February 11, 2004 Letter to Senators Warner and Allen
and Representative Moran
and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
February 11, 2004
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Senators Warner and Allen and Representative Moran:
I am writing today to ask that you support the Security and Freedom Ensured Act (SAFE Act, S 1709/HR 3352). Supported by a bipartisan coalition of lawmakers and advocacy groups, SAFE seeks to correct the worst excesses of the hastily enacted USA PATRIOT Act. SAFE aims to protect Americans’ civil liberties by making modest but important changes to several of PATRIOT’s most troublesome provisions. Specifically, SAFE:
* Prevents the government from accessing library records without judicial approval.
* Limits the use of “John Doe roving” wiretaps. Under the PATRIOT Act, the DOJ can get wiretaps for foreign intelligence investigations without ever specifically identifying the person (hence “John Doe”) or place (hence “roving”) to be tapped. SAFE would ensure that these Foreign Intelligence Surveillance Act (FISA) wiretap orders don’t violate the 4th Amendment.
* Limits the use of secret “sneak & peek” searches. The FBI should only be allowed to secretly search someone’s home if it is absolutely necessary. SAFE would limit secret searches to those situations where notice would endanger life or limb, result in flight from prosecution, or result in evidence destruction or tampering.
* Expands PATRIOT’s “sunset” provision. SAFE would ensure that the most damaging sections of PATRIOT will expire at the end of 2005.
* Protects Americans’ sensitive, personal information from government access without justification. SAFE protects private records held by third parties, such as financial and medical records. SAFE restores the pre-PATRIOT requirement that the FBI present specific facts to a judge that indicate that the party whose records are sought is a spy or an international terrorist before a court order is issued.
The SAFE Act would substantially mitigate the civil liberties threats posed by PATRIOT while still ensuring that law enforcement has the tools necessary to combat terrorism. I hope you will support the SAFE Act and ensure that the “War on Terror” is waged in a manner consistent with our Constitutional rights. I also hope that, when the time comes, you will fight renewal of any expiring sections of the PATRIOT Act.
Sincerely,
James Landrith