I recommend anyone review the Mayfield case to see the dangers of what happens when the government is given broad powers to hold someone without charging him and violate their privacy without probable cause.

Sneak and peak warrants allow officers to enter into someone's house, breaking and entering, without first presenting the warrant to the individual. As such, there is little opportunity to even challenge the warrant through due process, and a person might never even know their personal privacy has been violated. The roving wiretap provisions allow authorities to wiretap any device a person uses instead of a specific device, violating the particularity requirement of the fourth amendment and inadvertently allowing innocent law-abiding citizens to potentially be targeted if they happen to use the same phone or device a person under surveillance might use (think payphone etc.).

New burdensome business regulations were also included to make businesses (previously it was just financial institutions) report to Big Brother any cash that exceeded $10,000. The most nonsensical part of this regulation is that it made complying with it through “structuring” a crime – if one made multiple payments that just happened to add up to $10,000 that was a crime as well! In fact, many people could be considered to be violating the law just going through the normal course of business without even knowing it (same goes for the pre-existing financial institutions legislation)! The government cannot have people privately paying for goods with cash anymore, I guess . . . then it would not be under the all seeing eye of the Communist in Chief. This was one of numerous police state red tape requirements put on businesses.

I could write an entire book on all that is wrong with USA PATRIOT ACT. I wonder if any Congress critter would read it any more than they read the original bill.