Patriot Act
Committee on Transportation and Infrastructure; Committee on Armed Services | |
Major amendments | |
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USA Freedom Act |
The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark
The Patriot Act was enacted following the September 11 attacks and the 2001 anthrax attacks with the stated goal of tightening U.S. national security, particularly as it related to foreign terrorism. In general, the act included three main provisions:
- Expanded tappingdomestic and international phones;
- Easier interagency communication to allow federal agencies to more effectively use all available resources in counterterrorism efforts; and
- Increased penalties for terrorism crimes and an expanded list of activities which would qualify for terrorism charges.
The law is extremely controversial due to its authorization of
It contains many sunset provisions beginning December 31, 2005, approximately four years after its passage. Before the sunset date, an extension was passed for four years which kept most of the law intact. In May 2011, President Barack Obama signed the PATRIOT Sunset Extensions Act of 2011, which extended three provisions.[2] These provisions were modified and extended until 2019 by the USA Freedom Act, passed in 2015.[3] In 2020, efforts to extend the provisions were not passed by the House of Representatives, and as such, the law has expired.[4]
History
The Patriot Act was enacted in direct response to the
Opponents of the law have criticized its provision for
Many of the act's provisions were set to expire on December 31, 2005, approximately four years after its enactment. In the months preceding the sunset date, supporters of the act pushed to make those provisions permanent, while critics sought to revise various sections to enhance civil liberties protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several of the act's sections, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee criticized by senators from both the Republican and Democratic parties for ignoring civil liberty concerns.[10]
The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed by President Bush on March 9 and 10 of that year.
On May 11, 2012, President
After reauthorization bills failed to pass Congress, parts of the Patriot Act expired on June 1, 2015.[13] The USA Freedom Act, which became law on June 2, 2015, reenacted these expired sections through 2019.[14] However, Section 215 of the law was amended to disallow the National Security Agency (NSA) to continue its mass phone data collection program.[14] Instead, phone companies will retain the data and the NSA can obtain information about targeted individuals with a federal search warrant.[14]
In November 2019, the renewal of the Patriot Act was included in the stop-gap government funding bill.[15] The expired provisions required renewal by March 15, 2020.[16] The Senate passed a 77-day extension in March 2020, but the House of Representatives did not pass the legislation before departing for recess on March 27, 2020. Instead, the Patriot Act was split into two measures as a means of explaining to the public that the Patriot Act would no longer openly be in effect.[17][18][19][20]
Legislative history
Final House vote:
Vote by Party | Yea | Nay |
---|---|---|
Republicans | 211 | 3 |
Democrats | 145 | 62 |
Independents | 1 | 1 |
Total | 357 | 66 |
Not voting | 6 | 4 |
Final Senate vote:
Vote by party | Yea | Nay |
---|---|---|
Republicans | 49 | 0 |
Democrats | 48 | 1 |
Independents | 1 | 0 |
Total | 98 | 1 |
Not voting | 0 | 1 |
Titles
Title I: Enhancing domestic security against terrorism
Title I of the Patriot Act authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the Terrorist Screening Center which is administered by the FBI. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the
Title II: Enhanced surveillance procedures
Title II is titled "Enhanced Surveillance Procedures" and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA and the ECPA; furthermore, many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather "foreign intelligence information" from both U.S. and non-U.S. citizens and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose.[23] The change in definition was meant to remove a legal "wall" between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped.[24] However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment.[25] The title also expanded the duration of FISA physical search and surveillance orders,[26] and gave authorities the ability to share information gathered before a federal grand jury with other agencies.[27]
The scope and availability of wiretapping and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of
Various provisions allowed for the disclosure of electronic communications to law enforcement agencies. Those who operate or own a "protected computer" can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute.
Title II established three very controversial provisions: "sneak and peek" warrants, roving wiretaps and the ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called "sneak and peek" law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act—the FBI field manual says that it is a "flexible standard"[36]—and it may be extended at the court's discretion.[37] These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007, after a Portland attorney, Brandon Mayfield, was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution.[38][39]
Roving wiretaps are wiretap orders that do not need to specify all common carriers and third parties in a surveillance court order. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones,[40] while opponents see it as violating the particularity clause of the Fourth Amendment.[41][42] Another highly controversial provision is one that allows the FBI to make an order "requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution."[43] Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision.[44] In a resolution passed on June 29, 2005, they stated that "Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity."[45]
The title also covers a number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the
At the insistence of Republican Representative Richard Armey,[49] the Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.[50] The provisions that were to expire are below.
Title III: Anti-money-laundering to prevent terrorism
Title III of the Act, titled "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001," is intended to facilitate the prevention, detection, and prosecution of international
The first subtitle also tightened the recordkeeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It even made institutions put into place reasonable steps to identify
Restrictions were placed on accounts and foreign banks. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country. It also prohibits or restricts the use of certain accounts held at financial institutions.[56] Financial institutions must now undertake steps to identify the owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption.[57] Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in the U.S. Thus any restraining order, seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank.[58] Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts.[59] Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers.
The definition of money laundering was expanded to include making a financial transaction in the U.S. in order to commit a violent crime;[60] the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munition[61] and the importation or bringing in of any firearm or ammunition not authorized by the U.S. Attorney General[62] and the smuggling of any item controlled under the Export Administration Regulations.[63][64] It also includes any offense where the U.S. would be obligated under a
It also allows the forfeiture of any property within the jurisdiction of the United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance.[67] Foreign nations may now seek to have a forfeiture or judgment notification enforced by a district court of the United States.[68] This is done through new legislation that specifies how the U.S. government may apply for a restraining order[69] to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement.[70] In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process.[68] The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement.[71] The Secretary was also ordered to encourage international cooperation in investigations of money laundering,The Act also introduced criminal penalties for corrupt officialdom. An official or employee of the government who acts corruptly—as well as the person who induces the corrupt act—in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. The financial institution can be fined $US10,000 for each day the account remains open after the 10-day limit has expired.[58]
The second annotation made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to the BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U.S. intelligence agencies.[73] A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$10,000 and made it illegal to structure transactions in a manner that evades the BSA's reporting requirements.[74] To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs)—those who operate informal value transfer systems outside of the mainstream financial system—were included in the definition of a financial institution.[75] The BSA was amended to make it mandatory to report suspicious transactions and an attempt was made to make such reporting easier for financial institutions.[76]
The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA was amended to make it a criminal offense to evade currency reporting by concealing more than US$10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years' imprisonment and the forfeiture of any property up to the amount that was being smuggled.
