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Question:

What are your plans and timeframe for FISA and PATRIOT Act reform legislation?
Asked by: Jon Pincus from Bellevue, WA

Asked of U.S. Sen. Harry Reid (D-NV) on Mar 30th, 2009

Categories: Civil Liberties · Homeland Security. Tags: CFP09 · FISA · Patriot Act · wiretapping.

Answer:

Answer from: U.S. Sen. Benjamin L. Cardin (D-MD)

Ben Cardin: I’m for Congress taking this issue up sooner rather than later. Some of these provisions expire this year. Most don’t expire for sev yrs. But I hope congress will take this matter up quickly. The three provisions that expire this year need to be taken up first, to see whether they need to be continued or modified. So I’m for looking at it. I want to make sure we have institutional protections on the use of these powers, so that it cannot be abused as it was under the Bush Administration. And I want to see whether these tools are important. And if they need to be there, what type of protections can be put in for civil liberties.

EWJ: There are certainly a growing number of questions about the quality of information that was provided to Congress in making these decisions previously. What kind of assurance do you have that you have the information necessary to make choices going forward?

Cardin: Well, we have a new administration. Unfortunately not all their players are in place yet. Still waiting for confirmation on some nominees. But we do have an administration who I think has an understanding of the balance between protecting our security and our civil liberties, so I think we should give them a chance to be heard.

Answered on May 22nd, 2009

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Do you believe that the USA Patriot Act and FISA are in need of review and reform? If not, why not? If so, what are you doing to bring about the changes needed?

<p>I think we have some confusion among some people are what subpoenas are. The confusion in the public and among some of our senators is that a subpoena to a motel to see who signed in to spend the night that is not an individuals private record that is someone else’s record. And there is a diminished expectation of privacy in that. You may have some but traditionally it is never been seen as the same. So we are placing higher burdens I think on the investigators in some of these terrorist cases that we are in America. Some of them are white collar crimes.</p>

<p>Ben Cardin: I’m for Congress taking this issue up sooner rather than later. Some of these provisions expire this year. Most don’t expire for sev yrs. But I hope congress will take this matter up quickly. The three provisions that expire this year need to be taken up first, to see whether they need to be continued or modified. So I’m for looking at it. I want to make sure we have institutional protections on the use of these powers, so that it cannot be abused as it was under the Bush Administration. And I want to see whether these tools are important. And if they need to be there, what type of protections can be put in for civil liberties.</p><p>EWJ: There are certainly a growing number of questions about the quality of information that was provided to Congress in making these decisions previously. What kind of assurance do you have that you have the information necessary to make choices going forward?</p><p>Cardin: Well, we have a new administration. Unfortunately not all their players are in place yet. Still waiting for confirmation on some nominees. But we do have an administration who I think has an understanding of the balance between protecting our security and our civil liberties, so I think we should give them a chance to be heard.</p>