Patriot Act Emergency Disclosure Prompts Concerns

WASHINGTON, D.C. – As sections of the Patriot Act face expiration by the end of the year, the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security has been holding hearings to determine which sections, if any, should be renewed.

On May 5, the subcommittee focused its review on Section 212 of the Act that allows the government to obtain email and other electronic communications without a subpoena in "emergency" situations. The section allows the government to request that Internet service providers disclose either customer records or the content of customers' communications in any situation that involves "immediate danger of death or serious physical injury."

The Bush administration wants all the sections of the Patriot Act to be made permanent, but many Democrats on the judiciary committee are concerned over potential abuses, in particular Rep. Jeff Flake, R-Ariz., who feels that many of the more controversial parts of the Act should be reformed but not repealed.

James Dempsey, executive director of the Center for Democracy and Technology, said he supported renewal of Section 212 but that certain "checks and balances" should be added, although the Bush Administration has been vague in agreeing to any kind of congressional involvement in enforcing sections of the Act.

Dempsey recommended that Congress establish a remedy for abuse, barring the government from using information if it misleads the service provider into believing there was an emergency.

Rep. Sheila Jackson-Lee, D-Texas, said during the review that the term "emergency" could be used too broadly by government officials, and another representative, Rep. Dan Lungren R-Calif., said he was not concerned about the scope of Section 212, but he wondered why there should not be some kind of judicial review of information turned over to the government.

"What would be the harm in requiring some review by courts after the fact?" Lungren said.

Assistant Attorney General William Moschella said the administration was open to looking at any recommended changes to the Patriot Act, but he did not endorse any specific proposals.

According to a statement given by Moschella to the subcommittee, Section 212 has aided law enforcers in life and death situations, including in the case of an 88-year-old Wisconsin woman who was kidnapped and held for ransom in February 2003. Section 212 and other Patriot Act provisions were used to gather information, including communications provided by ISPs, that helped to identify several suspects in the case.

In his written testimony, Moschella stated that "precious time would be wasted" in emergency situations if the government had to wait for a court order or grand jury subpoena to obtain information under Section 212.

"Requiring such a time-consuming procedure would eliminate the vital benefits provided by Section 212, because, in some emergency situations, even a matter of minutes may mean the difference between life and death," he said.

Moschella said the administration would "certainly be concerned if the committee went in that direction."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

Reagan Foxx Headlines 'Mom's Little Cuck' From Reality Junkies

2023 XMAs MILF Performer of the Year Reagan Foxx toplines "Mom’s Little Cuck" from Mile High Media studio imprint Reality Junkies.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Clémence Audiard on Blending Gonzo With High-Style Eroticism

There's an unmistakable radiance that surrounds Clémence Audiard — a glow born of the power to manifest her own vision. With Clemence Crave, her self-funded and self-directed production house, Audiard has sculpted a universe entirely her own.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Sofie Marie Makes Her WIFEY Debut

Sofie Marie stars with her husband Spike, Dan Damage, and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Elegant Angel Debuts James Avalon Drama 'Summer & Joy'

Elegant Angel has released the first installment of the James Avalon-helmed drama "Summer & Joy."

Octavia Red Stars in 'Lipstick on the Glass' From Deeper

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Ashley Lane and Mannie Coco in "Lipstick on the Glass," from Vixen Media Group studio imprint Deeper.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Show More