Topic: Patriot Act
USA Patriot Act for Dummies - Part 1

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A person or organization forced to turn over records is prohibited from disclosing the search to anyone. As a result of this gag order, the subjects of surveillance never even find out that their personal records have been examined by the government.

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by Jake Morphonios
(Conservative Libertarian)
Tuesday, March 25, 2008

1. Expanded access to personal records held by third parties

One of the most significant provisions of the Patriot Act makes it far easier for the authorities to gain access to records of citizens' activities being held by a third party. At a time when computerization is leading to the creation of more and more such records, Section 215 of the Patriot Act allows the FBI to force anyone at all - including doctors, libraries, bookstores, universities, and Internet service providers - to turn over records on their clients or customers.

Unchecked power

The result is unchecked government power to rifle through individuals' financial records, medical histories, internet usage, bookstore purchases, library usage, travel patterns, or any other activity that  leaves a record.

To make things worse, the government no longer has to show evidence that the subjects of search orders are an "agent of a foreign power," a requirement that previously protected Americans against abuse of this authority.

The FBI does not even have to show a reasonable suspicion that the records are related to criminal activity, much less the requirement for "probable cause" that is listed in the Fourth Amendment to the Constitution. All the government needs to do is make the broad assertion that the request is related to an ongoing terrorism or foreign intelligence investigation.

Judicial oversight of these new powers is essentially non-existent. The government must only certify to a judge - with no need for evidence or proof - that such a search meets the statute's broad criteria, and the judge does not even have the authority to reject the application.

Surveillance orders can be based in part on a person's First Amendment activities, such as the books they read, the Web sites they visit, or a letter to the editor they have written.

A person or organization forced to turn over records is prohibited from disclosing the search to anyone. As a result of this gag order, the subjects of surveillance never even find out that their personal records have been examined by the government. That undercuts an important check and balance on this power: the ability of individuals to challenge illegitimate searches.

Why the Patriot Act's expansion of records searches is unconstitutional:

Section 215 of the Patriot Act violates the Constitution in several ways. It:

Violates the Fourth Amendment, which says the government cannot conduct a search without obtaining a warrant and showing probable cause to believe that the person has committed or will commit a crime.

Violates the First Amendment's guarantee of free speech by prohibiting the recipients of search orders from telling others about those orders, even where there is no real need for secrecy.

Violates the First Amendment by effectively authorizing the FBI to launch investigations of American citizens in part for exercising their freedom of speech.

Violates the Fourth Amendment by failing to provide notice - even after the fact - to persons whose privacy has been compromised. Notice is also a key element of due process, which is guaranteed by
the Fifth Amendment.

Next Lesson: USA Patriot Act for Dummies - Part 2

Other articles by Jake Morphonios:

USA Patriot Act for Dummies - Introduction

Ron Paul's Meeting with Rogue Farmers

Reasons Why Ron Paul Opposes a National ID Card

Dozens more articles by Jake Morphonios may be found here:

The Liberty Tree

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2008 Jake Morphonios, all rights reserved.
Published: Tuesday, March 25, 2008
Last modified: Tuesday, March 25, 2008

The views expressed in this article are those of Jake Morphonios only and do not represent the views of Nolan Chart, LLC or its affiliates. Jake Morphonios is solely responsible for the contents of this article and is not an employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.

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