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.