While the FBI and the Department of Homeland Security have provided anecdotal information about the law's use, some politicians have grown frustrated with the lack of detailed information.
An analysis (PDF file) released by Sen. Jon Kyl, an Arizona Republican, last month said: "Requests to the Department of Justice to provide a comprehensive report assessing the effect and efficacy of the 16 provisions of the Patriot Act subject to 'sunset' remain unfulfilled. Such a report is a critical element in (Congress') responsibility to provide meaningful oversight before determining whether to change the law with respect to these provisions."
"The lack of information on how the Patriot Act provisions that expanded investigative authority are being used makes it very difficult to understand whether they're necessary or whether they're being abused," said Marcia Hofmann, an attorney at the Electronic Privacy Information Center, who filed a freedom of information request with the FBI last month seeking those figures.
Sneak-and-peek
One portion of the Patriot Act that does not expire lets police surreptitiously enter and search a home or office without notifying the owner. That has reportedly been invoked 108 times during a 22-month period stretching from October 2001 through April 2003.
"Delayed-notification search warrants are used in a wide spectrum of criminal investigations, including those involving terrorism and drugs," the Justice Department said in a statement. "Like any other search warrant, delayed-notification warrants under section 213 may only be issued after showing probable cause and obtaining the express approval of a judge."
Section 213 of the Patriot Act authorises so-called sneak-and-peek entries in cases where alerting someone that a surreptitious search took place may have an "adverse result" on a police investigation. Eventually the owner of the home or office is supposed to be notified, though the law says that deadline can be "extended" without limit if police make a good case for it. Sec. 213 is not scheduled to expire.
Even though the Patriot Act was enacted as a response to the threat of terrorism, Section 213's powers are not limited to investigations of terrorists or spies. Instead, sneak-and-peak searches may be used to investigate any federal felony or misdemeanour, from firearms violations to marijuana possession and copyright infringement.
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Even the name 'patriot' act is a landmine...what you're NOT for the Patriot Act???, then you CAN'T be a PATRIOT!! This nimble shuffle of words was deliberately chosen.
Activity commited with the protection of no disclosure is activity unrestricted by any other morals than the 'Decider' - you remember who the Decider is don't you? Gasp! Mr. George Bush!. I personally have grave doubts regarding Bush objectives, known and...unknown. He is flanked by similar sinister, skulking, secretly seditious persons who have conducted the Bush Administration like a frat-house. There has been unbounded glee on the part of this fraternity each time another prank has been perpetrated against the American Public, Congress, other Federal Agencies, and Green Organizations. The Patriot Act is the biggest prank of all. When the Administration calls for unconditional renewal, I think of Loosey-Goosey "The sky is falling! The sky is falling!" I look forward to the atmostspheric explosion of the Bush Administration, and hopefully to the unconstitutional construction of a very UN-patriotic act.