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By Catharine Richert March 19, 2010
Back to Restrict warrantless wiretaps

One-year extension of Patriot Act doesn't include any changes

The last time we visited President Barack Obama's Promise 180, civil liberties advocates and intelligence experts predicted big changes would be made to the Patriot Act to give Congress more oversight over warrantless wiretaps.

No go, apparently.

Last fall, civil liberties groups were hopeful about two bills that included new, additional oversight.

One, by Senate Judiciary Committee Chairman Patrick Leahy, would have reauthorzied three expiring provisions of the Patriot Act with new reporting requirements and oversight authority. It would also have phased out the government's use of national security letters, documents used by the government to demand businesses or organizations turn over information about individuals.

Meanwhile, the House Judiciary Committee approved a bill that would have reauthorized a provision that allows the government to maintain wiretaps even if a suspect changes phone numbers or providers, but would have let another expiring provision lapse -- one that permits the government to track suspects that are not affiliated with any group or foreign country. The House bill also phased out the national letters program and modified the government's authority to conduct "sneak and peek" searches, those done in secret that require no prior notice.

But instead, back in February, Congress passed a one-year extension of three expiring provisions of the Patriot Act without changes. They include: a provision that would permit the government to seize, through court order, "any tangible things" deemed relevant in a terrorism inquiry; a provision that allows the government to establish "roving" wiretaps on suspects who switch phone numbers or providers; and a provision that gives the government authority to seek a court-ordered wiretap of "lone wolf" terrorism targets -- suspects that are not connected to a particular group or foreign nation.

Indeed, the Obama administration sent a letter to Congress in September 2009 urging renewal of the three expiring powers, but did not outline specifics to bolster oversight. In fact, the letter praised current oversight procedures as having worked well.

Civil liberties groups say the extension precludes further action on the issue this year. As a result, we're moving this promise to Stalled.

Our Sources

Politico, Senate votes to renew Patriot Act, by Jake Sherman, Feb. 24, 2010

Congressional Quarterly, House Sends One-Year Extension of Three Anti-Terrorism Provisions to Obama, by Emily Ethridge, Feb. 25, 2010

The Christian Science Monitor, Obama signs Patriot Act extension without reforms, by Michael B. Farrell, March 1, 2010

Department of Justice letter to Sen. Patrick Leahy, Sept. 14, 2009

The American Civil Liberties Union, letter to members of Congress, Feb. 25, 2010

The American Civil Liberties Union, Congress Drops the Ball on Upgrading Patriot Protections, Feb. 26, 2010

Congressional Quarterly, New Extension Likely for Key Patriot Act Provisions, by Keith Perine, Feb. 11, 2010

The American Civil Liberties Union, Breakdown of HR 3845, The USA Patriot Amendments Act of 2009, accessed March 16, 2010