hortysir
In Memorial of 47
- Apr 30, 2010
- 20,518
- 4,262
Your wish is my command. Is the Heritage Foundation CON$ervative enough for you? Please reward.
After Bin Laden: Support the PATRIOT Act
After bin Laden: Support the PATRIOT Act
Section 215 of the PATRIOT Act: Business Record Orders under FISA. Domestic prosecutors routinely rely on business records and other concrete evidence to prove a wide variety of criminal charges from simple theft to homicide. Law enforcement, working with local prosecutors, acquires this evidence throughout the course of an investigation, often through the use of a subpoena. However, national security agents did not have the same authority to acquire similar evidence prior to the passage of Section 215. They had to obtain a court order and were limited to those records held by a business that was a common carrier, public accommodation facility, physical storage facility or vehicle rental facility.
Section 215 eliminated those arbitrary, dangerously narrow and self-limiting provisions but required that the records sought are relevant to an authorized investigation. However, unlike a standard prosecutor-issued subpoena, or even a grand jury subpoena, an order issued under Section 215 requires FISA court approval. In other words, Congress inserted a federal judge between investigators and potential suspects. Furthermore, the law requires substantial congressional oversight.
This provision allows law enforcement, with approval from the FISA court, to require disclosure of documents and other records from businesses and other institutions without a suspects knowledge. Third-party recipients of Section 215 orders can appeal the order to the FISA court.
Section 215 further protects civil liberties by requiring additional approval for document requests that might have the slightest relation to freedom of speech and expression, such as library records.
As Wainstein testified, There is no reason to return to the days when it is easier for prosecutors to secure records in a simple assault prosecution than for national security investigators to obtain records that may help prevent the next 9/11.
I was thinking of something more personal like, say, a quote of somebody here applauding it back then
You have got to be kidding. There are nutters here who STILL support it.
Me?
Kid?
Parish the thought
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