US Patriot Act Under Rights Groups Fire

WASHINGTON-- Leading civil liberties groups in the United States are pushing against the renewal of some provisions of the controversial Patriot Act, the post-9/11 law which many think indiscriminately violates Americans’ rights, particularly Arabs and Muslims.

"Most Americans than expected would end up in government databases,” Michelle Richardson, a Legislative Consultant for the American Civil Liberties Union (ACLU), told IslamOnline.net.

“I think people are generally unhappy about that."

Amendments to two provisions of the Patriot Act, which are set to expire by the end of the year, have already been introduced in Congress but have yet to be approved by both the House and Senate.

But civil rights groups say the amendments to the provisions which have swept innocent people into the government's investigations are not enough.

“The government has been very ambiguous of what is and not allowed," says Leigh O’Neill, Director of Government Relations at the Arab American Institute.

"I don’t know if people feel safe right now. There’s work to do."

One of the provisions expiring is the Section 206, also called the "roving wiretap provision", which allows the government to tap phone lines and Internet accounts.

Under Section 215, federal officials can get Foreign Intelligence Surveillance Court (FISC) orders to get "any tangible thing," such as business records, in connection with terrorism investigation.

The new amendments would require the government to name either the person or place being tapped and require specific facts linking the evidence sought to an authorized investigation foe issuing the FISC orders.

Though not expiring, the National Security Letters (NSL) provision, which has come under scrutiny from rights groups and even the Department of Justice, is also being amended.

"The FBI can send letters without judicial review,” says O’Neill. “There's no evidence that a business needs to be directly involved in an investigation."

Even supporters of the Patriot Act like Matthew Kroenig, assistant professor in the Department of Government at Georgetown University, see certain flaws in it.

Kroenig says one of the more threatening aspects of the Patriot Act is how it has broken the separation between domestic intelligence and law enforcement.

The Patriot Act was signed into law by a landslide eight years ago, less than a month after 9/11 terrorist attacks.

The law gave the government a raft of new powers which include phone tapping and search without warrants and surveillance of internet records and bank accounts.

Targeted

O’Neill, of the Arab American Institute, says the Patriot Act has targeted minorities in the US.

"The extended powers of search and seizure and increased domestic surveillance have alienated a community that is really eager to participate in and protect this county."

Arabs and Muslims have taken the brunt of an over-zealous use of the law.

A backlog of Muslim charities were targeted by federal authorities empowered by the Patriot Act in the wake of the 9/11 attacks on claims of channeling funds to groups designated as terrorist like Hamas and Lebanese Hizbullah.

The intense government pressures on charities have forced them to stop transferring much-needed aid to orphanages in Muslim countries in order to keep operating at home.

"It's preventing members of our community from giving and charities abroad are suffering from that lack of charitable donations,” added O’Neill.

“They're scared of being monitored or tracked to a 5th degree of separation to criminal activity abroad.”

Rights activists lament that the debate around them comes while Americans are fixated on the health care debate.

"Right now, we are in a perfect storm of health care and other issues that have drawn attention away from it,” says Richardson.

But O’Neill hopes that under a new administration, a better approach can bring communities, law enforcement on every level and ordinary Americans to the table so neither national security or civil liberties are compromised.

"Given the new administration, given the dynamics in Congress, it’ll reveal a lot about the character of the political climate right now and we can expect for genuine political reform."

By Aisha Qidwae, IOL Correspondent

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