The draft also would impose a new requirement that the Justice Department report to Congress annually on its use of national security letters, secret requests for the phone, business and Internet records of ordinary people. The aggregate number of letters issued per year, reported to be about 30,000, is classified. Citing confidential investigations, the Justice Department has refused lawmakers' request for the information.

The 2001 Patriot Act removed the requirement that the records sought be those of someone under suspicion. As a result, FBI agents can review the digital records of a citizen as long as the bureau can certify that the person's records are "relevant" to a terrorist investigation.

Also part of the tentative agreement are modest new requirements on so-called roving wiretaps--monitoring devices placed on a single person's telephones and other devices to keep a target from evading law enforcement officials by switching phones or computers.

The tentative deal also would raise the threshold for securing business records under FISA, requiring law enforcement to submit a "statement of facts" showing "reasonable grounds" to believe the records are relevant to an investigation. Law enforcement officials also would have to show that an individual is in contact with or known to be in contact with a suspected agent of a foreign power.

The Republicans apparently think that the PATRIOT Act is their personal toy, and they can do what they want. Maybe we'll get more information later today about what really happened in the conference committee and exclusion of those obstructing Democrats insisting that civil liberties be protected.

[cross-posted on www.FourthAmendment.com]