FOR IMMEDIATE RELEASE

Legislation Gutting Privacy Standards Passes Congress; Several Provisions Survive Sunset

October 25, 2001 - The Senate today approved and sent on to the President an anti-terrorism package that would dismantle many privacy protections for communications and personal data. Many of the provisions are not limited to terrorism investigations, but would apply to all criminal or intelligence investigations.

"This bill has been called a compromise," said Jerry Berman, CDT Executive Director, "but the only thing compromised is our civil liberties."

The bill would:

• Allows government agents to collect undefined new information about Web browsing and e-mail without meaningful judicial review;
• Allow Internet Service Providers, universities, network administrators to authorize surveillance of "computer trespassers" without a judicial order;
• Overrides existing state and federal privacy laws, allowing FBI to compel disclosure of any kind of records, including sensitive medical, educational and library borrowing records, upon the mere claim that they are connected with an intelligence investigation;
• Allows law enforcement agencies to search homes and offices without notifying the owner for days or weeks after, not only in terrorism cases, but in all cases - the so-called "sneak and peek" authority;
• Allows FBI to share with the CIA information collected in the name of a grand jury, thereby giving the CIA the domestic subpoena powers it was never supposed to have;
• Allows FBI to conduct wiretaps and secret searches in criminal cases using the lower standards previously used only for the purpose of collecting foreign intelligence.

As passed, some of the surveillance provisions expire, or "sunset" in four years unless renewed by Congress. However, the sunset provision does not apply to the sharing of grand jury information with the CIA, giving the CIA permanent benefit of the grand jury powers. Nor does it apply to the provisions for sneak and peek searches or the provision extending application of the pen register and trap and trace law to the Internet.

The sunset also does not apply to ongoing investigations. Since intelligence investigations often run for years, even decades, the authorities will continue to be used even if they are not formally extended in 2005.

 

Contacts:
James Dempsey, CDT Deputy Director
jdempsey@cdt.org
202-637-9800

Jerry Berman
jberman@cdt.org
202-637-9800

---

# # # #

Back to Press Releases