With key provisions of the USA Patriot Act set to expire at the end of 2005, Congress is currently holding hearings to determine which elements of the law it should reauthorize.
Admirably, Idaho Sens. Larry Craig and Mike Crapo and Reps. "Butch" Otter and Mike Simpson are joining more liberal factions in trying to remove the act's most egregious violations of civil liberties.
Should the government be able to search large databases of medical and library records? We do not think so.
At present, officials can search the entire database of a hospital, even if it is only seeking information on one particular suspect. Recently released documents have shown that on dozens of occasions since 2003 the Justice Department has sought out information on apartment leasing, financial records and driver's licenses. What's more, record holders cannot reveal that the search has taken place. "Gag" rules of this sort serve to remove the already limited checks and balances on law enforcement authorities.
"Sneak and peek" provisions in the act allow the government to search first and inform later—how much later is not made clear in the law. This investigative "tool" applies to all cases, not just terrorism cases. It is a tool that will lead to abuse.
A final element of the act that needs greater scrutiny is the "file sharing" section. The White House, CIA, FBI and other agencies are currently allowed to pool their information on people—grand jury information, financial records, medical data, telephone and e-mail data—whether they are terrorism suspects or not. This is a dangerous precedent.
We encourage the Idaho lawmakers in their fight for a better balance between civil liberties and national security.
