Agenda - 05-20-2003-5c - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2003 Action Agenda Item No. ~4 - G SUBJECT: Resolution Protecting Civil Rights and Civil Liberties and Opposing Portions of the USA Patriot Act DEPARTMENT: Human Rights and Relations PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Resolution Bill of Rights Defense Committee Publication - A Guide to Provisions of the USA Patriot Act Annette Moore, ext 2254 Barbara Chapman, Human Relations Commission Chair TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To preserve and protect the civil rights and liberties of Orange County residents and to oppose those portions of the USA Patriot Act and any other related Executive Orders that fundamentally alter those rights and civil liberties. BACKGROUND: The United States Constitution guarantees all persons living in the United States fundamental rights including: freedom of religion, speech, assembly and privacy, protection from unreasonable search and seizure by the government; due process and equal protection; equality before the law and the presumption of innocence in criminal proceedings; access to counsel in judicial proceedings where a persons liberty is at issue; and a fair, speedy and public trial. On October 26, 2001, in response to the attack on the World Trade Center in New York, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (hereinafter referred to as the "USA Patriot Act"). The USA Patriot Act expands the conduct of the government when investigating domestic "terrorism." The Human Relations Commission affirms its opposition to terrorism, but remains committed to the ideal that efforts to end terrorism not be made at the expense of the fundamental civil rights and liberties of the residents of Orange County and the United States. The current definition of domestic terrorism in the USA Patriot Act is so broad that it could be interpreted to cover acts of civil disobedience. The USA Patriot Act has a number of provisions that can alter persons rights protected by the United States Constitution including: - Significantly expanding the government's ability to access sensitive medical, mental health, financial and educational records about individuals; and lowers the burden of proof required to conduct secret searches and telephone and Internet surveillance; - Giving law enforcement agencies expanded authority to obtain library records and prohibits librarians from informing patrons of monitoring or information requests;