Title IV: Border security
Title IV of the Patriot Act amends the
Under Subtitle B, various definitions relating to terrorism were altered and expanded. The INA was
The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal
A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases.[103] The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.[104] which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program.[105]
The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C. § 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.[106] The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.[107]
The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism.[108] They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in the United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.[109]
Title V: Removing obstacles to investigating terrorism
Title V allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $US250,000 may not be made or offered without the personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives.
U.S. Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions.[116] The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]." An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.[117]
One of the most controversial aspects of the USA PATRIOT Act is in Title V, and relates to
Title VI: Victims and families of victims of terrorism
Title VI amended the Victims of Crime Act of 1984 (VOCA) to change how the U.S. Victims of Crime Fund was managed and funded, improving the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers injured or killed in the line of duty. Payments must be made no later than 30 days later.[124] The Assistant Attorney General was given expanded authority under Section 614 of the USA PATRIOT Act to make grants to any organization that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program.[125] Further changes to the Victims of Crime Fund increased the amount of money in the Fund and changed the way that funds were distributed.[126] The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas. Means testing was also waived for those who apply for compensation.[127] Under VOCA, the director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in Washington, D.C., Puerto Rico, the U.S. Virgin Islands, or any other U.S. territory.[128] VOCA also provides for compensation and assistance to victims of terrorism or mass violence.[129] This was amended to allow the director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.[130]
Title VII: Increased information sharing for critical infrastructure protection
Title VII has one section. The purpose of this title is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity.
Title VIII: Terrorism criminal law
Title VIII alters the definitions of terrorism and establishes or re-defines rules with which to deal with it. It redefined the term "domestic terrorism" to broadly include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition also encompasses activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and are intended to "intimidate or coerce a civilian population," "influence the policy of a government by intimidation or coercion," or are undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping" while in the jurisdiction of the United States.[131] Terrorism is also included in the definition of
New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment.[134] The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for "
A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made a crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both.[136] U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities.[137] One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance."[138] In 2004, after the Humanitarian Law Project filed a civil action against the U.S. government, a Federal District Court struck this down as unconstitutionally vague;[139] but in 2010 the Supreme Court upheld it.[140] Congress later improved the law by defining the definitions of the "material support or resources," "training," and "expert advise or resources."[141]
Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone's medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years' imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years' imprisonment.[142] The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have the capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to "facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces." The sum of $50,000,000 was authorized for establishing such labs.[143]
Title IX: Improved intelligence
Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the U.S. Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.[144] With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the director any foreign intelligence acquired by the U.S. Department of Justice. The U.S. Attorney General and Director of Central Intelligence both were directed to develop procedures for the Attorney General to follow in order to inform the director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters.[145] International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.[146]
A number of reports were commissioned relating to various intelligence-related government centers. One was commissioned into the best way of setting up the National Virtual Translation Center, with the goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community.[147] The USA PATRIOT Act required this to be provided on February 1, 2002; however, the report, entitled "Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance the Intelligence Community's Foreign Language Capabilities, April 29, 2002" was received more than two months late, which the Senate Select Committee on Intelligence reported was "a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation."[148] Another report was commissioned on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury.[149] It was due by February 1, 2002; however, it was never written. The Senate Select Committee on Intelligence later complained that "[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of the USA PATRIOT Act" and they further directed "that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director's failure to comply with lawful reporting requirements."[150]
Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until at least February 1, 2002, if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized.[151] The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.[152] A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities.[146]
Title X: Miscellaneous
Title X created or altered a number of miscellaneous laws that did not fit into any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials.[153] The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ.[154] It amended the definition of "electronic surveillance" to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation.[155] Money laundering cases may now be brought in the district where the money laundering was committed or where a money laundering transfer started from.[156] Aliens who committed money laundering were also prohibited from entering the U.S.[157] Grants were provided to first responders to assist them in responding to and preventing terrorism.[158] US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia.[159] The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI's database to flag suspected criminals.[160] Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.[161] The Department of Defense was given temporary authority to use their funding for private contracts for security purposes.[162] The last title also created a new Act called the Crimes Against Charitable Americans Act[163] which amended the Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing.[164] It also increased the penalties from one year's imprisonment to five years' imprisonment for those committing fraud by impersonating a Red Cross member.[165]
Section expirations
#FIXME LEGEND NEEDED
Status | Section | Title | Expiration date |
---|---|---|---|
✓ | PA 201
|
Authority to intercept wire, oral, and electronic communications relating to terrorism and others | |
✓ | PA 202
|
Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses | |
✓ | PA 203(b)
|
Authority to share electronic, wire and oral interception information | |
✓ | PA 204
|
Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications | |
✓ | PA 206
50 USC 1805(c)(2)(B) |
Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978. | |
✓ | PA 207
|
Duration of FISA surveillance of non-United States persons who are agents of a foreign power | |
✓ | PA 209
|
Seizure of voice-mail messages pursuant to warrants
|
|
✓ | PA 212
|
Emergency disclosure of electronic communications to protect life and limb | |
✓ | PA 214
|
Pen register and trap and trace authority under FISA | |
✖ | PA 215 |
Access to records and other items under the Foreign Intelligence Surveillance Act. | |
✓ | PA 217
|
Interception of computer trespasser communications | |
✓ | PA 218
|
Foreign intelligence information | |
✓ | PA 220
|
Nationwide service of search warrants for electronic evidence | |
✓ | PA 223
|
Civil liability for certain unauthorized disclosures | |
✓ | PA 225
|
Immunity for compliance with FISA wiretap | |
✓ | IRTPA 6001
50 USC 1801(b)(1)(C) |
"Lone wolf" provision |
Controversy
The USA PATRIOT Act has generated a great deal of controversy since its enactment.
Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 attacks, believing that there would have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed (senators Patrick Leahy (D-VT) and Russ Feingold (D-WI) proposed amendments to modify the final revision).[166][167][168]
The sheer magnitude of the Act itself was noted by
Moore was not the only commentator to notice that not many people had read the Act. When Dahlia Lithwick and Julia Turne for Slate asked, "How bad is PATRIOT, anyway?", they decided that it was "hard to tell" and stated:
The ACLU, in a new fact sheet challenging the DOJ Web site, wants you to believe that the act threatens our most basic civil liberties. Ashcroft and his roadies call the changes in law "modest and incremental." Since almost nobody has read the legislation, much of what we think we know about it comes third-hand and spun. Both advocates and opponents are guilty of fear-mongering and distortion in some instances.[172]
One prime example of how the Patriot Act has stirred controversy is the case of Susan Lindauer. Lindauer is a former Congressional staffer and antiwar activist who was charged under the Patriot Act with "acting as an unregistered agent of a foreign government," then ruled by a court mentally unfit to stand trial. Lindauer has emphatically denied both on many occasions, saying that she in fact had been a CIA agent serving as a link between the U.S. and Iraqi governments. In 2010 she wrote a book called Extreme Prejudice: The Terrifying Story of the Patriot Act and the Cover-Ups of 9/11 and Iraq to that effect.[173][self-published source] The charges were dropped in 2009.
Another example of controversy in the Patriot Act is the 2012 court case United States v. Antoine Jones. A nightclub owner was linked to a drug trafficking stash house via a law enforcement GPS tracking device attached to his car. It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court. The case eventually reached the U.S. Supreme Court, where the conviction was overturned. The court found that increased monitoring of suspects caused by such legislation like the Patriot Act violated the defendant's constitutional rights.[citation needed]
The Electronic Privacy Information Center (EPIC) has criticized the law as unconstitutional, especially when "the private communications of law-abiding American citizens might be intercepted incidentally",[174] while the Electronic Frontier Foundation held that the lower standard applied to wiretaps "gives the FBI a 'blank check' to violate the communications privacy of countless innocent Americans".[42] Others do not find the roving wiretap legislation to be as concerning. Professor David D. Cole of the Georgetown University Law Center, a critic of many of the provisions of the Act, found that though they come at a cost to privacy are a sensible measure[175] while Paul Rosenzweig, a Senior Legal Research Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation, argues that roving wiretaps are just a response to rapidly changing communication technology that is not necessarily fixed to a specific location or device.[176]
The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order.[177] James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[178] and the EFF criticizes the provision's lack of notice. However, the EFF's criticism is more extensive—they believe that the amendment "is in possible violation of the Fourth Amendment to the U.S. Constitution" because previously if the FBI listened to voicemail illegally, it could not use the messages in evidence against the defendant.[179] Others disagree with these assessments. Legal Scholar Orin Kerr believes that the ECPA "adopted a rather strange rule to regulate voicemail stored with service providers" because "under ECPA, if the government knew that there was one copy of an unopened private message in a person's bedroom and another copy on their remotely stored voicemail, it was illegal for the FBI to simply obtain the voicemail; the law actually compelled the police to invade the home and rifle through people's bedrooms so as not to disturb the more private voicemail." In Professor Kerr's opinion, this made little sense and the amendment that was made by the USA PATRIOT Act was reasonable and sensible.[180][181]
The Patriot Act's expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF.[182] They believe that agencies will be able to "'shop' for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no—even if the warrant doesn't satisfy the strict requirements of the Fourth Amendment to the Constitution",[183] and that it reduces the likelihood that smaller ISPs or phone companies will try to protect the privacy of their clients by challenging the warrant in court—their reasoning is that "a small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it."[183] They believe that this is bad because only the communications provider will be able to challenge the warrant as only they will know about it—many warrants are issued ex parte, which means that the target of the order is not present when the order is issued.[183]
For a time, the USA PATRIOT Act allowed for agents to undertake "sneak and peek" searches.[37] Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment,[184] with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed.[185][186]
In 2004, FBI agents used this provision to search and secretly examine the home of
Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. The EFF argues that had this law been enacted during Apartheid, U.S. citizens would not have been able to support the African National Congress (ANC) as the EFF believes the ANC would have been classed as a terrorist organization. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law, and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.[188]
Another group, the Humanitarian Law Project, also objected to the provision prohibiting "expert advise and assistance" to terrorists and filed a suit against the U.S. government to have it declared unconstitutional. In 2004 a Federal District Court struck the provision down as unconstitutionally vague,[139] but in 2010 the Supreme Court reversed that decision.[140]
Perhaps one of the biggest controversies involved the use of
Another provision of the USA PATRIOT Act has caused a great deal of consternation among librarians. Section 215 allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Among the "tangible things" that could be targeted, it includes "books, records, papers, documents, and other items".[43]
Supporters of the provision point out that these records are held by third parties, and therefore are exempt from a citizen's reasonable expectations of privacy and also maintain that the FBI has not abused the provision.[196] As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used.[197]
However, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that it adopted a resolution condemning the USA PATRIOT Act and urging members to defend free speech and protect patrons' privacy.[198]
The association urged librarians to seek legal advice before complying with a search order, and advised its members to keep records only for as long as was legally required.[199] Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.[200][201][202]
In 2005, Library Connection, a nonprofit consortium of 27 libraries in Connecticut, known as the Connecticut Four worked with the ACLU to lift a gag order for library records, challenging the government's power under Section 505 to silence four citizens who wished to contribute to public debate on the PATRIOT Act. This case became known as Doe v. Gonzales. In May 2006, the government finally gave up its legal battle to maintain the gag order. In a summary of the actions of the Connecticut Four and their challenge to the USA PATRIOT Act, Jones (2009: 223) notes: "Librarians need to understand their country's legal balance between the protection of freedom of expression and the protection of national security. Many librarians believe that the interests of national security, important as they are, have become an excuse for chilling the freedom to read."[203]
Another controversial aspect of the USA PATRIOT Act is the immigration provisions that allow for the indefinite detention of any alien who the Attorney General believes may cause a terrorist act.[102] Before the USA PATRIOT Act was passed, Anita Ramasastry, an associate professor of law and a director of the Shidler Center for Law, Commerce, & Technology at the University of Washington School of Law in Seattle, Washington, accused the Act of depriving basic rights for immigrants to America, including legal permanent residents. She warned that "Indefinite detention upon secret evidence—which the USA PATRIOT Act allows—sounds more like Taliban justice than ours. Our claim that we are attempting to build an international coalition against terrorism will be severely undermined if we pass legislation allowing even citizens of our allies to be incarcerated without basic U.S. guarantees of fairness and justice."[204] Many other parties have also been strongly critical of the provision. Russell Feingold, in a Senate floor statement, claimed that the provision "falls short of meeting even basic constitutional standards of due process and fairness [as it] continues to allow the Attorney General to detain persons based on mere suspicion".[205] The University of California passed a resolution condemning (among other things) the indefinite detention provisions of the Act,[206] while the ACLU has accused the Act of giving the Attorney General "unprecedented new power to determine the fate of immigrants ... Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial."[207]
