Lawmakers introduce measures to dilute antiterror bill

There appears to be a groundswell of opposition to current language in the sweeping anti-terrorism law known as the USA Patriot Act in the the passel of bills introduced by lawmakers last week.

Alaska Republican Sen. Lisa Murkowski introduced S. 1552, co-sponsored with privacy advocate Sen. Ron Wyden, R-Ore., as one of nearly a half-dozen measures seeking to curtail the expanded surveillance powers granted to law enforcement by the act, which was enacted into law shortly after the Sept. 11, 2001, terrorist attacks.

Sen. Russ Feingold, D-Wis., the only senator to vote against the 2001 measure, and Rep. Bernard Sanders, I-Vt., and Rep. C.L. (Butch) Otter, R-Idaho, also introduced similar bills.

The measures offered by Feingold and Sanders address a controversial provision permitting police to access library, bookstore, medical and other business records without stringent requirements. Meanwhile, Otter successfully added an amendment to the House version of a spending bill funding the Commerce, Justice, and State departments barring federal funds for police to conduct secret searches authorized by the Patriot Act.

A significant feature of Murkowski's bill would reverse a key part of the law's application to foreign intelligence by requiring the government to certify that foreign intelligence remained the "primary purpose" of electronic surveillance.

"My goal is simply to make sure that our laws are balanced," Murkowski said in a statement. "I want to make sure that law enforcement has all the tools they need to protect us, while also protecting our individual freedoms and liberties-the very same principles upon which the United States was founded and that make this nation so great today."

The bill also would limit delayed notification provisions to cases in which terrorism has been suspected, and it would put strict judicial checks on enforcer's ability to access records. It would raise the standard for access to medical records, library records or records involving the purchase or rental of books, videos and music such that the government must show "probable cause" in such investigations.

"This raises the bar," said Isaac Edwards in Murkowski's office. Police now will need to say, "This is why we think we believe we need this court order to get this document."

The Murkowski bill also limits the definition of domestic terrorism, requires police to specify to court either the target or location of an electronic surveillance, adds judicial review searches involving phone numbers dialed, and requires greater public reporting of foreign intelligence surveillance laws.

Americans for Tax Reform and the Rutherford Institute, traditionally conservative organizations, joined with 12 other privacy groups to lend their support for S. 1552.

"It is now clear that parts of the Patriot Act will be rolled back this Congress as a result of the momentum that is turning toward civil liberties," said American Civil Liberties Union Legislative Counsel Tim Edgar. "Members of Congress are agreeing that these provisions of the Patriot Act go too far."