Senate Democrats propose surveillance law changes

[September 23, 2009]  WASHINGTON (AP) -- Democratic senators, beginning work on revisions to the nation's major counterterrorism law, want the government to meet tougher tests when requesting the right to conduct surveillance and seize records and other property.

Three expiring provisions of the USA Patriot Act provide Democrats with the opportunity to rewrite parts of the law -- and curb what they consider abuses of Americans' civil liberties and privacy during the Bush administration.

A bill with significant changes, sponsored by Chairman Patrick Leahy, D-Vt., and Sens. Ted Kaufman of Delaware and Ben Cardin of Maryland, was introduced prior to a Senate Judiciary Committee hearing Wednesday.

The House Judiciary Committee held its first hearing on Patriot Act revisions Tuesday, but no bill has been introduced. Liberal Democrats who control the House panel said the Obama administration has not been specific enough in offering better protections -- even as the Justice Department is urging continuation of the provisions that expire Dec. 31.

The Senate proposal would authorize the expiring provisions through Dec. 31, 2013. It also would set the same expiration date for national security letters, which are FBI demands for obtaining tangible items without court warrants.

In making standards tougher for the government in secret requests to a special foreign surveillance court, the bill would require that the records sought be relevant to an investigation. At a minimum, the records must be linked to a suspected agent of a foreign power.

The bill also would modify the current standard for a national security letter. It would require a statement of facts showing reasonable grounds to believe the information sought is relevant to an authorized investigation.

Democrats accused the Bush administration of using these letters to skirt the special foreign surveillance court. All three of the expiring sections require approval of the special court.

The expiring Patriot Act provisions provide:

-Roving, court-approved wiretaps that allow surveillance on multiple phones. Law enforcement is not required to ascertain that a suspected foreign terrorist is actually using the phones being tapped.

-That businesses produce "any tangible things" at the FBI's request.

-Authority to conduct surveillance against a so-called "lone wolf," a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.

The legislation attempts to increase accountability to Americans about counterterrorism operations.

It would require the Justice Department's inspector general to conduct audit reports on the government's use of national security letters as well as document requests to the foreign intelligence surveillance court.

The inspector general previously reported on a 2006 case, when the FBI twice asked the court for an order seeking "tangible things" in a counterterrorism case.

After the court denied the request both times, citing the danger to First Amendment rights, the FBI continued the investigation using three national security letters.

The Bush administration separately had the National Security Agency -- without warrants -- eavesdrop on Americans and others inside the United States to search for terrorist activity. That controversial program ended before Bush left office.

[Associated Press; By LARRY MARGASAK]

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