On
Thursday March 18, 2004, in Colorado Springs, C0., the UCCS Center for the Study
of Government and the Individual hosted an evening dinner program,
entitled “Security vs. Liberty: The Patriot Act”. Mr.
Timothy Lynch, Director of the Project on Criminal Justice at the CATO Institute spoke to a group of students,
professors and community leaders. Mr. Lynch called for a
balance between liberty and security in order to maintain our individual
freedoms, while still assuring our country’s safety.
Mr. Lynch made four major points to
consider:
- We need to look at things we can do other than those that require further
restriction of our liberty! (i.e. Shore up our civil defense systems; rather
than stockpile a small pox vaccine, make it available immediately because it
deters attacks and gives people something to do to protect themselves; better
coordinate police and firefighter activities during terrorist events.
Police helicopters couldn’t communicate with firefighters in the NY Twin
Towers).
- Before conferring more power to the federal government we must better
assess the efficiency of agencies and the powers they have already
available. Accountability; (FBI warnings about suspicious flight training
activities went unheeded, the FBI/CIA agencies were short of language
translators to help decode discovered messages, and agencies had too few staff
focusing on terrorism.)
- If we need more power to provide security, proceed cautiously.
The Act
was passed too quickly (two weeks). The Act was passed as one large complicated
package encompassing a lot of detail, and should have had more sunset provisions
in case it needed changing after some implementation. Items of concern
that Mr. Lynch pointed out included – section 215, seizure of personal and
business records where a Judge reviews but has no choice but to issue the legal
order. There is no provision to challenge this action. A gag
provision –can’t tell anyone about the investigative action (may be thrown out
by courts, but it will take a long time) and delayed notification on secret
searches (sneak and peek operations). These are not limited to terrorism.
- At some point a line may have to be drawn in the sand. Our basic liberties
are most important and we don’t want to lose our democratic system in the
process of securing it.
Click
here for information explaining how one can listen to or
watch Mr. Lynch's presentation on the CSGI web site.