Subverting the Fathers

"Those willing to give up a little liberty for a little security deserve neither security nor liberty." -- Benjamin Franklin

"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." -- Thomas Jefferson

"The cost of freedom is eternal vigilance" -- Thomas Jefferson

fast forward to 2001...

'The cost of eternal vigilance is freedom' -- John Ashcroft (paraphrased)

it's not an exaggeration.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

-- the Fourth Amendment to the U.S. Constitution


Section 3103a of title 18, United States Code, is amended--

(1) by inserting `(a) IN GENERAL- ' before `In addition'; and

(2) by adding at the end the following:

`(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if--

`(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);

`(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and

`(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.

-- Sec. 213 of the PATRIOT Act (H.R.3162), 2001

(there's a lot more info at TalkLeft)

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