While I am fully behind the War on Terror, I am absolutely against the War on Americans that is Patriot Act 2. So is law professor Anita Ramasastry:

On February 7 of this year, a January 9 draft of Patriot II was revealed to the public - but not by the government. It was made public only through a leak.

Even Congress itself, strikingly, appears to have played little or no part in Patriot II's drafting (though it seems that Speaker of the House Hastert was, at least, given the opportunity to review the draft last month, as was Vice President Cheney.).

Perhaps the Bush Administration is looking to repeat its experience with the original USA Patriot Act. Amidst the emotional turmoil after September 11, the Administration introduced the Act and got it enacted in a matter of weeks. The Senate Judiciary Committee had only a brief, one-and-a-half-hour hearing on the Act, in which Attorney General Ashcroft testified but took no questions. In the House, meanwhile, there was no testimony from opponents of the bill.

....under Patriot II, federal agents would not need a subpoena or obtain a court order to access our consumer credit reports. This provision would open the wedge for TIA to be implemented through a huge database. Our credit reports are repositories of a great deal of sensitive information - from our employment history to where we shop, borrow and transact.

To see the information, the feds would only have to certify that they will use the information "in connection with their duties to enforce federal law." Note that they would not have to certify that the person whose information was accessed was suspected of terrorism, or indeed, any other crime. And no one would be notified that their records had been accessed. When a commercial entity requests a consumer's credit report, a note is made in the consumer's file alerting him to this fact.

....DNA would be put into a "Terrorist Identification Database." It would contain information not only for proven terrorists, but also "suspected terrorists." And that term would include anyone who was associated with, or had provided money or other support for, groups designated "terrorist."

It might also include protesters, or anyone else the government dislikes. Remember, the original USA Patriot Act defined the new crime of "domestic terrorism" broadly, to encompass "any action that endangers human life that is a violation of any Federal or State law."

....Incredibly, DNA would also be collected from anyone who is, or has been, on probation for any crime, no matter how minor. State governments would be required to collect DNA samples from state probationers and provide them to the federal government.

....What if you're lucky enough discover that you've been illegally spied on, in violation of your Fourth Amendment rights? Too bad. Patriot II would provide immunity from liability to law enforcement engaging in spying operations against the American people. The proposed act provides a defense for federal agents who engage unauthorized searches and surveillances relating to foreign intelligence when they are acting "pursuant to a lawful authorization from the President or the Attorney General."

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