Another controversial aspect of the USA PATRIOT Act is its effect on the privacy of Canadians living in the province of British Columbia (B.C.). British Columbia's privacy commissioner raises concerns that the USA PATRIOT Act will allow the United States government to access Canadians' private information, such as personal medical records, that are outsourced to American companies. Although the government of B.C. has taken measures to prevent United States authorities from obtaining information, the widespread powers of the USA PATRIOT Act could overcome legislation that is passed in Canada.[208] B.C. Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, "once information is sent across borders, it's difficult, if not impossible, to control".[209]
In an effort to maintain their privacy, British Columbia placed amendments on the Freedom of Information and Protection of Privacy Act (FOIPPA), which was enacted as law on October 21, 2004. These amendments aim to place more firm limitations on "storing, accessing, and disclosing of B.C. public sector data by service providers."[210] These laws only pertain to public sector data and do not cover trans-border or private sector data in Canada. The public sector establishments include an estimated 2,000 "government ministries, hospitals, boards of health, universities and colleges, school boards, municipal governments and certain Crown corporations and agencies."[210] In response to these laws, many companies are now specifically opting to host their sensitive data outside the United States.[211]
Legal action has been taken in Nova Scotia to protect the province from the USA PATRIOT Act's data collecting methods. On November 15, 2007, the government of Nova Scotia passed legislation aimed to protect Nova Scotians' personal information from being brought forward by the USA PATRIOT Act. The act was entitled "The new Personal Information International Disclosure Protection Act". The goal of the act is to establish requirements to protect personal information from being revealed, as well as punishments for failing to do so. Justice Minister Murray Scott stated, "This legislation will help ensure that Nova Scotians' personal information will be protected. The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled."[181][212] In the 1980s, the Bank of Nova Scotia was the center of an early, pre-Internet data-access case that led to the disclosure of banking records.[213]
After suspected abuses of the USA PATRIOT Act were brought to light in June 2013 with articles about collection of American call records by the
Sami Al-Arian
Reauthorizations
The USA PATRIOT Act was reauthorized by three bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by Congress in July 2005. This bill reauthorized some, but not all, provisions of the original USA PATRIOT Act, as well as the newer
The first act reauthorized all but two Title II provisions. Two sections were changed to sunset on December 31, 2009: section 206—the roving wiretap provision—and section 215, which allowed access to business records under FISA. Section 215 was amended further to give greater judicial oversight and review. Such orders were also restricted to be authorized by only the FBI Director, the FBI Deputy Director, or the Executive Assistant Director for National Security, and minimization procedures were specified to limit the dissemination and collection of such information. Section 215 also had a "gag" provision, which was changed to allow the defendant to contact their attorney.[223] However, the change meant that the defendant was also required to tell the FBI who they were disclosing the order to; this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.[224]
On Saturday, February 27, 2010, President Barack Obama signed into law legislation that would temporarily extend, for one year, three controversial provisions of the Patriot Act that had been set to expire:[225][226][227][228]
- Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
- Allow court-approved seizure of records and property in anti-terrorism operations.
- Permit surveillance against a so-called lone wolf (a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group).[229]
In a vote on February 8, 2011, the House of Representatives considered a further extension of the Act through the end of 2011.[230] House leadership moved the extension bill under suspension of the rules, which is intended for noncontroversial legislation and requires two-thirds majority to pass.[230] After the vote, the extension bill did not pass; 277 members voted in favor, which was less than the 290 votes needed to pass the bill under suspension of the rules.[230] Without an extension, the Act was set to expire on February 28, 2011. However, it eventually passed, 275–144.[231] The FISA Sunsets Extension Act of 2011 was signed into law February 25, 2011.
On May 26, 2011,
As NSL provisions of the USA PATRIOT Act had been struck by the courts
Changes were made to the roving wiretap provisions of the USA PATRIOT Act. Applications and orders for such wiretaps must describe the specific target of the electronic surveillance if the identity of the target is not known. If the nature and location of each of the facilities or places targeted for surveillance is not known, then after 10 days the agency must provide notice to the court. The notice must include the nature and location of each new facility or place at which the electronic surveillance was directed. It must also describe the facts and circumstances relied upon by the applicant to justify the applicant's belief that each new surveillance place or facility under surveillance is or was being used by the target of the surveillance. The applicant must also provide a statement detailing any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed. Applicants must detail the total number of electronic surveillances that have been or are being conducted under the authority of the order.[239]
Section 213 of the USA PATRIOT Act was modified. Previously it stated that delayed notifications would be made to recipients of "sneak and peek" searches in a "reasonable period". This was seen as unreasonable, as it was undefined and could potentially be used indefinitely. Thus, the reauthorization act changed this to a period not exceeding 30 days after the date of the execution of the search warrant. Courts were given the opportunity to extend this period if they were provided good cause to do so. Section 213 states that delayed notifications could be issued if there is "reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result". This was criticized, particularly by the ACLU, for allowing potential abuse by law enforcement agencies
The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.[244] The duration of FISA surveillance and physical search orders were increased. Surveillance performed against "lone wolf terrorists" under section 207 of the USA PATRIOT Act were increased to 120 days for an initial order, while pen registers and trap and trace device extensions under FISA were increased from 90 days to a year. The reauthorization act also increased congressional oversight, requiring a semi-annual report into physical searches and the use of pen registers and trap and trace devices under FISA.[245] The "lone wolf terrorist" provision (Section 207) was a sunset provision that also was to have expired; however, this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004. The reauthorization act extended the expiration date to December 31, 2009.[246] The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act[141] was also made permanent.[247] The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism.[248] Other provisions of the reauthorization act was to merge the law outlawing train wrecking (18 U.S.C. § 992) and the law outlawing attacks on mass transportation systems (18 U.S.C. § 1993) into a new section of Title 18 of the U.S. Code (18 U.S.C. § 1992) and also to criminalize the act of planning a terrorist attack against a mass transport system.[249][250] Forfeiture law was further changed and now assets within U.S. jurisdiction will be seized for illegally trafficking in nuclear, chemical, biological or radiological weapons technology or material, if such offense is punishable under foreign law by death or imprisonment for a term exceeding one year. Alternatively, this applies if similar punishment would be so punishable if committed within the U.S.[251] A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.[252]
The Trump administration delivered a letter to Congress in August 2019 urging them to make permanent three surveillance provisions of the Patriot Act. The provisions included section 215, which enables domestic call-record collection as well as the collection of other types of business records.[253]
