Return of the Patriot Act

With key parts of the Patriot Act due to expire shortly, Congress has an opportunity to improve the law. Instead, it seems poised to renew many of the provisions that infringe most directly on civil liberties - and to add some new ones. There is nothing "patriotic" about letting the F.B.I. seize the records of ordinary Americans without a judge's approval, or taking away the federal judiciary's historical role in ensuring that the death penalty is imposed fairly. Some senators are threatening a filibuster as they negotiate to block some of the act's more egregious provisions. We hope a filibuster isn't necessary.

Congress passed the Patriot Act hurriedly after the Sept. 11 attacks, with little time for reasoned discussion. Many of the most aggressive provisions were written to be phased out after a few years, to ensure that a future Congress would be able to reconsider them in calmer circumstances. If that were really happening, Congress would not be preparing to authorize the continued use of "national security letters," an investigative tool that gives the F.B.I. sweeping power to riffle through ordinary Americans' private records.