USA PATRIOT Act Reauthorization Criticisms

United States Attorney General Alberto Gonzalez has come out against the Senate version of the USA PATRIOT Act reauthorization legislation, which we discussed earlier, here.^[1] He prefers the House’s version, saying “[t]here are certain provisions of the Senate version that make it more difficult to protect our country.”^[2]

Although the majority of the USA PATRIOT Act would become permanent under both versions, the competing bills differ in a couple of key areas. The Senate legislation contains tighter restrictions on the FBI’s ability to obtain business records, and it contains four-year sunset provisions on the two most controversial aspects of the Act.^[3] Sections 206 and 215 would sunset on December 31, 2009 in the Senate version of the bill, whereas they would sunset after 10 years in the House version.

Section 206 concerns “roving wiretaps” and section 215 concerns access to certain business records, including those held by libraries.

Attorney General Gonzalez’s criticisms were voiced as a poll conducted by the University of Connecticut was released that found that while a majority of Americans support the Act, less than half know details about it, and the more they discover about it, the less they support it.^[4]

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[1] Dan Eggen, Gonzales Faults Senate Version of Patriot Act Legislation, Wash. Post, Aug. 30, 2005, ar A9, available here.
[2] Id.
[3] Id.
[4] See Poll: Patriot Act Support Shrinks as More Learn Intent, USA Today, Aug. 30, 2005, available here.