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The Honolulu Advertiser
Posted on: Sunday, March 5, 2006

Patriot Act: troubling, needed compromise

Born hastily in the aftermath of 9/11, when government expanded its surveillance and prosecutorial power, the Patriot Act appears to be getting only a minor facelift as it moves closer to the president's signature by Friday.

To some, the changes represent a significant compromise. But to civil libertarians, the changes are merely cosmetic.

That means at best, after five years, the Patriot Act remains an imperfect law, a work in progress that will have to be adjusted if and when its application results in unnecessary abuses to freedom.

The Senate bill approved last week did address some legitimate due process and privacy concerns. For example, recipients of court-approved subpoenas in terrorist investigations will no longer be gagged and prevented from telling anyone of the investigation.

New language also clarifies when libraries or other institutions can challenge demands in terror investigations for private records. But it doesn't limit the government from trying to obtain those private records without linking the records to a suspected terrorist, so innocent people could still be subjected to the law.

Other provisions are given four-year time limits, like the authorization of roving wiretaps. But the wiretaps are still relatively unrestricted — they still don't have to be linked to a specific building, facility or terrorist.

A more timely concern are 16 provisions that give the government broad search and surveillance authority. Scheduled to end on March 10, nearly all the provisions will be made permanent when the act is renewed.

Still, it's not enough to reject this incarnation of the Patriot Act, an imperfect law that will require more fine-tuning down the road.

We need comprehensive laws to fight the war on terror. But we must also balance our zeal with a respect for constitutional guarantees.