Subject: oppose HR 3179, the Anti-Terrorism Intelligence Tools Improvement Act To: The American Civil Liberties Union From: The American Civil Liberties Union Date: Tue, 4 May 2004 16:46:35 -0400 (EDT) Thank you for using The American Civil Liberties Union Mail System Message sent to the following recipients: Representative Capuano Message text follows: Matthew Belmonte [address] May 4, 2004 [recipient address was inserted here] [recipient name was inserted here], I urge you to oppose the `Anti-Terrorism Intelligence Tools Improvement Act of 2003' (HR 3179). This bill would enhance the government's secret power to obtain personal records without judicial review, limit judicial discretion over the use of secret evidence in criminal cases and allow the use of secret intelligence wiretaps in civil cases without notice or an opportunity to suppress illegally acquired evidence. If passed, it would be a major and unwarranted expansion of the government's secret surveillance powers under the USA PATRIOT Act. This legislation would punish people for refusing to obey national security letters -- a form of administrative subpoena that allows the FBI to obtain personal records without a judge's approval. The FBI currently has the secret power to obtain -- without court oversight and without any need to show evidence that the individual is actually involved in criminal activity -- a long and growing list of highly personal records from a wide range of businesses. These can include travel agents, casinos, Internet cafes and credit reporting agencies. This bill provides for criminal penalties for failure to comply with the FBI, or for breaking the strict gag order on the government request. For example, if an Internet cafe owner complained at a local chamber of commerce meeting about a broad FBI national security letter, he could face a prison term under this bill. Today, when prosecutors worry about compromising national security by introducing classified information as evidence in regular trials, they can apply to the judge for permission to submit a summary of the information. The judge has the discretion to consider the government's request in secret or to hold an open hearing. This new legislation would force judges to consider the government's request in secret even if the judge would prefer to hold an open hearing so the accused can properly respond to the accusations. IThis bill broadly expands the use of secret intelligence surveillance as evidence in civil cases. Prosecutors can already use intelligence surveillance in regular courts. However, because the surveillance is gathered without criminal probable cause or other safeguards, they have to give the accused a chance to challenge this evidence (which a judge then reviews behind closed doors to see if it was gathered illegally). If this bill passes, we could see the unfair deportation of innocent, long-term legal residents of the United States because they were unable to challenge the misleading and illegal national security surveillance that was secretly used against them. Once again, I urge you to oppose HR 3179. This legislation would be a major and unwarranted expansion of the government's secret surveillance powers under the USA PATRIOT Act. I look forward to hearing your thoughts on this important matter. Sincerely, Matthew Belmonte