Topic: Tangible Things

Senator Patrick Leahy's "USA Freedom Act" is analyzed and described as a expansion of government power rather than a reform. The bill introduces the term "tangible things" and gives the Attorney General "emergency authority" to seize records based on "common sense" without a prior court order. The hosts argue the bill provides total liability protection for companies that cooperate.

Section 215 of the Patriot Act allows the FBI to seize any "tangible things" during authorized investigations, including books, records, and personal items. The legislation includes a strict non-disclosure provision, effectively a gag order, preventing individuals from revealing they have been served with such an order. This institutionalizes secrecy within the Foreign Intelligence Surveillance Act (FISA) framework, making it difficult for citizens to challenge surveillance.