Democrats Back Down on Patriot Act

WASHINGTON — Sen. Russell Feingold, D-Wisc., and his small band of fellow Patriot Act opponents were overwhelmingly outvoted when the Senate approved renewal of the U.S. Patriot Act by a vote of 89-10.

Feingold, the only senator to vote against the Patriot Act in 2001, said his months-long battle against renewal of the law was doomed after the White House and Congressional Republicans -- with the help of Sen. Patrick Leahy, D-Vt. -- drafted a compromise measure promising new protections against abuses of the Act’s almost limitless surveillance power.

The new bipartisan measure would "require a more reasonable period for delayed-notice search warrants, provide enhanced judicial review of [Foreign Intelligence Surveillance Act] orders and national security letters, require an enhanced factual basis for a FISA order and create national security letter sunset provisions.”

Critics, such as Feingold and Rep. Dennis Kucinich, D-Ohio, point out that the new “protections” are far from a victory for civil liberties, since most were already in earlier versions of the law, and suspected abuses took place, nonetheless.

One of the problems, they say, is that the Bush administration and Justice Department seek out sympathetic judges who will interpret the law in their favor when deciding whether to grant search warrants.

For example, a magistrate judge in Orlando, Fla., in 2003 denied a Justice request for a search warrant on a California website suspected of child pornography on the grounds that the Patriot Act was drafted expressly to be used to fight terrorism and that it clearly limited district court authority to issue out-of-jurisdiction search warrants only to cases involving terrorism investigations.

The government appealed to a federal judge who issues the warrant with no explanation. There is no record that child pornography charges were ever filed against the unnamed website or any of its visitors.

In a similar case last year, the same Florida judge denied a warrant that would have forced Yahoo, based in Sunnyvale, Calif., to hand over usage logs (under the Patriot Act, users whose Internet usage logs are being searched do not have to be notified).

Again, a federal judge trumped his decision, saying that he believed Congress intended for the Act to be used to justify out-of-district search warrants for cases other than terrorism investigations, even though the law makes no specific mention of such widespread search powers.

Documents related to the above cases were sealed until earlier this year, leading to speculation regarding how many other warrants have been granted in a similar fashion without the knowledge of computer users or the public.

Kucinich expressed outrage this week following renewal of the Act, saying, “The Patriot Act threatens the civil liberties of every citizen of this nation, and is a full-frontal assault on the Bill of Rights and the Constitution. The Patriot Act permits the government to continue to conduct criminal investigations without probable cause, to conduct secret searches, to gain wide powers of phone and Internet surveillance and access highly personal … records with minimal judicial oversight.”

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

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

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.

Show More