Pubdate: Sun, 28 Sep 2003 Source: State, The (SC) Copyright: 2003 The New York Times Contact: http://www.thestate.com/ Details: http://www.mapinc.org/media/426 Author: Eric Lichtblau, The New York Times Bookmark: http://www.mapinc.org/topics/Patriot+Act Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John) PATRIOT ACT GOES BEYOND TERROR Govermnent Using Expanded Authority to Fight Child Porn, Drugs, Blackmail and Other Crimes WASHINGTON - The Bush administration, which calls the USA Patriot Act perhaps its most essential tool in fighting terrorists, has begun using the law with increasing frequency in criminal investigations that have little or no connection to terrorism. The government is using its expanded authority under the far-reaching law to investigate suspected drug traffickers, white-collar criminals, blackmailers, child pornographers, money launderers, spies and even corrupt foreign leaders, federal officials said. Justice Department officials say they simply are using all the tools available to them to pursue criminals - terrorists or otherwise. But critics of the administration's antiterrorism tactics say such use of the law is evidence the administration has misled the public, using terrorism as a guise to pursue broader goals. A new Justice Department report, given to members of Congress this month, cites more than a dozen cases not directly related to terrorism. In them, federal authorities have used their expanded power to investigate individuals, initiate wiretaps and other surveillance, or seize millions in tainted assets. For instance, the ability to secure nationwide warrants to obtain e-mail and electronic evidence "has proved invaluable in several sensitive nonterrorism investigations," including the tracking of an unidentified fugitive and an investigation into a computer hacker who stole a company's trade secrets, the report said. Department officials said the cases cited represent only a small sampling of the hundreds of nonterrorism cases pursued under the law. Authorities also have used their expanded authority to track private Internet communications in order to investigate a major drug distributor, a four-time killer, an identity thief and a fugitive who fled on the eve of trial by using a fake passport. Anthony Romero, executive director of the American Civil Liberties Union, said, "Once the American public understands that many of the powers granted to the federal government apply to much more than just terrorism, I think the opposition will gain momentum." Sen. Patrick Leahy of Vermont, the ranking Democrat on the Judiciary Committee, said Congress expected some of the new powers to be used for nonterrorism investigations. But he said the Justice Department's secrecy and lack of cooperation in putting the legislation into effect have made him question whether "the government is taking shortcuts around the criminal laws" by invoking intelligence powers - with differing standards of evidence - to conduct surveillance operations and demand access to records. Department officials said such criticism had not deterred them. "There are many provisions in the Patriot Act that can be used in the general criminal law," Mark Corallo, a department spokesman, said. "And I think any reasonable person would agree that we have an obligation to do everything we can to protect the lives and liberties of Americans from attack, whether it's from terrorists or garden-variety criminals." - --- MAP posted-by: Richard Lake