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Terror Act Has Lasting Effects
By Declan McCullagh

2:00 a.m. Oct. 26, 2001 PDT

WASHINGTON -- Legislators who sent a sweeping anti-terrorism bill to President Bush this week proudly say that the most controversial surveillance sections will expire in 2005.

Senate Judiciary chairman Patrick Leahy (D-Vermont) said that a four-year expiration date "will be crucial in making sure that these new law enforcement powers are not abused." In the House, Bob Barr (R-Georgia) stressed that "we take very seriously the sunset provisions in this bill."

See also:
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Dems Ready Bioterrorism Bill
USA Act Stampedes Through
Governor Calls for 'Cyber Court'
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America v. Terrorism: All the Facts
Lycos' America Rebuilds Resource Page

But the Dec. 2005 expiration date embedded in the USA Act -- which the Senate approved 98 to 1 on Thursday -- applies only to a tiny part of the mammoth bill.

After the president signs the measure on Friday, police will have the permanent ability to conduct Internet surveillance without a court order in some circumstances, secretly search homes and offices without notifying the owner, and share confidential grand jury information with the CIA.

Also exempt from the expiration date are investigations underway by Dec. 2005, and any future investigations of crimes that took place before that date.

On Thursday, Attorney General John Ashcroft vowed to publish new guidelines as soon as the president signs the bill, which is expected to happen Friday. "I will issue directives requiring law enforcement to make use of new powers in intelligence gathering, criminal procedure and immigration violations," Ashcroft said.

President Bush said this week that he looks forward to signing the USA Act, which his administration requested in response to the Sep. 11 hijackings, "so that we can combat terrorism and prevent future attacks."

During the Senate debate Thursday, the lone critic of the bill was Russ Feingold (D-Wisconsin), who introduced an unsuccessful series of pro-privacy amendments earlier this month.

"We in this body have a duty to analyze, to test, to weigh new laws that the zealous and often sincere advocates of security would suggest to us," Feingold said. "This is what I have tried to do with this anti-terrorism bill. And that is why I will vote against this bill."

Feingold said the USA Act "does not strike the right balance between empowering law enforcement and protecting constitutional freedoms."

But not one of his colleagues joined him in dissent. Sen. Chuck Schumer (D-New York) seemed to speak for the rest of the Senate when saying "the homefront is a war front" and arguing that police needed new surveillance powers.

Sen. Mary Landrieu (D-Louisiana) did not vote.

Other sections of the USA Act, which the House approved by a 357 to 66 vote on Wednesday, that do not expire include the following:


Related Wired Links:

Dems Ready Bioterrorism Bill
Oct. 26, 2001

USA Act Stampedes Through
Oct. 25, 2001

Governor Calls for 'Cyber Court'
Oct. 18, 2001

Senator Backs Off Backdoors
Oct. 17, 2001

House Endorses Snoop Bill
Oct. 13, 2001

Terror Bill Clears Senate
Oct. 12, 2001

Terror Bill Limits Gambling, Too
Oct. 12, 2001

FBI Warns of 'Skyfall' Attack
Oct. 11, 2001

A Senator's Lonely Privacy Fight
Oct. 11, 2001

Snoop Bill Heads to Final Vote
Oct. 10, 2001

New Weapons for a New War
Oct. 9, 2001



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