Protecting rights

Legislation approved by the House Judiciary Committee would curb some of the more onerous provisions of the USA Patriot Act, which greatly expanded the government's surveillance and seizure powers.

One of the major revisions of the law enacted shortly after 9-11 would curb the government's use of national security letters to force agencies, businesses and individuals to surrender personal and business records.

Several investigations have revealed abuses of the letters, which the FBI has used to improperly obtain personal information, banking and even library records on tens of thousands of Americans and noncitizens without requiring judicial approval.

The House bill would require the FBI to show that the information they seek is connected to a foreign power or agent. The government would also have to provide more evidence than is required now to obtain some records, especially those from libraries and bookstores. The bill would require the government to justify the need for a gag order, which prevents national security letter recipients from disclosing them.

Another proposed change would eliminate the "lone wolf" provision that grants the government power to spy on non-Americans even when they are not associated with a terrorist group. The fact that it has never been used raises questions about its necessity.

Roving wiretaps would still be permitted. They allow authorities to follow a target who switches phone numbers or phone companies rather than have to obtain new warrants each time. The government, though, would have to show a judge that the wiretap is against a single person to avoid a fishing expedition against others.

Legislation in the Senate would make it easier for law enforcement to obtain records and conduct wiretaps.

However, the record of misuse by authorities calls for restrictions that will protect the privacy and constitutional rights of Americans and noncitizens.