In November 2019, the House approved a three-month extension of the Patriot Act which would have expired on December 15, 2019. It was included as part of a bigger stop-gap spending bill aimed at preventing government shutdown which was approved by a vote of 231–192. The vote was mostly along party lines with Democrats voting in favor and Republicans voting against. Republican opposition was largely due to the bill's failure to include $5 billion for border security.[254] Ten Democrats voted against the bill. This group included a number of progressive Democrats who urged their colleagues to oppose the bill over the measure to extend surveillance.[255] Representative Justin Amash (Independent) submitted an amendment to remove the Patriot Act provisions, but it was defeated by the House Rules committee.[256]
On March 10, 2020, Jerry Nadler proposed a bill to reauthorize the Patriot Act, and it was then approved by the majority of US House of Representatives after 152 Democrats joined the GOP in supporting the extension.[18] The surveillance powers of the Patriot Act needed renewal by March 15, 2020,[16] and after it expired, the U.S. Senate approved an amended version of the bill.[17] After President Donald Trump threatened to veto the bill, the House of Representatives issued an indefinite postponement of the vote to pass the Senate version of the bill; as of December 2020[update], the Patriot Act remains expired.[257][258]
See also
- Central Intelligence Agency
- Civil Contingencies Act 2004
- Combat Zones That See
- Data mining
- Domestic Security Enhancement Act of 2003
- Federal Bureau of Investigation
- Foreign Terrorist Organizations
- Guardian (database)
- Information Awareness Office
- Investigatory Powers Act 2016
- Ohio Patriot Act
- Patriot Act II
- USA Freedom Act
- Anti-terrorism, Crime and Security Act 2001 A similar act passed in the United Kingdom at around the same time
References
- Pub. L.107–56 (text) (PDF), § 1(a), 115 Stat. 272, 272.
- The Los Angeles Times. Retrieved August 30, 2021.
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- ^ "Bill Summary & Status 107th Congress (2001–2002)H.R.3162 Major Congressional Actions", thomas.loc.gov Retrieved August 11, 2012.
- ^ "FINAL VOTE RESULTS FOR ROLL CALL 398", clerk.house.gov. October 24, 2001. Retrieved August 11, 2012.
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- ^ "Safe Act Co-Sponsors say PATRIOT Act Conference Report Unacceptable", Washington Times, November 5, 2005.
- ^ a b "Obama Signs Last-Minute Patriot Act Extension". Fox News. May 27, 2011. Retrieved May 27, 2011.
- ^ a b Mascaro, Lisa (May 27, 2011). "Congress votes in time to extend key Patriot Act provisions". Los Angeles Times. Retrieved May 27, 2011.
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- ^ a b c Kelly, Erin (June 2, 2015). "Senate approves USA Freedom Act". USA Today. Retrieved June 3, 2015.
- ^ Adler-Bell, Sam (November 20, 2019). "Why the Hell Did Democrats Just Extend the Patriot Act?". The New Republic.
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- ^ 2001 Congressional Record, Vol. 147, Page S9368 (September 11, 2001)
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1002.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 218.
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- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 214.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 207.
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- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 219.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 204 & 209.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 217.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 211.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 210.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 212.
- ^ Field Guidance on New Authorities (Redacted), Federal Bureau of Investigation (hosted by the Electronic Privacy Information Center). Retrieved September 24, 2007.
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 213.
- ^ a b Singel, Ryan (September 26, 2007). "Court Strikes Down 2 Key Patriot Act Provisions". Wired.
- ^ a b Keller, Susan Jo (September 27, 2007). "Judge Rules Provisions in Patriot Act to Be Illegal". The New York Times.
- ^ United States Department of Justice, The USA PATRIOT Act: Preserving Life and Liberty, pg. 2. Retrieved September 24, 2007. Archived March 9, 2009, at the Wayback Machine
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- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 215.
- )
- ^ American Library Association, Resolution on the USA PATRIOT Act and Libraries, enacted June 29, 2005
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 208.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 221.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 205.
- ^ O'Harrow, Jr., Robert (October 27, 2002). "Six Weeks in Autumn". The Washington Post. p. W06. Retrieved July 11, 2008.[dead link]
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 224.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 311.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 314.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 317.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312, 313, 319 & 325.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 327.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 313.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312.
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 319. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 325.
- ^ Amendment made to Cornell University, this was probably mistakenly added by law makers —for some reason an extra parenthesis was inserted into , according to
- ^ Illegal export of controlled munitions is defined in the United States Munitions List, which is part of the Arms Export Control Act (22 U.S.C. § 2778)
- ^ Defined in 15 CFR 730–774
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 315.
- ^ Defined in 18 U.S.C. § 541
- ^ Defined in 18 U.S.C. § 1030
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 320. Amended
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 323. Amended 28 U.S.C. § 2467
- ^ Pursuant to
- ^
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 328.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 330.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 356.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 365.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 359.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352, 354 & 365.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 361.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 362.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 354.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 353.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 364.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 360.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371.
- ^ So defined in 31 U.S.C. § 5313, 31 U.S.C. § 5316 and 31 U.S.C. § 5324
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 372. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371. Amended 18 U.S.C. § 1960
- National Public Radio. July 20, 2005.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 374. Amended 18 U.S.C. § 1960
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 376. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 377.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 401.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 402.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 404. Amended the Department of Justice Appropriations Act, 2001.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 403. Amends 8 U.S.C. § 1105
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Sec. 403. Final regulations are specified in 22 CFR 40.5
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 405.
- ^ National Institute of Standards and Technology, November 14, 2002. "Use of Technology Standards and Interoperable Databases With Machine-Readable, Tamper-Resistant Travel Documents"[permanent dead link] (Appendix A)
- ^ NIST Image Group's Fingerprint Research Archived December 26, 2007, at the Wayback Machine, see the section "NIST Patriot Act Work" (accessed June 28, 2006)
- ^ a b c d USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 411.
- ^ As specified in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; see
- ^ a b c d e USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 412. A new section was created by the Act—8 U.S.C. § 1226a
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 414.
- ^
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 416.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 417.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 418.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle C.
- ^ Office of Patrick Leahy, USA PATRIOT Act Section-by-section analysis Archived February 13, 2010, at the Wayback Machine
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 501.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 504. Amended 50 U.S.C. § 1825
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 506.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 507.
