[Infowarrior] - FBI Director Urges Renewal of Patriot Act

[Richard Forno]

Director of FBI Urges Renewal of Patriot Act
Portions of Law to Expire This Year

http://www.washingtonpost.com/wp-dyn/content/article/2009/03/25/AR2009032501862.html?hpid=sec-nation

By Carrie Johnson
Washington Post Staff Writer
Thursday, March 26, 2009; Page A08

FBI Director Robert S. Mueller III urged lawmakers yesterday to renew  
intelligence-gathering measures in the USA Patriot Act that are set to  
expire in December, calling them "exceptional" tools to help protect  
national security.

The law, passed shortly after the Sept. 11, 2001, terrorist attacks,  
created divisions between proponents, who said it was necessary to  
deter terrorism, and privacy advocates warning that it tramples on  
Americans' civil liberties. Portions of the law are up for  
reauthorization this year.

Mueller told members of the Senate Judiciary Committee he hopes that  
the reauthorization of two provisions would be far less controversial  
than in previous years. One of those provisions, which helps  
authorities secure access to business records, "has been exceptionally  
helpful in our national security investigations," he said.

In response to a question from  Sen. Benjamin L. Cardin (D-Md.),  
Mueller said that his agents had used the provision about 220 times  
between 2004 and 2007. Data for last year were not yet available, he  
said.

The measure allows investigators probing terrorism to seek a suspect's  
records from third parties such as financial services and travel and  
telephone companies without notifying the suspect. The American Civil  
Liberties Union has criticized the provision, saying it violates the  
First Amendment rights of U.S. citizens.

Another provision, permitting roving wiretaps of terrorism suspects,  
was used 147 times and has helped eliminate "an awful lot of  
paperwork," Mueller said. In the past, authorities had to seek court  
approval for each electronic device carried by a suspect, from a  
cellphone and a BlackBerry to a home computer. But under the  
provision, one warrant can cover all of those machines.

The ACLU issued a report this month describing "widespread abuse" of  
government authority under the Patriot Act.

"The Patriot Act has been disastrous for Americans' rights," said  
Caroline Frederickson, the director of the ACLU's Washington  
Legislative Office. "Congress should use this year's Patriot Act  
reauthorization as an opportunity to reexamine all of our surveillance  
laws."
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Agents' use of the Patriot Act and other sensitive investigative tools  
has been a source of friction between FBI officials and Democratic  
lawmakers.

Mueller said he has not had a chance to meet with new Justice  
Department or White House officials regarding their views on the  
Patriot Act. But at the Senate confirmation hearing for Attorney  
General Eric H. Holder Jr. in January, Mueller expressed at least  
moderate support for renewing the provisions that will sunset in  
December.

David Kris, an expert on intelligence laws, won unanimous Senate  
confirmation yesterday as the new leader of the Justice Department's  
National Security Division. He will play an important role in the  
Patriot Act reauthorization and in supervising the FBI's national  
security operations.

"It is important that [Congress] examine more specifics," Cardin told  
the FBI director. "We want to make sure you have the tools that you  
need and that you have appropriate oversight. There may need to be  
modifications . . . a fine-tuning of these provisions to make sure  
they are effective and used as intended by Congress."