Prometheus 6   

Patriot Act Provision Challenged in Court
By Caron Carlson

The expanded powers that Congress gave the FBI to search and seize private records—as well as other personal information and belongings—have been a source of criticism since the new authorities were enacted as part of the Patriot Act shortly after the Sept. 11, 2001, terrorist attacks. More than 140 towns and other localities around the country have voted in opposition to the Act, and today, the American Civil Liberties Union is challenging the new powers in court.

The focus of the lawsuit is Section 215 of the Act, which gives the FBI greater powers to secretly procure records of people in the United States, including citizens. The FBI does not have to show probable cause that the target of an investigation is a criminal suspect or a foreign agent, and it never has to notify the target. The suit names Attorney General John Ashcroft and FBI Director Robert Mueller as defendants.