Our Constitutional rights must be defended against multiple assaults from the USA Patriot Act.

The Patriot Act has given the federal government greater authority in viewing our medical and library records (Section 215); cable TV information (Section 211); bank statements and financial records (Section 303 & 505); and Internet and telecommunication access records (Section 210 & 216). These sections allow distribution of this information without our consent and so violate our right to privacy. These new extreme powers have additionally moved the federal government’s techniques toward the realm of unreasonable searches that are disallowed by the Fourth Amendment.

Furthermore, the requirements of warrants and probable cause outlined in the Fourth Amendment are further violated by more sections of the Act. Section 213 authorizes delayed search warrants, meaning seizure of property or information can occur prior to a warrant. Section 212 allows the federal agents to arbitrarily demand records from communications providers with neither judicial review nor consent merely by declaring an emergency situation. Section 215 allows for the seizure of particular kinds of records without criminal activity.

Because the Patriot Act is unconstitutional, it is the responsibility of all public officials to recognize it as an invalid law. All public officials take an oath to uphold the Constitution and therefore cannot recognize the Patriot Act. So far, seven states have passed legislation ordering law enforcement not to comply with its unconstitutional aspects.

We, the undersigned citizens of Connecticut, ask our state law-makers to make Connecticut the eighth state to defend the Constitution. We recommend the following legislation, a tailored version of Montana’s state resolution:

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Connecticut Bill to Defend our Constitution

WHEREAS, the citizens of Connecticut recognize the Constitution of the United States as our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Connecticut's duly elected public servants has sworn to defend and uphold the United States Constitution; and
WHEREAS, the citizens of Connecticut denounce and condemn all acts of terrorism by any entity, wherever the acts occur; and
WHEREAS, terrorist attacks against Americans, such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect citizens of the United States and others from terrorist attacks; and
WHEREAS, any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of Connecticut and the United States; and
WHEREAS, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also known as the USA PATRIOT Act, allow the federal government to more liberally detain and investigate citizens and to engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our federal constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF CONNECTICUT:
That the Connecticut General Assembly supports the government of the United States and affirms the commitment of the United States that the campaign of terrorism not be waged at the expense of essential civil rights and liberties of citizens of this country that are protected in the United States Constitution and the Bill of Rights.
BE IT FURTHER RESOLVED, that it is the policy of the citizens of Connecticut to oppose any portion of the USA PATRIOT Act that violates the rights and liberties guaranteed under the United States Constitution, including the Bill of Rights.
BE IT FURTHER RESOLVED, that in accordance with Connecticut state policy, in the absence of reasonable suspicion of criminal activity under Connecticut law, the Connecticut General Assembly exhorts agents and instrumentalities of this state to not:
(1) initiate or participate in or assist or cooperate with an inquiry, investigation, surveillance, or detention under the USA PATRIOT Act if the action violates constitutionally guaranteed civil rights or civil liberties;
(2) record, file, or share intelligence information concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA PATRIOT Act, if the action violates constitutionally guaranteed civil rights or civil liberties; or
(3) retain any of the intelligence information described in subsections (1) and (2) of this clause if the information violates constitutionally guaranteed civil rights or civil liberties.
BE IT FURTHER RESOLVED, that the Attorney General of Connecticut is encouraged to review intelligence information currently held by the state, assess the legality and appropriateness of holding the information under the United States Constitution, and permanently dispose of all such information to which there is not attached a reasonable suspicion of criminal activity.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly admonishes every agency and instrumentality of the state to not:
(1) use state resources or institutions for the enforcement of federal immigration matters that are the responsibility of the federal government;
(2) collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject of the information was, is, or may be involved in criminal conduct; or
(3) engage in racial profiling.
BE IT FURTHER RESOLVED, that state and local law enforcement agencies should not use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities, except when seeking to apprehend a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly requests:
(1) public schools and institutions of higher learning within Connecticut to provide notice to each individual whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act; and
(2) each public library within Connecticut to post in a prominent place within the library a notice to library users as follows: "WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the books and other material you borrow from this library may be obtained by federal agents. Federal law prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about the law and policy that allows federal agents to obtain and use information about your activities in this library should be directed to: U.S. Attorney General, Department of Justice, Washington, DC 20530".
BE IT FURTHER RESOLVED, that the Connecticut General Assembly encourages the Attorney General of Connecticut to periodically seek from federal authorities the following information in a form that facilitates an assessment of the effect of federal antiterrorism efforts on the residents of Connecticut:
(1) the name of each resident of Connecticut who has been arrested or otherwise detained by federal authorities as a result of terrorism investigations since September 11, 2001, the location of each detainee, the circumstances that led to each detention, the charges, if any, lodged against each detainee, and the name of counsel, if any, representing each detainee;
(2) the number of search warrants that have been executed in Connecticut pursuant to section 213 of the USA PATRIOT Act and without notice to the subject of the warrant;
(3) the extent of electronic surveillance carried out in Connecticut under powers granted in the USA PATRIOT Act;
(4) the extent to which federal authorities monitor political meetings, religious gatherings, or other activities within Connecticut that are protected by the First Amendment;
(5) the number of times that education records have been obtained from public schools and institutions of higher learning in Connecticut under section 507 of the USA PATRIOT Act;
(6) the number of times that library records have been obtained from libraries in Connecticut under section 215 or section 505 of the USA PATRIOT Act; and
(7) the number of times that records of the books purchased by store patrons from bookstores in Connecticut have been obtained under section 215 of the USA PATRIOT Act.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly requests the Attorney General of Connecticut to compile and transmit to each member of the Assembly, at least once every 6 months, a summary of the information obtained pursuant to the legislative requests made in this resolution and, based on the information and any other relevant information, to include an assessment of the effect of federal antiterrorism efforts on the residents of Connecticut.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly desires that all public libraries adopt policies that ensure the regular destruction of records, when the records are no longer needed, that may be used to identify the name of a book borrower or the name of any Internet user.
BE IT FURTHER RESOLVED, that in order to protect intellectual privacy rights, the Connecticut General Assembly advises all persons in local businesses and institutions, particularly booksellers, to refrain whenever possible from keeping records that can be used to identify the name of any purchaser and to regularly destroy sales records maintained by the business or institution.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly urges the Connecticut delegation in the United States Congress to:
(1) correct provisions in the USA PATRIOT Act and other administrative measures that infringe on civil liberties by supporting the sunset provisions of the USA PATRIOT Act, slated to be reviewed by Congress in 2005, and ultimately allow the USA PATRIOT Act to expire; and
(2) support passage of the Security and Freedom Ensured Act of 2003 and the End Racial Profiling Act of 2004.
BE IT FURTHER RESOLVED, that the Connecticut General Assembly urges the Connecticut Congressional Delegation to vigorously oppose any pending and all future federal legislation if the legislation infringes on the civil rights and civil liberties of American citizens. Federal legislation that the Connecticut Congressional Delegation is encouraged to oppose includes but is not limited to the Domestic Security Enhancement Act of 2003, also known as Patriot Act II.
BE IT FURTHER RESOLVED, that the Secretary of State send a copy of this resolution to President George W. Bush, the Attorney General of the United States, Governor Rell of Connecticut, Senator Joseph Lieberman, Senator Chris Dodd, Representative John Larson, Representative Rob Simmons, Representative Rosa DeLauro, Representative Chris Shays, and Representative Nancy Johnson
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