Debate Patriot Act carefully

Published: Thursday, Dec. 29 2005 12:00 a.m. MST

There's an adage in politics concerning compromise: Half a loaf is better than none at all.

In the case of the USA Patriot Act, the Bush administration escaped but with a few slices of bread. Instead of a permanent extension of expiring provisions of the act as the administration had sought, Congress authorized a one-month extension of powers that permit the FBI to intercept wire, spoken and electronic communications relating to terrorism, including roving wire taps.

That means Congress will debate again in January the merits of the government's anti-terrorism powers. The debate will be conducted amid growing concerns about protecting Americans' civil liberties. Particularly troubling are recent news reports that President Bush had permitted the National Security Agency to eavesdrop on Americans without court approval. Congress needs to set aside ample time to debate the act — with particular attention to sneak-and-peek and gag provisions as well as searches authorized only by National Security Letters, warrants that skip judicial approval.

The original USA Patriot Act passed overwhelmingly and quickly in the wake of the 9/11 attacks. However, many troubling issues have surfaced since. Congress must weigh whether Americans' civil rights have been compromised under the guise of national security. President Bush maintains all provisions of the Patriot Act are needed to disrupt terrorist plots and break up cells here in the United States.

On the one hand, neither Congress nor the Bush administration wants to give the appearance that the United States has softened its stance against terrorism. But at the same time, Americans' civil and constitutional rights must be protected. These protections are perhaps of greatest importance when the nation is under threat.

In Congress' zeal to protect the homeland, some civil and constitutional rights were diluted under the Patriot Act. For instance, the FBI can access an individual's financial, library and computer records. Secret searches of private homes can be conducted, without notifying the owners until much later. As Americans have learned recently, federal officials can bypass normal procedures to obtain warrants.

These disturbing developments require rigorous debate. This time, Congress has time and distance from the emotions surrounding 9/11 to strike a balance between Americans' constitutional and civil rights and the tools the administration legitimately needs to stop terrorists.

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