Business Groups Want to Limit Patriot
Act
Yahoo News/AP
October 6, 2005
WASHINGTON - Some of the nation's most powerful business groups are
splitting with the Bush administration over whether to restrict the anti-terror
USA Patriot Act.
The business groups complained to Congress on Wednesday that the Patriot Act
makes it too easy for the government to get confidential business records. That
put them at odds with one of President Bush's top priorities — the
unfettered extension of the law passed after the Sept. 11, 2001, attacks.
In the first organized criticism of the act from the business sector, these
groups endorsed amendments that would require investigators to say how the
information they seek is linked to individual suspected terrorists or spies,
and would allow businesses to challenge the requests in courts and to speak
publicly about those requests.
Their views could make a difference as Congress heads toward a vote on
whether to extend some controversial provisions of the act that expire at the
end of the year.
"Confidential files — records about our customers or our employees, as
well as our trade secrets and other proprietary information — can too
easily be obtained and disseminated under investigative powers expanded by the
Patriot Act," six business groups wrote in a letter to Senate Judiciary
Committee Chairman Arlen Specter, R-Pa. "These new powers lack sufficient
checks and balances."
Some of the most powerful lobbying groups in town signed the letter. It
endorsed amendments to restrict the record-gathering powers of federal agents,
including some changes already in the Senate's — but not the House's
— version of the Patriot Act extension bill and one change that is in
neither bill.
Among the signers were the U.S. Chamber of Commerce, which represents 3
million businesses; the National Association of Manufacturers, which represents
large and small industrialists in every state; and the National Association of
Realtors, with 1 million members. All three are regulars on Fortune magazine's
list of nation's 25 most powerful lobbying outfits.
The restrictions sought by the business groups also have been advocated by a
coalition of civil liberties groups and conservative political organizations.
The chairman of one such coalition, former Rep. Bob Barr, R-Ga., of Patriots to
Restore Checks and Balances, commended the signers: "Business leaders recognize
that the private records and sensitive proprietary information of all
businesses — from doctor's offices to Realtors to manufacturers to car
dealerships — are at risk under the current Patriot Act."
Bush asked Congress to make permanent the expiring provisions of the
existing act. But the Senate bill only extends the most controversial
provisions another four years; the House bill, another 10 years.
Attorney General Alberto Gonzales has said the administration prefers the
House bill and objects to some of these new restrictions in the Senate version.
The differences are to be resolved in a Senate-House conference.
Specifically, the groups endorsed a Senate provision that would require
federal agents to provide to a court that sits in secret to issue Patriot Act
warrants a statement of facts showing "some linkage between the records sought
and an individual suspected of being a terrorist or spy."
Currently the government merely has to certify it is conducting an
authorized investigation without providing any facts connecting the records to
actual suspects.
Going beyond even the Senate bill, the groups said that provision requiring
a factual linkage also should be added to a separate Patriot Act section which
allows agents to gather business records of financial institutions by issuing a
"national security letter" without any court approval.
Finally, they endorsed Senate amendments that would provide the first
"meaningful right to challenge the (Patriot Act court) order when the order is
unreasonable, oppressive or seeks privileged information" and the right to
challenge the existing permanent gag order covering document demands made under
the act.
While calling the Patriot Act "an important tool that has helped keep our
country safe," the groups expressed concern over "the expensive and
time-consuming burden that compliance with document requests from the
government places upon affected businesses."
Other signers were The Financial Services Roundtable and Business Civil
Liberties Inc.
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