May 3, 2004President George W. Bush
Dear President Bush:
We are writing on behalf of the 2,700 members of PEN American Center to urge you to listen closely to the elected representatives from both parties who have raised concerns about provisions of the USA PATRIOT Act and related antiterror legislation, and to use the opportunity afforded by the sunset clause in many of the Act's provisions to promote an open, nonpartisan review of post-9/11 security measures. As an organization that is dedicated to protecting free expression and the unfettered exchange of information and ideas, and one that for 83 years has challenged abuses of power by governments that often justify their abuses in the name of national security, PEN has identified three areas of concern in the USA PATRIOT Act and the many related laws and executive orders enacted since the September 11, 2001, terrorist attacks. These concerns are in the realms of privacy, access to information, and compliance with international law and human rights standards. Our positions in these areas are far from controversial. Privacy protections-for example, legal guarantees that citizens not suspected of involvement in criminal activity will not be the target of government surveillance-are fundamental to a free society, and essential to ensure that individuals feel at liberty to explore new ideas and pursue information of their own choosing. Our ability to evaluate our ideas and our policies depends on access to information, especially information on how our government is conducting affairs of state, and to ideas, especially those that are figuratively or literally foreign to our way of thinking. And our stature and lasting influence in the world stand or fall on our willingness to adhere to the universal standards and principles the United States helped formulate and promote. PEN deplores terrorism. Moreover, as an organization with offices less than a mile from the World Trade Center site, we know firsthand the magnitude and immediacy of the terrorist threat, and support strong, targeted measures to confront this threat and prevent terrorist attacks-including many of the provisions of the USA PATRIOT Act. At the same time, the USA PATRIOT Act and many related measures were enacted in a moment of extreme emotion and alarm, circumstances that seldom foster the most effective, enduring, and just public policy. Recognizing this, many legislators who supported the USA PATRIOT Act did so with the understanding that many of its provisions would be reviewed in 2005, and all who endorsed this legislation are now obligated to evaluate these provisions carefully. As they do, we are asking that they work to refine and improve these measures by making sure each provision:
protects the privacy of US citizens and residents not suspected of involvement in terrorist activity;
ensures public access to government information, including information on the implementation of antiterror legislation, and to a full range of voices and visitors from overseas; and
complies with international law and human rights covenants.