- ). ) and Section 624 of the
- ^ a b c Doe v. Ashcroft, 334 F.Supp.2d 471 (S.D.N.Y. 2004) source Archived December 18, 2004, at the Wayback Machine
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title I, Sec. 115 & 116
- ^ "Gag Order" (PDF). Isp.yale.edu. p. 32. Archived from the original (PDF) on December 2, 2017. Retrieved June 24, 2017.
- ^ "Nicholas Merrill v. Loretta E. Lynch" (PDF). Isp.yale.edu. Archived from the original (PDF) on December 2, 2017. Retrieved June 24, 2017.
- ^ "Mr. Nicholas Merrill : Attachment" (PDF). Isp.yale.edu. p. 3. Archived from the original (PDF) on May 19, 2017. Retrieved June 24, 2017.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 611.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 614.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 621
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 622.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 623. Amended
- ^ 42 U.S.C. § 10603b
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 624.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 802.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 813. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814. Amended
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 801.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 817.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 803. Created 18 U.S.C. § 2339
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 806. Amends 18 U.S.C. § 981
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Section 805(a)(2)(B).
- ^ a b Humanitarian Law Project et al. v. John Ashcroft, Findlaw
- ^ a b Adam Liptak, Court Affirms Ban on Aiding Groups Tied to Terror, The New York Times, June 21, 2010.
- ^ a b Intelligence Reform and Terrorism Prevention Act (U.S. S. 2845, Public Law 108-458), Title VI, Subtitle F, Sec. 6603.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 816.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 901.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 905.
- ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 903.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 906.
- ^ Senate Report 107-149 Archived August 25, 2013, at the Wayback Machine – "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "National Virtual Translation Center"
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 907.
- ^ Senate Report 107-149 Archived August 25, 2013, at the Wayback Machine – "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "Foreign Terrorist Asset Tracking Center"
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 904.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 908.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1012.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1001.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1003.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1004.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1006.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1005.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1007.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1008.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1009.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1010.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (a).
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (b).
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (c).
- ^ 2001 Congressional Record, Vol. 147, Page S10991 (October 25, 2001)
- ^ "History of the Patriot Act". Electronic Privacy Information Center. Archived from the original on July 10, 2008. Retrieved July 11, 2008.
Though the Act made significant amendments to over 15 important statutes, it was introduced with great haste and passed with little debate, and without a House, Senate, or conference report. As a result, it lacks background legislative history that often retrospectively provides necessary statutory interpretation.
- ^ "EFF Analysis Of The Provisions Of The USA PATRIOT Act That Relate To Online Activities". Electronic Frontier Foundation. October 31, 2001. Archived from the original on October 12, 2007. Retrieved October 12, 2007.
...it seems clear that the vast majority of the sections included were not carefully studied by Congress, nor was sufficient time taken to debate it or to hear testimony from experts outside of law enforcement in the fields where it makes major changes.
- ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:01:39–01:01:47.
- ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:02–01:02:15.
- ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:35–01:02:43.
- ^ Lithwick, Dahlia; Turner, Julia (September 8, 2003). "A Guide to the Patriot Act, Part 1". Jurisprudence. Slate.
- ^ Lindauer, Susan. "Extreme Prejudice". Retrieved December 1, 2010.
- ^ "Analysis of Specific USA PATRIOT Act Provisions: Expanded Dissemination of Information Obtained in Criminal Investigations". Analysis. Electronic Privacy Information Center. Archived from the original on July 10, 2008. Retrieved July 11, 2008.
- Microsoft Encarta. Archived from the originalon May 6, 2006.
- ^ Rosenzweig, Paul. "Terrorism is not just a crime". Patriot Debates. American Bar Association. Archived from the original on December 7, 2008. Retrieved October 15, 2007.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 209.
- ^ James X. Dempsey, "Why Sections 209, 212, and 220 Should be Modified" Archived December 6, 2008, at the Wayback Machine (undated). Retrieved October 15, 2007.
- ^ EFF, "Let the Sun Set on PATRIOT – Section 209: 'Seizure of VoiceMail Messages Pursuant to Warrants'" Archived September 29, 2007, at the Wayback Machine. Retrieved December 29, 2005.
- ^ Orin Kerr, "Why Sections 209, 212, and 220 Should be Modified" Archived December 6, 2008, at the Wayback Machine (undated). Retrieved October 12, 2007.
- ^ a b One prime example of a controversy of the Patriot Act is shown in the recent court case United States v. Antoine Jones. A nightclub owner was linked to a drug trafficking stash house via a law enforcement GPS tracking device attached to his car. It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court. Through the years the case has risen to the United States Supreme Court where the conviction was overturned in favor of the defendant. The court found that increased monitoring of suspects caused by such legislation like the Patriot Act directly put the suspects' Constitutional rights in jeopardy.
- ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 220.
- ^ a b c EFF, "Let the Sun Set on PATRIOT – Section 220: 'Nationwide Service of Search Warrants for Electronic Evidence'" Archived December 11, 2006, at the Wayback Machine. Retrieved October 12, 2007.
- ^ Analysis of Specific USA PATRIOT Act Provisions: Authority to Conduct Secret Searches ("Sneak and Peek") Archived October 15, 2007, at the Wayback Machine, Electronic Privacy Information Center. Accessed December 5, 2005.
- ^ "Uncle Sam Asks: "What the hell is going on here?" in New ACLU Print and Radio Advertisements" (Press release). American Civil Liberties Union. September 10, 2003.
- ^ "ACLU Ad On "Sneak-and-Peek" Searches: Overblown". FactCheck.org. September 21, 2004. Archived from the original on July 14, 2007.
- ^ "Apology Note from the United States Government". The Washington Post. November 29, 2006.
- ^ EFF, "Let the Sun Set on PATRIOT – Section 201: 'Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism,' and Section 805, 'Material Support for Terrorism'" Archived October 9, 2007, at the Wayback Machine. Retrieved October 12, 2007.
- ^ "National Security Letters". American Civil Liberties Union. September 2007. Archived from the original on October 18, 2007. Retrieved October 13, 2007.
- ^ a b "Federal Court Strikes Down National Security Letter Provision of Patriot Act" (Press release). American Civil Liberties Union. September 6, 2007. Archived from the original on November 6, 2007.
