For Immediate Release | Contact: Reid Cherlin | |||
May 26, 2005 | 202-225-5635 | |||
Nadler Introduces Bipartisan Stop Self-Authorized |
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“This bill protects Americans against unnecessary intrusion into their private lives, and more important, prevents abuse of power by the government,” Nadler says
Section 505 of the PATRIOT Act authorizes FBI field office directors to collect in secret almost limitless personal information from entities that are not under investigation themselves, but have customers whose records the government wants, simply by issuing a “national security letter” (NSL), which carries the weight of law simply on the weight of the FBI’s own assertion that the request is simply “relevant” to a national security investigation. A judge’s approval is not required, nor is any other external check, such as a grand jury. On top of that, the recipient of an NSL is forbidden from disclosing the demand to the targeted individual, and is forbidden even from consulting with an attorney. The NSL gives the FBI unfettered and secret access to the target’s internet history, correspondence, and records from financial institutions, insurance companies, travel agencies, car dealerships, post offices, and more. “We don’t want to take away the FBI’s ability to use NSLs,” Congressman Nadler said. “But we do want to make sure that those targeted by NSLs enjoy the due process rights afforded them by the Constitution. This bill protects Americans against unnecessary intrusion into their private lives, and more important, prevents abuse of power by the government.” Section 505 has already been found by a court to be unconstitutional, both on the grounds that it violates the First Amendment right to free speech, and because it violates the Fourth Amendment’s protection against unreasonable search and seizure.[1] The bipartisan Stop Self-Authorized Secret Searches Act would:
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