- WASHINGTON (Reuters) - The
U.S. House of Representatives voted overwhelmingly on Tuesday to roll back
a key provision, which allows the government to conduct secret "sneak
and peek" searches of private property, of a sweeping anti-terrorism
law passed soon after the Sept. 11 attacks.
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- The House voted 309-118 to attach the provision to a
$37.9 billion bill funding the departments of Commerce, State and Justice.
It would be the first change in the controversial USA Patriot Act since
the law was enacted in October, 2001.
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- The move would block the Justice Department from using
any funds to take advantage of the section of the act that allows it to
secretly search the homes of suspects and only inform them later that a
warrant had been issued to do so.
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- Supporters of the change say that violates both the U.S.
Constitution and the long-standing common law "knock and announce"
principle -- which states the government cannot enter or search private
property without first notifying the owner.
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- "Not only does this provision allow the seizure
of personal and business records without notification, but it also opens
the door to nationwide search warrants and allowing the CIA and NSA to
operate domestically," said the amendment's sponsor, Idaho Republican
Rep. C.L. "Butch" Otter.
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- The Justice Department recently told Congress that it
had already executed 47 "sneak and peek" searches and had sought
to delay notification of search warrants in a total of 250 cases, said
Ohio Democratic Rep. Dennis Kucinich.
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- "I would suggest to you that just one would constitute
a threat to our Bill of Rights," he said.
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- The Patriot Act, which granted broad new powers to U.S.
law enforcers, was passed by Congress with little debate in the immediate
aftermath of Sept. 11 and signed into law by President Bush just six weeks
after the attacks.
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- Since then, it has come under increasing criticism from
lawmakers and civil liberties advocates from both ends of the political
spectrum. The House is now expected to pass the broader spending bill on
Wednesday.
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- "Given its overwhelming passage this evening, the
amendment is highly significant and a herald of more fix-Patriot measures
to come," said Laura Murphy, director of the American Civil Liberties
Union's Washington legislative office.
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- U.S. Attorney General John Ashcroft -- who has become
a lightning rod for concerns over the possible erosion of U.S. civil liberties
-- defended the Patriot Act on Monday, saying criticism of it was based
on exaggerations and falsehoods.
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