NEW YORK – A federal court today struck down the amended Patriot Act's National Security Letter (NSL) provision. The law has permitted the FBI to issue NSLs demanding private information about people within the United States without court approval, and to gag those who receive NSLs from discussing them. The court found that the gag power was unconstitutional and that because the statute prevented courts from engaging in meaningful judicial review of gags, it violated the First Amendment and the principle of separation of powers.
- ^ "Let the Sun Set on PATRIOT Section 505 – National Security Letters (NSLs)". Electronic Frontier Foundation. Archived from the original on October 12, 2007. Retrieved October 13, 2007.
- ^ "EPIC: National Security Letters (NSLs)". Electronic Privacy Information Center. Retrieved July 11, 2008.
- BusinessWeek. Archived from the originalon November 24, 2005. Retrieved July 11, 2008.
- ^ Eggen, Dan (September 7, 2007). "Judge Invalidates Patriot Act Provisions". The Washington Post. p. A01.
- ^ Neumeister, Larry (September 7, 2007). "Judge Strikes Down Part of Patriot Act". The Guardian. London. Archived from the original on January 27, 2008.
- ^ C. McCarthy, Andrew. "Why Sections 214 and 215 Should be Retained". American Bar Association. Archived from the original on October 12, 2008. Retrieved July 11, 2008.
- ^ "No Patriot Check Out At Libraries". CBS News. September 18, 2003. Archived from the original on November 4, 2013. Retrieved April 16, 2020.
- ^ "Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users". American Library Association. January 29, 2003. Archived from the original on February 12, 2004.
- ^ Kasindorf, Martin (December 16, 2003). "FBI's reading list worries librarians". USA Today. Retrieved July 11, 2008.
- ^ Murphy, Dean E. (April 7, 2003). "Some Librarians Use Shredder to Show Opposition to New F.B.I. Powers". The New York Times. Retrieved August 2, 2022.
- Fox News Channel. May 7, 2003. Archived from the originalon May 11, 2008. Retrieved July 11, 2008.
- ^ Graham, Judith (April 3, 2003). "Libraries warning patrons: Federal government may be spying on you". Chicago Tribune.
- ^ Jones, Barbara M. 2009. "Librarians Shushed No More: The USA Patriot Act, the 'Connecticut Four,' and Professional Ethics." Newsletter on Intellectual Freedom 58, no. 6: 195, 221–223.
- ^ Ramasastry, Anita (October 5, 2001). "Indefinite detention based on suspicion: How The Patriot Act Will Disrupt Many Lawful Immigrants' Lives". FindLaw. Retrieved July 11, 2008.
- Feingold, Russell (October 25, 2001). "Statement Of U.S. Senator Russ Feingold On The Anti-Terrorism Bill From The Senate Floor". Archived from the originalon July 8, 2008. Retrieved July 11, 2008.
- ^ "Resolution Passed at the May 6, 2004 Special Meeting of the Berkeley Division of the Academic Senate" (PDF). University of California. Archived from the original (PDF) on June 25, 2008. Retrieved July 11, 2008.
- ^ "Surveillance Under the USA PATRIOT Act > Non surveillance provisions". American Civil Liberties Union. April 3, 2003. Retrieved July 11, 2008.
- ^ "Patriot Act will prevail over B.C. privacy legislation". October 29, 2004. Archived from the original on November 14, 2004. Retrieved March 6, 2008.
- ^ "USA Patriot Act comes under fire in B.C. report". CBC News. October 30, 2004. Retrieved March 6, 2008.
- ^ a b "British Columbia Responds to USA Patriot Act with Tough New Rules on How Service Providers Manage Public Sector Data". November 11, 2004. Archived from the original on May 6, 2006. Retrieved March 6, 2008.
- ^ "Hosting Sensitive Data? Canada Maybe the Answer". Internet Industry Watch. November 25, 2010. Archived from the original on February 21, 2011. Retrieved December 7, 2010.
- ^ "Protection of Privacy Legislation Proclaimed". November 15, 2006. Retrieved March 6, 2008.
- ^ Schultheis, Ned (2015). "Warrants in the Clouds: How Extraterritorial Application of the Stored Communications Act Threatens the United States Cloud Storage Industry". Brooklyn Journal of Corporate, Financial & Commercial Law. 9 (2): 14.
- ^ a b "President Obama's Dragnet". The New York Times. June 6, 2013. Retrieved June 7, 2013.
- ^ "Author of Patriot Act: FBI's FISA Order is Abuse of Patriot Act". June 6, 2013. Archived from the original on June 10, 2013. Retrieved June 7, 2013.
- Politico.com, June 27, 2014.
- Tampabay.com, February 5, 2015.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title II ("Terrorist Death Penalty Enhancement")
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title III ("Reducing Crime and Terrorism at America's Seaports")
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title IV ("Combating Terrorism Financing")
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title VI ("Secret Service")
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title VII ("Combating Methamphetamine Epidemic Act of 2005")
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 106
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 3.
- ^ The reauthorization of the Patriot Act Feb 2010 http://www.csmonitor.com/USA/Politics/2010/0301/Obama-signs-Patriot-Act-extension-without-reforms/
- ^ Obama signs one year extension of Patriot Act "Entertainment Archives". Archived from the original on November 21, 2010. Retrieved November 23, 2010.
- ^ Democratic Underground – Obama signs Patriot Act http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4287047
- ^ "H.R.514 – 112th Congress (2011–2012): FISA Sunsets Extension Act of 2011". Congress.gov. February 25, 2011. Retrieved December 22, 2018.
- ^ Sections of the Patriot act that will remain as of Feb 2010 http://www.foxnews.com/politics/2010/02/27/obama-signs-year-extension-patriot-act/ Archived November 1, 2015, at the Wayback Machine
- ^ a b c Breshahan, Jake; Cogan, Marin (February 8, 2011). "Rank-and-file take down Patriot Act in House". Politico.
- ^ "actions". Thomas.loc.gov. February 25, 2011. Archived from the original on August 25, 2013. Retrieved May 16, 2012.
- ^ "Letter to Obama" (PDF). CBS News. June 17, 2011. Retrieved November 4, 2012.
- ^ "Republicans protest Obama signing bill with autopen". USA Today. June 17, 2011.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 115
- ^ a b USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 116
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 4.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 5.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 118
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 108
- ^ American Civil Liberties Union, ACLU Letter to Congress Urging A "No" Vote On the USA PATRIOT Improvement and Reauthorization Act Conference Report (December 12, 2005), accessed on October 6, 2007.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 114
- ^ Singel, Ryan (September 26, 2007). "Court Strikes Down 2 Key Patriot Act Provisions | Threat Level". Wired. Retrieved May 16, 2012.
