Guest post by Gary Farber. Gary's home blog is Amygdala, and he invites you to read him there.
[Eric Martin: My friend Gary is going to be pitching in for a couple of days as I adjust to the enhanced parenting techniques that my son is submitting me too. And yes, sleep deprivation is torture.]
On December 31, 2009, three provisions of "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001," aka the "PATRIOT Act," sunset and expire.
Bills to reauthorize or amend these three provisions have been moving through the Congressional Judiciary Committees in the past two months.
The three sections are:
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting 'or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,' after 'specified person'.
This is also known as "the John Doe" provision.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Also known as the section dealing with "national security letters," by which:
The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities [….]
The third is:
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
What are these about, and why should we care?, you ask. As the ACLU explains:
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