Originally posted by: jonks
....and the rest of the article not posted in OP:
In a letter to lawmakers, Justice Department officials said the administration supports extending the three expiring provisions of the law, although they are willing to consider additional privacy protections as long as they don't weaken the effectiveness of the law.
Assistant Attorney General Ronald Weich wrote Sen. Patrick Leahy, the chairman of the Senate Judiciary Committee, that the administration is willing to consider stronger civil rights protections in the new law "provided that they do not undermine the effectiveness of these important (provisions)."
Leahy responded with a statement saying it is important for the administration and Congress to "work together to ensure that we protect both our national security and our civil liberties."
The committee has scheduled a hearing next week on the Patriot Act.
From 2004 to 2007, the business records provision was used 220 times, officials said. Most often, the business records were requested in combination with requests for phone records.
The lone wolf provision was created to conduct surveillance on suspects with no known link to foreign governments or terrorist groups. It has never been used, but the administration says it should still be available for future investigations.
The roving wiretaps provision was designed to allow investigators to quickly monitor the communications of a suspects who change their cell phone or communication device, without investigators having to go back to court for a new court authorization. That provision has been used an average of 22 times a year, officials said.
Michelle Richardson of the American Civil Liberties Union called the administration's position "a mixed bag," and said that the group hopes the next version of the Patriot Act will have important safeguards on other issues, particularly the collecting of international communications, and a specific bar on surveillance of protected First Amendment activities like peaceful protests or religious assembly.
"We're heartened they're saying they're willing to work with Congress," Richardson said, adding that is "definitely a sea change from what we've seen in the past."
Doesn't look like these provisions have been abused thus far, unlike National Security Letters which issued demands for information and basically told the recipient that they couldn't contact anyone, even a lawyer, to discuss the subpoena. I believe thousands had been issued, and almost none ever challenged. I also believe the courts eventually threw out the provision as unconstitutional.
"Although the FBI has had the ability to issue NSLs for many years, the Patriot Act, enacted in October 2001, significantly relaxed the rules for using them while increasing the secrecy requirements. The result has been a surge in NSL requests, from fewer than 9,000 in 2000 to nearly 50,000 in 2005, according to Justice Department records."