WHEREAS, in October 2001, a little over a month after the World Trade Center and Pentagon terrorist attacks, Congress adopted a law with the ostensible purpose of making it easier for federal agencies to combat terrorism; and

WHEREAS, this Act, which was rushed into passage and is well over 300 pages, crams a variety of approaches to meet this goal, some of which do not comport with basic American values, including civil rights and an individual's right to privacy; and

WHEREAS, while the Act does cover some appropriate issues, such as compensating victims of the terrorist attack, strengthening translation facilities, and increasing forensic cybercrime capabilities, it also strips away protections for innocent citizens and grants powers to federal agencies that are far in excess of what is reasonable, fair, and constitutional; and

WHEREAS, the Act removes many of the checks and balances that prevent the police from conducting improper surveillance on citizens who are not involved in criminal or terrorist activity, including opening the door for widespread surveillance of web surfing and e-mail, wiretaping by the CIA without the need to show probable cause, eavesdropping on confidential attorney-client communications of prisoners in federal custody, and permitting the Attorney General to detain residents of other countries indefinitely even in the absence of a crime; and

WHEREAS, this Act, the "United and Strengthening American by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act," was so entitled so that its proponents could refer to it by the acronym "USA PATRIOT Act," a move designed to quash criticism of its contents by impugning the patriotism of anyone who would dare to criticize it; and

WHEREAS, however, many communities, from Massachusetts to California, are passing resolutions bravely speaking up for the traditional American freedoms, taking a stand by refusing to enforce the Act's unconstitutional provisions, and asking for their repeal; and

WHEREAS, this body supports the fight against terrorism and believes that it can be done successfully with our traditional American protections in place; and

WHEREAS, this body is concerned that certain provisions of the USA PATRIOT Act pose significant threats to our federal and state constitutional protections; and

WHEREAS, this body finds that an act that undermines our freedoms to the extent done in the USA PATRIOT Act attacks the very foundations of the country that our forefathers fought so hard to establish; and

WHEREAS, it is a mark of true patriotism when one constructively criticizes one's nation in order to help it uphold its highest ideals; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, that Hawaii's Congressional delegation is requested to take action to repeal those provisions of the so-called USA PATRIOT Act that seek to violate or infringe on the Constitution of the United States, the Bill of Rights, and the long-standing body of law relating to civil rights and the right of ordinary Americans to privacy; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the Senate of the United States, the Speaker of the House of Representatives of the United States, and the members of Hawaii's Congressional delegation.

Report Title:

Requests the repeal of the unconstitutional provisions of the USA PATRIOT Act.