For those of you who want to know more specifics about the reforms contained in the Senate bill, here are descriptions of the three most important features of Specter' bill that we want to see preserved in the conference between the House and Senate on Patriot Act reauthorization this September:
Section 215
The amendments to Section 215 (also known as the "library records" provision but reaching a vast array of personal records--including medical records, tax records, and gun purchase records and literally any "tangible thing") are the most important improvements. They would require some factual showing to a court about why the records sought are relevant to a foreign intelligence investigation; provide a meaningful basis for challenging such an order under the standards available for other subpoenas. Current law requires only a mere certification or specification that the records are sought for, or in other words relevant to, a foreign intelligence investigation and provides no right to challenge. The House version is basically a restatement of current law with an express right to challenge with a threshold so high as to be an illusion. The Senate version is superior, although it does not cure all the problems with this part of the Patriot Act.
Sneak & Peak Notification
The amendments to Section 213 (the power to get a court order to conduct sneak and peek searches of people's homes or businesses and delay telling you about it indefinitely) represent a significant improvement. Under the Senate reform, the statute would create a presumption that notification of such a search could be delayed up to seven days, although extensions would be allowed. The House version would allow for delays of up to 180 days (a. half a year) with additional extensions. Neither bill limits such secret searches to terrorism cases. The Justice Department recently admitted that 88 percent of the secret searches it had conducted under Section 213 have not involved terrorism. The Senate reforms to Section 213 are a step forward in limiting this power. Although it does not cure the fundamental flaws with such authority, it is definitely an improvement over the House version.
Sunset Provisions
The sunset, or expiration dates, in the Senate version are important to ensuring that there is greater accountability of the use of Section 215 and two other provisions by extending the power for four years. The House version would extend the sunset date on Section 215 and one other provision for ten years, entirely skipping the first term of the next President and making it harder to get information about how this administration will use these powers in the next three years. The Senate sunset, which does not repeal any powers or reach enough provisions, is significantly better than the House version.
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