Let the Sun Set on PATRIOT - Section 209:

"Seizure of VoiceMail Messages Pursuant to Warrants"

In March 2006, the sunsetting provisions were renewed. Read here for analysis.

How Section 209 Changed the Law

Before PATRIOT, the privacy of your voice mail was protected by the Wiretap Act. This meant that in order to listen to your messages, the FBI had to secure a wiretap order. These orders are like "super" warrants -- they have even stricter Constitutional requirements than do warrants for physical searches.

After PATRIOT, however, your voice mail is governed by the Electronic Communications Privacy Act (ECPA), a statute that gives you much less legal protection against government spying. Now, instead of needing a wiretap order to listen to your voice mail, the FBI can use other legal processes with weaker privacy-protection standards:

As a result, the privacy of your voice mail is substantially reduced:

In stripping these key privacy protections from your voice mail, PATRIOT is in possible violation of the Fourth Amendment to the U.S. Constitution.

Why Section 209 Should Sunset

Section 209 is a perfect example of the opportunism shown by the Department of Justice in the wake of the 9/11 terrorist attacks. Knowing that a bill tagged as "anti-terrorist" couldn't fail to pass, the DOJ loaded PATRIOT with its entire wish list of new powers, regardless of whether these powers targeted terrorism. Section 209 is one such power -- expanding the FBI's ability to search your communications in any criminal investigation, terrorism-related or not. Yet the DOJ never indicated that the previous law significantly hindered its investigations, much less put stumbling blocks in the fight against terrorism.

Conclusion

Passed by Congress in a climate of fear, Section 209 effects a dangerous and unnecessary reduction in citizens' privacy and should be allowed to sunset. EFF strongly opposes its renewal, and we urge you to oppose it, too. We also support the Security and Freedom Ensured Act (SAFE Act, S 1709/HR 3352) and encourage you to visit EFF's Action Center today to let your representatives know you support the bill.