Washington, D.C., October 31, 2003- Two years after the passage of the USA PATRIOT Act the debate over the controversial law continues. An increasing number of Americans from both sides of the political divide believe that the government has adopted intrusive policies which threaten America’s most fundamental value; liberty, without necessarily increasing security. In an effort to roll back some of the excesses of the PATRIOT Act; Senators Larry Craig (R-ID) and Richard Durbin (D-IL) have introduced the Security and Freedom Ensured (SAFE) Act.

Under the USA PATRIOT Act the government is permitted to conduct covert searches of people’s private property, take photographs, access computer files, and not tell the subject until a later date. The SAFE Act would sunset these ‘sneak-and-peek’ searches in 2005, and would require that secret searches only be allowed in special circumstances, otherwise Federal officials have to inform property owners of the search with a warrant as intended by the Fourth amendment. The measure also requires that notice be given within seven days of a search, rather than within a ‘reasonable’ amount of time which was allowed by the PATRIOT Act.

The PATRIOT Act also requires librarians and booksellers to disclose records of patrons to the government upon request. Federal agents can obtain records without any restraint and entire databases can be searched with no regulation or supervision, however, the SAFE Act requires that only the records of people suspected of being terrorists or spies can be acquired. In addition, approval to monitor phone calls shall only be granted once a judge finds reason to believe that a crime is being committed. Phone tapping will be limited to allow only the phone calls of the suspect to be monitored. Under the PATRIOT Act, the FBI could monitor the conversations not just of the suspect, but of anyone using phones used by the suspect.

The SAFE Act would also modify the definition of domestic terrorism to cover only activities that fall under the federal crime of terrorism and are dangerous to human life. Moreover, it would require that surveillance of computer users should take place with appropriate judicial review. In addition, the legislation calls for more public reporting by Federal law enforcement agencies of investigative techniques and of individuals being investigated.

The SAFE Act, which currently has seven Cosponsors, was introduced as a Senate counterpart to the Otter Amendment which effectively prohibits any implementation of section 213 of the PATRIOT Act. Section 213 authorizes federal agents to conduct physical and electronic searches of private residences without notifying occupants for an often indeterminate amount of time. The Amendment, introduced by Rep. C.L. Butch Otter (R-ID), passed in the U.S. House by a 309 to 118 vote, showing widespread bipartisan support for legislation that weakens the USA PATRIOT Act. Also Following Otter’s lead, Senator Murkowski of Alaska has introduced the Protecting the Rights of Individuals” Act, which similarly aims to curb some of the powers granted to law enforcement agencies by the PATRIOT Act. These developments demonstrate the growing impetus behind efforts to limit some of the government’s newly acquired powers.

The Security and Freedom Ensured Act

The Iranian American Political Action Committee is a registered federal political committee that contributes to candidates for federal office. Contributions are not tax-deductible as charitable deductions for federal tax purposes.