Sneak-and-peek searches were used before the Patriot Act, but their legality was less clear. One case involved the FBI surreptitiously entering the office of an alleged mobster to implant a keylogger that recorded his PGP (Pretty Good Privacy) passphrase.
In a related 1979 case called Dalia v. United States, a majority of the US Supreme Court ruled that police could secretly break into an office to plant a bugging device and then return several weeks later to remove it.
In a dissent, Justice John Paul Stevens wrote: "Until Congress has stated otherwise, our duty to protect the rights of the individual should hold sway over the interest in more effective law enforcement." William Brennan and Thurgood Marshall joined the dissent.
Librarians up in arms
A section of the Patriot Act that does expire authorises secret court orders to obtain records or "tangible items" from any person or organisation if the FBI claims a link to terrorism. Disclosing the existence of the order is prohibited.
Librarians have been especially worried about receiving a Section 215 order. The American Library Association approved a resolution in 2003 that says portions of the Patriot Act "threaten civil rights and liberties guaranteed under the U.S. Constitution and Bill of Rights." (There's even an amend-section-215 Web site called ReaderPrivacy.com.)
Section 215 "has only been used to obtain driver's licence records, public accommodations records, apartment-leasing records, credit card records, and subscriber information" maintained by telephone companies or Internet providers, the Justice Department said Tuesday. "The department has not obtained a section 215 order for library or bookstore records, medical records, or gun sale records."
"The administration is taking claims of secrecy to new extremes," said Greg Nojeim, associate director of the American Civil Liberties Union's Washington office. "The use of this power could be disclosed regularly without any damage to national security." (The federal government discloses non-Patriot Act wiretap statistics every year.)
The Bush administration generally has defended such measures as necessary to wage a new kind of global campaign against loosely organised terrorist organisations. In a speech last month, Gonzales said: "Without security, government cannot deliver, nor can the people enjoy, the prosperity and opportunities that flow from freedom and democracy."
A coalition of liberal, conservative and libertarian groups called Patriots to Restore Checks and Balances is backing efforts to scale back the Patriot Act. Its members include the ACLU, the American Conservative Union, Gun Owners of America and the Libertarian Party.
The coalition is planning to back legislation expected to be announced soon that would repeal portions of the Patriot Act. Sens. Larry Craig, R-Idaho, and Richard Durbin, D-Ill., are planning to reintroduce their Security and Freedom Enhancement Act, which failed to win sufficient support last year.
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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.