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Expanding their Reach: Congress May Grant the FBI More Power

Intelligence Committee Chairman Pat Roberts (R- Kansas) has proposed legislation that would expand the controversial Patriot Act by allowing the F.B.I. to issue its own subpoenas for personal records and documents.

The bill has Democrats and civil liberties advocates fuming, and if the legislation makes it to the Senate floor, it’s sure to incite a major battle.

The details

Senator Roberts, President Bush, and the Justice Department want the F.B.I. to be able to issue subpoenas without a judge’s approval -- called administrative subpoenas -- in terror investigations.

They argue that administrative subpoenas would help investigators to track terror suspects more quickly, thereby improving national security. And proponents note that the F.B.I. can already use this power when investigating 300 other types of crimes, including drug trafficking and health care fraud. It makes sense, they say, to extend the same authority to the war on terror.

But Democrats argue that the bill would give the F.B.I. unrestricted authorization over personal documents like financial, medical, and tax records. They say that investigators should have to go to a judge before having access to such information.

But the bill’s supporters claim that safeguards are built into the legislation. Administrative subpoenas would have to be authorized by F.B.I senior officials, and the Justice Department would have to report its use of the power twice a year.

But Lisa Graves, senior counsel for the American Civil Liberties Union (ACLU) contends that the bill would greatly expand the government’s power to peek into our private lives. Further, Democrats complain that the bill’s mark up is scheduled for a closed-door session; they say that the Patriot Act discussion should be open to the public.

Behind closed doors

Roberts contends that the meeting must occur in private because the committee will be discussing classified material about terror investigations.

Along with Roberts’ proposal, the Intelligence Committee will consider making permanent the Patriot Act provisions that are set to expire. Among them is Section 215, most famous for allowing the F.B.I. to obtain an individual’s library records.

It is President Bush’s legislative priority to make permanent the expiring provisions before they sunset in December 2005, but he may not have the support that he needs in Congress. Many Senators, including Republicans, are ambivalent about the Patriot Act, and several state legislatures have passed resolutions opposing the law, including Montana and New Mexico.

Patriot Act basics

In the aftermath of September 11, Congress passed the USA Patriot Act with overwhelming support.

Many of our leaders say that better intelligence could have prevented the terrorist attacks, and the Patriot Act is a response to that failed intelligence. It increases the government’s ability to collect information that may (or may not) lead to the capture of terrorists.

The Patriot Act is made up of both temporary and permanent provisions that give the Justice Department and the FBI new freedoms. Some of the temporary provisions allow for the interception of email and phone calls, the seizure of voice mail, and/or physical or electronic surveillance of suspected terrorists.

Do you need privacy?

It goes without saying that an increase in surveillance equals a decrease in privacy. To what extent are you willing to give up your privacy for protection? Although it may be unlikely that you yourself are being watched, do you think it is appropriate for privacy protection to decrease in general? Should we limit one freedom to protect another?

What do you think?

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Update Posted on: 5/24/2005