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Post Info TOPIC: Loss for the Patriot Act.


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Loss for the Patriot Act.
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This href="http://news.yahoo.com/s/ap/20050615/ap_on_go_co/patriot_act_libraries;_ylt=AvJqsjls7by3oVJ0.WonirWs0NUE;_ylu=X3oDMTA2MTQ3MTFjBHNlYwN0cw--">Yahoo Politics story reports that a Bernie Sanders amendment will do away with the PA's rights to snatch our library records and book store receipts. A victory for the little guy. Let's crush the PA altogether.

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not so fast ,  the records are still availible ,  the agancy in question would have to follow the usual legal paths as they have to follow even with the patriot act in place , below is courtesy of the US FBI .








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Question: Can the FBI look at your library records any time they want?



Answer:
No, they cannot. Access to library records is strictly governed by law.


A person's library records may be subpoenaed by a federal grand jury for a specific case. Special Agents of the FBI are also able to obtain records with a criminal search warrant in the course of an investigation. Now, under Section 215 of the U.S.A. Patriot Act of 2001 (which does not single out library records, but applies to "books, records, papers, documents, and other items" from any source), the FBI may be granted authorization by the federal FISA court to access records in an investigation specific to international terrorism or foreign intelligence. In this last case, the FBI must certify to a judge that these records are sought "for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a U.S. person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution." In any investigation, of course, including those in which Section 215 is invoked, it is important to maintain secrecy both to protect the integrity of the case and to protect the reputation of the individual being investigated, in the event no charges are brought.




 


there is nothing unreasonable there ; nothing ;         so as i remember some of the bad guys in 9-11 were using library computers to communicate with ?    do you really want any possible future bad guys to have an easy way to communicate with their leadership that can not be traced or followed of intercepted  ?   


     i for one do not want to tie the hands of our law enforcement agencies .



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Mike I respect you views on the patriot act but don't agree with them. The ACLU has a lot to say about the act, most of it in direct contrast to the FBI's take.



 



USA PATRIOT Act









Just 45 days after the September 11 attacks, with virtually no debate, Congress passed the USA PATRIOT Act. There are significant flaws in the Patriot Act, flaws that threaten your fundamental freedoms by giving the government the power to access to your medical records, tax records, information about the books you buy or borrow without probable cause, and the power to break into your home and conduct secret searches without telling you for weeks, months, or indefinitely.

Some of these flawed provisions are set to expire at the end of the year. But President Bush wants to make them permanent, and the House and Senate have been holding hearings in preparation for votes that are expected in June and July.


Learn more about the flawed provisions in this legislation using the resources below. Find out how you can get involved, and help urge Congress to bring the Patriot Act in line with the Constitution.


http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207



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The following is another example of the loss of personal privacy. The excerpt below is a small portion of an article writen by Professor Susan Herman of the Brooklyn Law School. If this is the price of freedom I must ask, how free are we?


http://jurist.law.pitt.edu/forum/forumnew40.htm


The USA Patriot Act allows surveillance of U.S. citizens under standards more like FISA than Title III, and allows powers permitted under Title III to be employed even where there is no probable cause and minimal judicial involvement, as in FISA. FISA warrants may now be used even if intelligence is not the primary purpose of an investigation. “Roving wiretaps” are a good example of how the powers under Title III have been extended. The Department of Justice argued to the public that revision of existing wiretap law was necessary to keep up with modern technology – to allow a roving wiretap that would allow a person’s conversations to be intercepted even if the person carried a cell phone, or moved from phone to phone. Why should an investigation be limited to wiretapping one particular telephone, the argument ran, when modern telephone users frequently have access to several phones? The authority to issue an order for a roving wiretap already existed under Title III, for investigations where probable cause has been demonstrated. (The Supreme Court has not yet decided whether this blanket permission to intercept a person’s conversations on any telephone is a refreshing modernization of an antiquated notion that a telephone is a physical place, or a violation of the Fourth Amendment’s requirement that any warrant describe the “place to be searched” with particularity.) The USA Patriot Act extends the roving wiretap authority to intelligence wiretaps, which are authorized secretly and are not based on probable cause. The authorization may be nation-wide. Once additional telephones that a target uses (perhaps in someone else’s home) are being monitored, other users of that telephone will also be subject to continuing surveillance



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Outside view: Patriot Act problems
by Bob Barr
As published by UPI


http://www.theweekly.com/news/2004/September/10/Bob_Barr.html


Bob Barr, R-Ga., a former member of the House Judiciary Committee, served in Congress from 1995 to 2003.)
 



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Anonymous

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Since the PA's inception, Bush and his administration have abused it as much as possible. It grants them unprecedented power over other people, specifically, anyone who disagrees with him. They use it as a trump card whenever the normal storm of b.ss doesn't work. They cry "national security" and wave this document like a 5-year-old who just found his daddy's gun.


Phantom 



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Anonymous wrote:


They cry "national security" and wave this document like a 5-year-old who just found his daddy's gun. Phantom 


 
Excellent analogy Phantom. BTW - why haven't you gotten yourself one of them new-fangled sign ins? It's free or your money back. 

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It seem we have found some common ground Phantom, go figure. At least you leave your own mark on your posts, but signing in does have some perks. Think about it, I don't think Scotts records have been confiscated yet.

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Yes. I always know Phantom's posts, at least.

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But do we really know anyone?

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