Sorry, ACLU. Sneak and Peak, otherwise known by its real name, Delayed Notification, will be sticking around. According to the text of the Patriot Act, Section 213, amending Authority for For Delaying Notice of the Execution of a Warrant (Section 3103a, Title 18 US Code)
- SEC. 224. SUNSET. (a) IN GENERAL.—Except as provided in subsection (b), this title and the amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall cease to have effect on December 31, 2005.
- (b) EXCEPTION.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in subsection (a) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.
Oh, no, what now? Delayed Notification has been around since the late 70’s, and has been an effective tool in fighting organized crime and drug drug dealers. The Patriot Act allowed this to be formally extended to terrorists, pedophiles, and child pronagraphers (misspelled on purpose, due to searches such as through Google and Yahoo.) The law, which has passed all courts, including the US Supreme Court,
allows terrorism investigators to get a warrant for delayed-notification searches when they can persuade a judge that immediate notification would endanger someone’s life, cause a suspect to flee, result in the destruction of evidence, cause the intimidation of witnesses, or “otherwise seriously jeopardize†an investigation. (The judge decides how long notification can be delayed, although investigators can apply for extensions.) (via National Review)
The ACLU says
1) SEARCH YOUR HOME AND NOT EVEN TELL YOU. The USA Patriot Act expands law enforcement’s ability to conduct secret “sneak and peek†searches of your home. Investigators can enter your home or office, take pictures and seize items without informing you that a warrant was issued, for an indefinite period of time. (SECTION 213)
A complete lie. A time period is set. Unless you are involved in actual serious crime, what worry is there? It takes quite a bit to convince a judge to issue a DN warrant. Not many judges will stick their necks out for no reason.
The ACLU even contradicts itself
The bill allows sneak-and-peek searches under a broad standard not limited to terrorism cases. New 30 and 90 day time limits could be waived or renewed indefinitely, allowing such searches to continue to remain secret for weeks, months or even years.
Doesn’t seem "indefinite" to me.
The point is, DN has been around for awhile, and will continue to be around. Even if Sect 213 of the Patriot Act is nullified, all it would do would be to stop the ability of police forces to go after terrorists and sexual predators of children. Is that what we really want to happen?
