What is Kerry's stance on the Patriot Act, Really?

[coloradodem2005]

Does he still support the more contraversal parts like wiretaps and sneak and peak as well as holding people without right to an attorney or knowing the charge? I hope that this is not true.

The same goes for the whole Library book thing.

[freetobegay]

1. A simple search of his website will give you your answer.

http://www.johnkerry.com/pressroom/speeches/spc_2003_1201.html

[wtmusic]

3. Excellent speech

Kerry's wrong on a minor point:

"A Justice Department official in Washington could be reading every email you’ve sent in the last few months – and they wouldn’t need a judges permission or even a reason to do so."

Not true. They are allowed to examine the header or destination of the email but still need a warrant to examine the content.

[leftistagitator]

2. It's on his website

"If I’m elected President, we will put an end to “sneak and peak” searches which permit law enforcement to conduct a secret search and seize evidence without notification. Agents can break into a home or business to take photos, seize property, copy computer files, or load a secret keystroke detector on a computer. These searches should be limited only to the most rare circumstances. And law enforcement should provide notice of the search within seven days, unless a court extends the period of notification.

We will eliminate the potential of fishing expeditions into people’s library and business records. If the FBI wants to make these kinds of investigations, they will need a warrant issued by a judge and evidence that they are looking into an agent of a foreign power."


http://www.johnkerry.com/pressroom/speeches/spc_2003_1201.html

[Djinn]

8. doesn't seem to be that against them

without buying into the Kerry/not Kerry argument (as an Australian I just don't know enough about him to really decide) but based on the sentence above it would seem he's not that oppposed:

"we will put an end to “sneak and peak” searches.....These searches should be limited only to the most rare circumstances"

looks like they'll limit but not "put an end to"

Also found the quote, "evidence that they are looking into an agent of a foreign power." a little strange in relation to library searches, it seems sort of odd considering that the two largest terrorist attacks in the US in 50 years have been the Oaklahoma bombings (not a foreign power) and the 9/11 attacks (officially Al Qaeda who are also not a foreign power)

[leftistagitator]

9. You realize that before the Patriot Act they could snoop

through your library records with proper Judicial supervision, right? Kerry wants to go back to the way it used to be done, where you needed a warrant to pry though peoples library records. And I think it's not too big a stretch to call an agent of an international terrorist network an agent of a foreign power.

http://archive.aclu.org/congress/l102301b.html
"The government already has the authority, in limited situations, to delay notification, for searches of some forms of electronic communications that are in the custody of a third party. It must show the judge that if the person to be searched is given notice, one of the five things will happen - (1) an individual's physical safety will be endangered, (2) someone will flee prosecution, (3) evidence will be tampered with, (4) potential witnesses will be intimidated or, (5) an investigation would be jeopardized or a trial unduly delayed.

Section 213 would take an extremely limited authority and expand it so that it would be available in any kind of search (physical or electronic) and in any kind of criminal case. The standard that law enforcement must show - that an investigation will be jeopardized - is a very low one. Law enforcement agents will seek to delay notification whenever it is to their advantage to do so. Over time, the delayed notice "exception" would become the rule and would deal another serious blow to the privacy protections afforded by the Fourth Amendment."

Kerry wants to curtail this section by changing the standard from the low standard of "jeopardizing an investigation of any kind of criminal case" to the high standard of "suspected agent of a foreign power", which the police would have to prove to a reasonable level to a judge. This would sharply reduce the usage of this provision, and restrict it to it's proper use of fighting terrorism. It may not be ideal from a civil libertarian perspective, but I think it's a fair compromise, especially when considering that the only viable alternative has already called for eliminating the sunset provisions from the PATRIOT act and has expanded it's power with the PATRIOT act 2.

[Senior citizen]

4. Kerry is literate and patriotic

Kerry does not support the controversial parts of the Patriot Act like sneak and peek, or unlawful detainer (holding people without charge or counsel). And Kerry is opposed to letting the government keep records of what books people borrow from libraries.

But any DUer and Kerry supporter would know that.

I only explained it because I'm afraid that anyone who didn't know it, couldn't spell it, and brought it up anyway, might be a freeper.

I'm sure, that with so many posts, you won't take offense or think I was referring to you, but if you should, I apologize.

[coloradodem2005]

5. I figured he was against it.

There was a post where it said that Kerry was for wiretaps. That had me a little worried. I certainly wouldn't be a freeper with 2000+ posts. If I was, boy am I in the wrong place.

[sandnsea]

10. Too simplistic

Are you against wiretaps in all circumstances? Or just without proper judicial oversight, warrants, etc? People simplify around here to make a case against him. 90% of it is complete garbage.

[Liberal Classic]

12. That's conviction for you

And Kerry is opposed to letting the government keep records of what books people borrow from libraries.

After this critical issue is dealt with what is he going to do about the drug war?

[JayS]

13. Probably nothing. Maybe he will adopt the strategy that a lot...

...of Democrats here did, just do nothing until the Republicans take the ball and run with it. Not much of a plan but it beats working.

[DEMVET-USMC]

6. Kerry is a good man.We the People will once again have Our Rights and

Freedoms restored. It appears to me that Bush hates freedom at least as much as any Islamic screwball. ...Oscar

[coloradodem2005]

7. Bush hates freedom and he hates us for our freedom.

[DEMVET-USMC]

11. My Point Exactly .

...Oscar