http://kennedy.senate.gov/index_high.htmlApril 5, 2005
STATEMENT BY SENATOR EDWARD M. KENNEDY ON PATRIOT ACT
FOR IMMEDIATE RELEASE CONTACT: Laura Capps / Melissa Wagoner (202) 224-2633
Congress was wise to include a sunset provision in the Patriot Act to require its key provisions to be re-examined at a later time. In the years since 9/11, many of us have become concerned that the Act needlessly overrides basic freedoms, and we have an opportunity now to restore them without in any way endangering our national security.
Nearly 400 cities and towns and four state legislatures have issued resolutions expressing some kind of concern over the Act's excessive reach. Republicans and Democrats alike have criticized the Act.
As an example, concerned citizens from all parts of the political spectrum are disturbed by the Bush Administration's unqualified support for section 215 of the Act, which allows government agents to collect data on citizens -- such as the books they buy, the goods they purchase, or their medical records -- even their church records -- without significant evidence connecting them to a crime or to foreign agents linked to terrorism.
The power to do so is granted by a secret court on certification by the FBI that the items are sought for a national security investigation, and the secret court order can't be challenged in any way.
We need to permit the FBI to pursue legitimate leads, but it's not too much to ask that reasonable restrictions be applied to prevent gross abuse of power.
Section 505 of the Act grants the FBI the powers to obtain bank and financial records, telephone and e-mail logs, and credit reports without any challenge or oversight at all, even from the secret court. All that's needed is the FBI's statement that the information is required for a national security investigation. A trial judge has already found that the use of such power violates the First and Fourth Amendments to the Constitution.
Surely, it's time to correct these and other controversial provisions of the Act. We can protect individuals, libraries, bookstores, and churches from "fishing expeditions", without undermining the legitimate needs of National Security. Our fundamental constitutional safeguards are indispensable to our democracy. They're a source of our country's strength, not luxuries or inconveniences to be ignored in times of crisis.