Patriot Act Emergency Disclosure Prompts Concerns

WASHINGTON, D.C. – As sections of the Patriot Act face expiration by the end of the year, the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security has been holding hearings to determine which sections, if any, should be renewed.

On May 5, the subcommittee focused its review on Section 212 of the Act that allows the government to obtain email and other electronic communications without a subpoena in "emergency" situations. The section allows the government to request that Internet service providers disclose either customer records or the content of customers' communications in any situation that involves "immediate danger of death or serious physical injury."

The Bush administration wants all the sections of the Patriot Act to be made permanent, but many Democrats on the judiciary committee are concerned over potential abuses, in particular Rep. Jeff Flake, R-Ariz., who feels that many of the more controversial parts of the Act should be reformed but not repealed.

James Dempsey, executive director of the Center for Democracy and Technology, said he supported renewal of Section 212 but that certain "checks and balances" should be added, although the Bush Administration has been vague in agreeing to any kind of congressional involvement in enforcing sections of the Act.

Dempsey recommended that Congress establish a remedy for abuse, barring the government from using information if it misleads the service provider into believing there was an emergency.

Rep. Sheila Jackson-Lee, D-Texas, said during the review that the term "emergency" could be used too broadly by government officials, and another representative, Rep. Dan Lungren R-Calif., said he was not concerned about the scope of Section 212, but he wondered why there should not be some kind of judicial review of information turned over to the government.

"What would be the harm in requiring some review by courts after the fact?" Lungren said.

Assistant Attorney General William Moschella said the administration was open to looking at any recommended changes to the Patriot Act, but he did not endorse any specific proposals.

According to a statement given by Moschella to the subcommittee, Section 212 has aided law enforcers in life and death situations, including in the case of an 88-year-old Wisconsin woman who was kidnapped and held for ransom in February 2003. Section 212 and other Patriot Act provisions were used to gather information, including communications provided by ISPs, that helped to identify several suspects in the case.

In his written testimony, Moschella stated that "precious time would be wasted" in emergency situations if the government had to wait for a court order or grand jury subpoena to obtain information under Section 212.

"Requiring such a time-consuming procedure would eliminate the vital benefits provided by Section 212, because, in some emergency situations, even a matter of minutes may mean the difference between life and death," he said.

Moschella said the administration would "certainly be concerned if the committee went in that direction."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Show More