A story in the New York Times (via Seattle Times) tells of the surveillance powers the British Regulation of Investigatory Powers Act, or RIPA, gives to the government and to 474 local governments and 318 agencies — including the Ambulance Service and the Charity Commission — powers once held by only a handful of law-enforcement and security-service organizations.
“Under the law, the localities and agencies can film people with hidden cameras, trawl through communication traffic data, such as telephone calls and Web site visits, and enlist undercover “agents” to pose, for example, as teenagers who want to buy alcohol.”
In a report this summer, Christopher Rose, the chief British surveillance commissioner, said local governments conducted nearly 5,000 “directed surveillance missions” in the year that ended in March and that other public authorities carried out roughly the same amount.
Examples given in the article are chilling. The law is being used by localities to determine such things as whether a family really lives in the school district they are sending their child to, using such means as covertly following the mother and children around for three weeks. Local governments regularly use these surveillance powers — which they “self-authorize,” without oversight from judges or law-enforcement officers.
It turned out that the Paton family had done nothing wrong. Mrs. Paton said she would have been perfectly willing to answer any questions if they had just asked. Instead a “surveillance log” was created and now no one has answered her questions, such as ” ‘How many people were in the car? Were they men or women? Did they take any photos? Does this mean I have a criminal record?’” “They said my privacy wasn’t intruded on because the surveillance was covert,” she said.
Could it happen here? We’ve been living uncomfortably with the PATRIOT Act since shortly after 9/11/2001. Image by takomabibelot. Creative Commons license.
A Washington Post article notes that the U.S. Senate Judiciary Committee has been working on possible revisions. Julian Sanchez of the Cato Institute says that it has “omitted the most elementary civil liberties safeguards from legislation.”
Michael MacLeod-Ball, acting director of the Washington office of the ACLU says,
“Stating that the Senate Judiciary Committee’s Patriot Act reauthorization bill strikes a fine balance between civil liberties and law was misguided [editorial, Oct. 13]. Americans have a constitutional right not to be spied upon by the government unless there is some reasonable suspicion of wrongdoing, and this bill forgoes that suspicion in far too many provisions.
Though the Obama administration has claimed that it needs every inch of power that the Patriot Act affords, not everyone is convinced. Even after receiving a classified briefing from the administration last week, Sens. Russell Feingold (D-Wis.) and Richard J. Durbin (D-Ill.) still felt that further privacy protections should be written into the bill. The administration has yet to make a public argument for why modest reforms to these provisions would harm investigations and, it seems, those arguments made behind closed doors are not wholly convincing, either.
By extending these Patriot Act surveillance provisions virtually untouched for another four years, Congress will be once again endorsing the overreaching policies of the Bush administration. Only now these policies come with the Obama administration’s stamp of approval.”
