PATRIOT Act and Privacy Protection Act

Reading over my communication law book to study for my upcoming test, I came across the Privacy Protection act of 1980. This Act made most newsroom searches by law enforcement agencies unlawful, making these types of searches very rare. Waine Overbeck wrote in his book, Major Principles of media law that “Under the Privacy Protection Act, law enforcement officials are prohibited from conduction searches and seizures involving documentary materials held by the newsgatherers except under limited circumstances.” These circumstances are if the newsgatherer is suspected of a crime, to prevent someone’s death, if giving a subpoena would result the materials destruction, or if tey ere not result of court order and affirmed on appeal. Then the question comes: Can journalists and newsrooms be searched under the patriot act?

A report called the PATRIOT Act and Beyond by the Reporters Committee of Freedom of the Press, answered most of my questions. The report showed how the Act, which is meant to trap and suppress terrorists, also compromises the ability for journalists to report on the war on terror. It states that Journalists should be aware of government laws that able them to wrap themselves in secrecy. The secrecy that now the patriot act protects. RCFP said the newsroom searches are allowed under the patriot act. Under Article 215 of the PATRIOT Act, the FBI could seek an order to the search under production of any tangible thing, which includes papers, notes, records, documents. The Privacy Act would protect a newsroom covering the government on terrorist activity, but not under the PATRIOT Act. Since the Privacy Act only applies to criminal investigation, and the FBI has made it clear that the PATRIOT Act is subject to any investigation to protect against international terrorism, the article said.

Another thing to note is that section 215 will also forbid the search to be revealed. However the new and improved PATRIOT Act has made it are eligible for petition to complain about a search and will have to wait 365 day period after persuading a federal judge that the government acted in bad faith, a report by James Bovard said.