Provisions in the USA Patriot Act that give the government
greater ability to access private records have been met with strong
opposition ““ especially in the Los Angeles area ““ as
they near their 2005 expiration date.
President Bush is pushing for renewal of several provisions in
the Patriot Act, including one that grants the federal government
possible access to student records kept by a university.
Many civil rights groups have said some provisions in the act
unconstitutionally deny individuals’ civil rights and
liberties .
University of Southern California law professor Erwin
Chemerinsky will be speaking on campus today about the act and its
implications as part of the UCLA Law Review symposium.
“The Patriot Act has brought about an erosion of civil
liberties that does not make the United States any safer,”
Chemerinsky said.
He cited provisions in the act that expand the ability of the
government in wireless surveillance and the ability to detain
people without probable cause as violations of the Fourth
Amendment.
The Patriot Act was passed after the Sept. 11 attacks, with the
intention of giving the government more powers to track down
terrorist threats.
But it has been under fire from critics since its conception,
and when Bush called for the act’s renewal in his Jan. 20
State of the Union speech, criticism has intensified.
On Monday, a federal judge in Los Angeles was the first to rule
that a provision in the Patriot Act was unlawful. The provision
which was deemed unconstitutional prohibited accused foreign
terrorists from obtaining legal counsel.
And on Jan. 21, the Los Angeles City Council voted 9 to 2 to
condemn the Patriot Act, making Los Angeles the largest city to
come out against the act.
In regards to higher education, Chemerinsky said he will be
talking about a provision in the act that gives the federal
government greater access to education records.
Student records, which include disciplinary, health, original
admission and registration documents, are normally kept private
unless a student authorizes a release.
“If Harvard called us and said, “˜we want to know
whether a student was involved in cheating,’ we can’t
disclose that information unless we get authorization from the
student,” said Bob Naples, dean of students.
But under the Patriot Act, the federal government could subpoena
schools for confidential student information without needing any
student authorization.
In fact, a student wouldn’t even know his or her records
were being requested or accessed because a provision in the act
prohibits disclosure of FBI activity in requesting or obtaining
records and documents.
Naples said when any school in the University of California
system receives a subpoena from the federal government to issue
confidential records, the request is sent to the Office of Legal
Affairs before any information is disclosed.
The Los Angeles City Council recently passed a resolution
supporting any legislation which would repeal any provisions in the
Patriot Act that may violate the Constitution.
“By joining over 200 cities and municipalities, we are
strengthening this concern and letting our federal representatives
know that some parts of the act need to be revisited before any
renewal is considered,” said Councilwoman Jan Perry, who
introduced the resolution.
Councilman Jack Weiss, who presides over the Westwood area, was
one of two councilmembers who opposed the resolution.
Despite concerns about some provisions in the act, Weiss said he
voted against the resolution out of respect to members of the
Justice Department who are using the act to prosecute terrorists
and child pornographers.
Out of concern for city librarians, the council specifically
declared opposition to any legislation or administrative action
that would require libraries to monitor or report on the borrowing
practices of library patrons.
Under the USA Patriot Act, libraries could be subpoenaed for
their computer and circulation records. Many libraries, including
libraries at UCLA, regularly purge circulation records to help
protect patron privacy.
Rita Walters, a member of the Board of Library Commissioners for
Los Angeles, said the right to read materials of one’s own
choosing without fear of government influence is central to First
Amendment rights.
“The administration with Bush and (Attorney General John)
Ashcroft are always talking about freedom, but in my opinion
they’re doing very dangerous things to interrupt the people
of the United States from enjoying those freedoms,” Walters
said.
A recent investigation by the Justice Department found no abuses
of civil liberties to date under the Patriot Act, a point Bush will
likely emphasize when he pushes for the act’s renewal.