In other words: A discussion of The Bush Administration
Is America still free? Debate.
Congress Expands FBI Spying Power
Congress approved a bill on Friday that expands the reach of the Patriot Act, reduces oversight of the FBI and intelligence agencies and, according to critics, shifts the balance of power away from the legislature and the courts.
A provision of an intelligence spending bill will expand the power of the FBI to subpoena business documents and transactions from a broader range of businesses -- everything from libraries to travel agencies to eBay -- without first seeking approval from a judge.
Under the Patriot Act, the FBI can acquire bank records and Internet or phone logs simply by issuing itself a so-called national security letter saying the records are relevant to an investigation into terrorism. The FBI doesn't need to show probable cause or consult a judge. What's more, the target institution is issued a gag order and kept from revealing the subpoena's existence to anyone, including the subject of the investigation.
The new provision in the spending bill redefines the meaning of "financial institution" and "financial transaction." The wider definition explicitly includes insurance companies, real estate agents, the U.S. Postal Service, travel agencies, casinos, pawn shops, ISPs, car dealers and any other business whose "cash transactions have a high degree of usefulness in criminal, tax or regulatory matters."
Justice Department officials tried earlier this year to write a bill to expand the Patriot Act. A draft -- dubbed Patriot II -- was leaked and caused such an uproar that Justice officials backed down. The new provision inserts one of the most controversial aspects of Patriot II into the spending bill.
Intelligence spending bills are considered sensitive, so they are usually drafted in secret and approved without debate or public comment. Emphasis Mine.
Democracy depends on an open airing of issues of the day. If a proposed law can not stand up to the light of day is the passing of the law hidden in another piece of legislation democratic?
- rob 4:22 PM - [PermaLink] -
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