Dec 2003

Two years subsequent to the September 11, 2001 attacks on the United States and at the two-year anniversary of the USA PATRIOT Act's passage, the Bush Administration continues to erode our basic civil liberties in the guise of safety and security. Yet the ACLU, with consistency of message and mission, is gaining ground in the protection and preservation of our civil rights and liberties.

Earlier this year we began to witness the astonishingly diverse support in this country for basic freedoms. In the U.S. Congress this summer, Republican Rep. "Butch" Otter from Idaho-a conservative former agribusiness executive with a mere 20-percent rating on the ACLU's legislative scorecard-ushered legislation through the House of Representatives to prohibit spending on the USA PATRIOT Act's "sneak-and-peak" provision, which permits FBI agents to secretly search your home-and not notify you for an indeterminate amount of time. The Otter Amendment passed the House overwhelmingly by a vote of 309 to 118.

In response, the Justice Department sent Otter a scathing letter aimed at bringing him and others back into the fold. But members of both parties began working on bills to repair other egregious provisions of the Act

Senators Lisa Murkowski (R-Alaska) and Ron Wyden (D-Ore.) introduced the "Protecting the Rights of Individuals Act" to rein in overly broad sections of the PATRIOT Act. Sen. Russell Feingold (D-Wis.) introduced a bill to fix Section 215, which grants the FBI broad authority to secretly obtain Americans' library, medical records and more.

Across the country, grassroots activists are making their voices heard. By summer's end, more than 200 local governments-and three states-had adopted resolutions that rhetorically and practically take a stand for civil liberties. These resolutions weren't just from progressive cities, but included such conservative and libertarian enclaves as Castle Valley, Utah and the proudly independent state of Alaska.

On July 30, citing the First and Fourth Amendments, the ACLU filed the first affirmative constitutional challenge to the USA PATRIOT Act. The lawsuit focuses on the Act's infamous Section 215. This portion of the law permits the FBI to order any organization to turn over "any tangible thing," as long as the FBI claims that the tangible thing is "sought for" in an ongoing foreign-intelligence or terrorism investigation. This gives the government access to all sorts of extremely personal information, including medical records, e-mails, library records, bookstore purchases and even genetic information. Furthermore, Section 215 can be used against anyone-including United States citizens and permanent residents-and it does NOT require the FBI to have "probable cause" to believe that its surveillance target is engaged in criminal activity, terrorism or espionage. The National ACLU and the Michigan Affiliate filed the lawsuit in U.S. District Court in Detroit, on behalf of six organizations representing civil rights, immigrants' rights, and religious organizations whose members believe that they have been and will continue to be targeted under the PATRIOT Act.

In searching for terrorists, we must not investigate without regard to established law and policies. We must not sacrifice our freedom and liberty in order to prosecute the "War on Terrorism." As Americans, we have every right to be proud of our constitutional rights and freedoms. In being proud of these rights, we must make every effort to promote and enlarge our privacy rather than sacrifice it in a time of anxiety and concern. As Americans, we can be both Safe AND Free!

O