2.) Key provisions of the USA Patriot act subject to sunset.
By John Podesta
Recent tragic events have brought about a rapid reconsideration of the legal restrictions placed on law enforcement and the intelligence communities. On October 26, President Bush signed into law the USA Patriot Act (Patriot Act), which makes significant changes in the legal structure within which the law enforcement and intelligence communities operate. This article focuses on the key provisions of the Patriot Act that pertain to electronic surveillance and intelligence gathering. Notwithstanding the haste with which Congress acted, the provisions of the new law relating to electronic surveillance, for the most part, are a sound effort to provide new tools for law enforcement and intelligence agencies to combat terrorism while preserving the civil liberties of individual Americans. Some changes simply update our surveillance laws to reflect the fact that we live in a digital age. Other sections expand the surveillance powers of our law enforcement and intelligence communities in ways that make sense in light of the new threats facing our country.
When we decide, however, to expand surveillance powers to track terrorists, all residents, not just the terrorists, are affected. A common problem running through many of the new authorities contained in the Patriot Act is the reliance on executive branch supervision rather than meaningful review by a neutral magistrate of the potentially highly intrusive surveillance techniques that are authorized. There are several common sense changes that could be made to the new law that would provide better protections for civil liberties without sacrificing security. Because of the rapidity with which the law was enacted, Congress, wisely, included a four-year sunset of many of the provisions of the new Act. That sunset will allow Congress to make some needed adjustments, hopefully in a calmer climate, and strengthen the protections for civil liberties without sacrificing security.
Many of the electronic surveillance provisions in the Patriot Act faced serious opposition prior to September 11 from a coalition of privacy advocates, computer users, and elements of high-tech industry. The events of September 11 convinced many in that coalition and overwhelming majorities in Congress that law enforcement and national security officials need new legal tools to fight terrorism. But we should not forget what gave rise to the original opposition—many aspects of the bill increase the opportunity for law enforcement and the intelligence community to return to an era where they monitored and sometimes harassed individuals who were merely exercising their First Amendment rights. Nothing that occurred on September 11 mandates that we return to such an era. If anything, the events of September 11 should redouble our resolve to protect the rights we as Americans cherish. Therefore, as the new powers granted under the Patriot Act begin to be exercised, we should not only feel more confident that our country has the tools to be safe but we should be ever vigilant that these new tools are not abused.
1.) Summary of the 1980 OECD privacy guidelines.
The Honorable Michael Kirby has been selected by EPIC as the 2010 recipient of the International Privacy Champion Award. Justice Kirby was recognized for his leading role in the development of the OECD Privacy Guidelines in 1980. This year the OECD is marking the 30th Anniversary of the Guidelines with a series of events, in preparation for a review in 2011 to assess whether the Guidelines need to be revised. The award was announced on 28 January - a key day in the privacy calendar for raising awareness about privacy issues with events held throughout Europe and North America.
The OECD organised several events at the IGF in Sharm el-Sheikh, Egypt, including workshops on 'Global ICT services sourcing post-crisis', on 'Expanding access to the Internet and broadband for development' and on 'Using ICTs and the Internet to meet environmental challenges', as well as an open forum on 'The importance of Internet Access and Openness for a sustainable economic recovery'.