• PC World
• » Security

WASHINGTON--A secret domestic security plan to expand electronic surveillance power treads too heavily on individual privacy, say displeased lawmakers and policy experts.

And many members of Congress are unhappy about how the 120-page proposal came about. Members of the Senate Judiciary Committee say the Justice Department repeatedly denied it was developing a bill to expand the government's spying authority outlined in the Patriot Act, which was rushed through Congress shortly after the September 11, 2001, attacks. That act gave the FBI and Justice Department broad new authority to use wiretaps, electronic eavesdropping, and a number of other information-gathering techniques.

The draft Domestic Security Enhancement Act of 2003, dubbed the Patriot Act II, was marked "confidential" and leaked on February 7. No legislator has yet stepped forward to sponsor it as legislation.

Balance Sought

Democrats, especially, are rallying against the proposal as overly broad.

"We need to have the backbone and courage to say that we will not let [U.S. Attorney General] John Ashcroft, in the name of the war on terrorism, take away our rights, take away our liberties, and take away our freedom," said presidential hopeful Senator John Edwards (D-North Carolina) at Saturday's meeting of the Democratic National Committee.

Michael Scardaville, a policy analyst at the Heritage Foundation, a conservative Washington think tank, disagrees. He says the proposal simply closes gaps left in the Patriot Act and would "define a point of new normalcy." He also says objection to the proposal is a sign of complacency on Capitol Hill.

"I think it's to the Attorney General's credit that he's had his people working on what problems exist," Scardaville said. "In some cases that government has more power to arrest and retain a drug addict than they do a terrorist. They're not going for anything extreme."

The initial Patriot Act has gotten mixed reviews. Law enforcement agencies are reluctant to spell out their activities, citing security concerns. Meanwhile, the American Civil Liberties Union is still pursuing a request, under the Freedom of Information Act, for a DOJ report on how it uses its new surveillance powers.

Process Questioned

Although few lawmakers have reviewed the draft of the so-called Patriot Act II, many object to the DOJ's procedure in drafting it.

"It should not be shrouded in secrecy, steeped in unilateralism, or tinged with partisanship," said Senator Patrick Leahy (D-Vermont), ranking Democrat on the Judiciary Committee. "The early signals from the administration about its intentions for this bill are ominous."

Copies of the proposal went in January to Vice President Richard Cheney and House Speaker Dennis Hastert, an Illinois Republican, according to a cover sheet circulated by the department's Office of Legislative Affairs. However, spokespeople for Hastert say he has not received a copy.

Timing Challenged

Critics also say the department has been secretive in order to release the bill at a more propitious time, namely in the wake of heightened security concerns subsequent to a possible attack on Iraq.

"This is a very broad measure and it's reflective of opportunism," says Chris Hoofnagle, deputy counsel at the Electronic Privacy Information Center, which has critiqued the proposal. "It is the DOJ striking while the iron is still hot and attempting to capture more authority since the current administration is in power and we have a Republican Congress."

Justice Department officials insist the draft is a work in progress and should not be considered an affront to congressional oversight and authority.

"Every day we discuss things internally...and seek ways to better protect the American people," says Mark Corallo, a DOJ spokesperson. "When we are ready to propose something to Congress, we will do so in the appropriate way."

Privacy rights groups doubt the department's claims because of the size and the scope of the proposal.

"It's such a long document I can't see that this is some sort of working draft," says Adam Mayle, a reporter at The Center for Public Integrity, the nonprofit group that first received the draft. "It's really flushed out and really thought through."

• See more like this:
• privacy,
• security,
• patriot act,
• patriot act II,
• justice department,
• doj,
• legislation,
• congress,
• surveillance