There has been much controversy surrounding the USA PATRIOT Act and the Foreign Intelligence Surveillance Act (FISA) Court. Discuss this controversy, and note where the legislation now stands.

Question

What will be an ideal response?

Answer 1

In 2009, legislation was introduced in both the Senate and the House aimed at revising and reforming the USA PATRIOT Act and the FISA Court. Among the provisions of the legislation were the reform of the National Security Letter process, revision of the guidelines for business records orders, elimination of the catch-all provision for "sneak-and-peek" searches, the addition of new safeguards for FISA roving wiretaps, and the repeal of retroactive immunity for telecommunications companies. The legislation was not enacted.
In January 2010, the Department of Justice Office of Inspector General released a report critical of the FBI's use of "exigent letters" and other means to obtain telephone records from three unnamed phone companies. The report concluded that "the FBI's initial attempts at corrective action were seriously deficient, ill-conceived, and poorly executed." Several recommendations for improvement were made.
In March 2010, after months of debate, Congress voted to extend the three expiring provisions of the USA PATRIOT Act for one year with no alteration. The provisions, concerning business records, roving wiretaps, and "lone wolf" investigations (intelligence investigations of lone terrorists not connected to a foreign nation or organization), give federal law enforcement agencies broad powers to gather information on Americans. Both the Senate and House Judiciary committees proposed bills to renew these provisions with reforms that would establish greater oversight, but neither bill went to a floor vote. In May 2011, Congress passed a 4-year extension of the three expiring provisions again with no alterations. The extended provisions were set to expire on June 1, 2015.