End run around the Fourth

The Patriot Act blurred the key contrasts between foreign-intelligence-gathering and domestic law enforcement. Now, intelligence-gathering need not be the sole purpose of FISA-warrant-authorized surveillance.

Instead, as a result of Section 218 of the Patriot Act, intelligence-gathering need only be "a significant purpose" of FISA-authorized surveillance.

The result has been that not just CIA agents, but FBI agents as well -- or even state police, cooperating with the CIA and FBI -- have the ability to utilize FISA's secrecy and lower legal standards. No longer must they prove "probable cause" that a crime has been, or is being, committed -- as the Fourth Amendment requires.

Instead, all they have to prove is that foreign intelligence is a "significant" purpose of the surveillance. Another purpose can be domestic law enforcement.

As I pointed out in an earlier column, the result is to to open the door to an end run around Americans' Fourth Amendment rights. Unable even to see the basis for the secret FISA warrant that authorized a search of their home or business, Americans may not be able to challenge that warrant in a criminal proceeding.

In the 2 1/2-page resolution, the [George Mason University] faculty senate, joined by the local chapter of the American Association of University Professors, calls on university administrators to inform students if authorities seek their school records and to make sure students know that authorities can secretly view their library records, bookstore purchases and electronic communication.

(MORE at Washington Post)

Patriots to Restore Checks and Balances (PRCB) is a network of individuals and organizations – conservatives and progressives -- that believes the threat of terrorism cannot be allowed to dissolve or erode the carefully constructed structural foundations for preserving our liberty, enshrined forever in the Constitution For more information on the PRCB- http://www.checksbalances.org/index.php

Medical Privacy Coalition

The Medical Privacy Coalition (MPC) is dedicated to upholding the long-standing and fundamental confidentiality right of individuals to decide when and to whom their personal health information is disclosed. Patient control over the flow of their personal health information is essential for maintaining patients' confidential relationships with doctors and other health providers, and for the delivery of quality health care.

To accomplish its mission, the MPC seeks to restore, maintain, and improve individuals' right to give their informed consent before their personal health information is shared with others, including for purposes related to health-care treatment, payment and health-care operations. The MPC is seeking to obtain administrative, legislative and/or judicial action to ensure that individuals' consent is obtained prior to the release of their personal health information.

For more information on the MPC-

• Medical privacy

• Read more