The Senate voted Monday, May 23, to go forward with debate on reauthorization of several provisions of the Patriot Act. Media reports indicated that House Speaker John Boehner, R-Ohio, and Senate Majority Leader Harry Reid, D-Nev., reached agreement last week on reauthorization of the controversial law.
The agreement would reauthorize parts of the law that allow federal authorities to perform roving wiretaps, examine personal records (such as library records), and a so-called lone wolf provisions that allows the government to apply these provisions to individual terrorist suspects who aren't connected to terrorist organizations. Each provision requires judicial warrants from secret federal courts to be used by law enforcement authorities.
Still, the move prompted a strong reaction from the civil rights and civil liberties community. In a statement, the Rights Working Group (RWG), a coalition of dozens of local and national civil rights organizations, described the deal as a failure to take steps to protect privacy rights.
“The Patriot Act grants the government unfettered surveillance authority. Congress must seize the opportunity to reform this overbroad legislation that has repeatedly been misused by federal law enforcement to engage in racial profiling of American citizens and residents,” said Margaret Huang, executive director of RWG.
Federal authorities have "repeatedly" abused the roving wiretaps and library records provisions, RWG charged. Because the lone wolf provision has never been used and no authorities have made the case for its continued use, the RWG statement added, it should not be reauthorized.
As a remedy, RWG is seeking three major reforms to the law before reauthorization. Amendments to the reauthorization bill should rein in the nearly unfettered surveillance authority currently allowed under the Patriot act in order to protect civil rights and liberties.
Reauthorization should only occur with the inclusion of the "End Racial Profiling Act," which prohibits profiling based on race, religion, national origin and ethnicity by law enforcement authorities on all government levels.
In addition, the Department of Justice should strengthen its Guidance on the Use of Race by Federal Law Enforcement Agencies. This guidance should bolster enforceability of the DOJ's prohibitions on racial profiling and should include religion and national origin in its guidelines, RWG said.
Racial profiling reduces security and violates Constitutionally protected and internationally protected equal protection and due process rights, RWG explained. According to a fact sheet on the RWG website, racial profiling increase mistrust for law enforcement authorities in targeted populations. This mistrust leads members of those communities to refuse to report other crimes or to come forward as witnesses. Communities are made less safe, RWG reported, citing a 2006 Department of Justice study on the matter.
“The Patriot Act, passed in the aftermath of Sept. 11, significantly curtailed civil liberties and rights that historically have been protected by the U.S. Constitution,” said Huang. “Instead of reauthorizing the law’s troublesome provisions until 2015, Congress should take the time it needs to amend the law and restore civil rights and civil liberties to all Americans.”
Photo by Daniel Lobo/cc by 2.0/Flickr
