The unpatriotic Patriot Act

Philadelphia Inquirer: As Congress considers renewing key sections of the sweeping antiterrorism Patriot Act this year, its members should recall a wise directive from the distinguished 9/11 commission.
In its report, the commission headed by Thomas Kean, the former New Jersey governor, urged that policymakers review the antiterror provisions through "full and informed debate." Then the commission said lawmakers need to craft "an enhanced system of checks and balances to protect ... precious liberties."
Instead, a Senate committee is considering what the American Civil Liberties Union describes as "a dramatic expansion of secret search powers."
Under a misguided proposal long on the wish list of federal law enforcement, the FBI would be given virtually unchecked subpoena powers to search records in terror probes. In like manner, the agency would have near-carte blanche to track the mail of Americans -- a move that has U.S. Postal Service officials concerned about privacy.
So much for the 9/11 panel's call for openness and improved oversight of sensitive investigations into terrorism.
Rein it in
Congress should be focused on reining in the more intrusive investigative techniques under the antiterrorism law -- such as the secret, black-bag break-ins at homes and businesses.
Instead, the proposal from Sen. Pat Roberts, R-Kan., would authorize administrative subpoenas by the FBI. These orders -- rightly criticized by rights activists as "do it yourself" searches -- would not be reviewed by a judge or grand jury. Nor would the promise of citizens' right to challenge the searches in court be likely to tie the FBI's hands.
Investigators could go after financial, tax, health or other records and evidence in terrorism inquiries. Nothing wrong with that, providing there is meaningful judicial oversight to balance the need for security against privacy and civil liberty concerns.
The Patriot Act already authorizes far-reaching sweeps for personal information, even including what books Americans borrow or buy. These searches should be more limited, but at least they're supervised by a special intelligence court.
There's no reason to believe the FBI cannot safeguard the nation against terror attacks and yet still subject its investigative techniques to judicial review. Congress has rejected the idea of administrative subpoenas for the FBI before, and should do so again.
Lawmakers and the Bush administration can best serve the nation by assuring that antiterrorism laws safeguard both lives and liberty.