- ^ "Full text of the Ninth Circuit's decision @ uscourts.gov" (PDF). uscourts.gov.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 107
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 109
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 105
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 104
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 112
- ^ Yeah, Brian T.; Doyle, Charles (December 21, 2006). "USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis" (PDF). Congressional Research Service: 24. Retrieved July 11, 2008.
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(help) - ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 110
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 111.
- ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 127.
- ISSN 0362-4331. Retrieved February 7, 2020.
- ^ Grey, Barry (November 21, 2019). "Patriot Act extension concealed in funding bill passed by House Democrats". www.wsws.org. Retrieved February 7, 2020.
- ^ Birnbaum, Emily (November 19, 2019). "Progressives oppose spending stopgap measure over surveillance authority extension". The Hill. Retrieved February 7, 2020.
- ISSN 0028-6583. Retrieved November 25, 2019.
- Tom's Guide. Retrieved June 28, 2020.
- ^ "Section 215 Expired". Electronic Frontier Foundation. December 29, 2020.
- "Warrentless GPS Tracking". Supreme Court Databases 15.1 (2012): n.pag. Galileo. Web. May 2, 2012.
Further reading
Law review articles
- (2005).
- Gouvin, Eric J. (2003). "Bringing Out the Big Guns: The USA PATRIOT Act, Money Laundering and the War on Terrorism". Baylor Law Review. 55: 955. Archived from the originalon September 7, 2004.
- Kerr, Orin. "Digital Evidence and the New Criminal Procedure". Columbia Law Review (2005).
- Lecours, Alain P. USA Patriot Act, Extraterritorial Effects of the USA Patriot Act – Privacy Rights of Non-American Citizens
- Mojuyé, Benjamin, "What Banks Need to Know About the PATRIOT Act", 124 Banking L.J. 258, 258 (2007).
- Slovove, Daniel J. "Fourth Amendment Codification and Professor Kerr's Misguided Call for Judicial Deference". Fordham Law Review 74 (2005).
- Van Bergen, Jennifer. "In the Absence of Democracy: The Designation and Material Support Provisions of the Anti-Terrorism Laws". Cardozo Pub. [?] Law Policy & Ethics Journal 2 (2003): 107.
- Wong, Kam C. "Implementing the USA PATRIOT Act: A Case Study of the Student and Exchange Visitor Information System (SEVIS)". Brigham Young University Education and Law Journal 2 (2006).
- Wong, Kam C. "The making of the USA PATRIOT Act I: Legislative Process and Dynamics". International Journal of the Sociology of Law34.3 (2006): 179–219.
- Wong, Kam C. "The making of the USA PATRIOT ACT II: Public Sentiments, Legislative Climate, Political Gamesmanship, Media Patriotism". International Journal of the Sociology of Law34.2 (2006): 105–140.
- Wong, Kam C. "USA PATRIOT Act and a Policy of Alienation". Michigan Journal of Minority Rights 1 (2006): 1–44.
- Wong, Kam C. "USA PATRIOT Act: Some Unanswered Questions". International Journal of the Sociology of Law43.1 (2006): 1–41.
Books
- Brasch, Walter. America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights. Peter Lang Publishing, 2005. ISBN 0-8204-7608-0(A long list of civil rights abuse claims by the Bush Administration inside the United States and other countries.)
- Cole, Dave, and James X. Dempsey. Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. 2nd ed. New York: W. W. Norton & Co., 2002. ISBN 1-56584-782-2. (Full discussion of prior legislative history of the Act, going back more than ten years.)
- ISBN 0-415-95047-3
- Harvey, Robert and Hélène Volat. De l'exception à la règle. USA PATRIOT Act "DE L'EXCEPTION À LA RÈGLE : USA PATRIOT ACT" : Robert Harvey et Hélène Volat. Paris: Lignes, 2006. 215 p.
- ISBN 978-0-19-978254-3.
- Mailman, Stanley, Jeralyn Merritt, Theresa M. B. Van Vliet, and Stephen Yale-Loehr. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001: An Analysis. Newark, NJ and San Francisco, CA: Matthew Bender & Co., Inc. (a member of the LexisNexis Group), 2002. (Rel.1-3/02 Pub. 1271) ("An expert analysis of the significant changes in the new USA Patriot Act of 2001 [which]...track[s] the legislation by section, explaining both the changes and their potential impact with respect to: enhanced surveillance procedures;money laundering and financial crimes; protecting the border; investigation of terrorism; information sharing among federal and state authorities; enhanced criminal laws and penalties for terrorism offenses, and more.")
- Michaels, C. William. No Greater Threat: America Since September 11 and the Rise of the National Security State. Algora Publishing, Completely Updated for 2005. ISBN 0-87586-155-5. (Covers all ten titles of the USA PATRIOT Act; Includes review and analysis of: Homeland Security Act, "PATRIOT Act II," Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions, "National Strategy" documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the "war on terrorism.")
- ISBN 978-0-7336-2283-0; 2007.
- Van Bergen, Jennifer. The Twilight of Democracy: The Bush Plan for America. Common Courage Press, 2004. ISBN 1-56751-292-5. (A constitutional analysis for the general public of the USA PATRIOT Act and other administrative measures, with the first half of the book spent on principles of democracy and constitutional law.)
- ISBN 978-1542016513
- Wong, Kam C. The Impact of USA Patriot Act on American Society: An Evidence Based Assessment (N.Y.: Nova Press, 2007) (In print)
- Wong, Kam C. The Making of USA Patriot Act: Legislation, Implementation, Impact (Beijing: China Law Press, 2007) (In print)
External links
- USA PATRIOT Act as amended (PDF/details) in the GPO Statute Compilations collection
- USA PATRIOT Act as enacted (details) in the US Statutes at Large
- USA PATRIOT ACT on Congress.gov
- USA PATRIOT Improvement and Reauthorization Act of 2005 on Congress.gov
Supportive views
- "The USA PATRIOT Act: Preserving Life and Liberty" by the Department of Justice
- The Patriot Act and Related Provisions: The Heritage Foundation's Research
- Lowry, Rich (August 28, 2003). "Patriot Hysteria: The Zacarias Moussaoui Protection Act". National Review. Archived from the original on August 29, 2003.
- The Patriot Act, Reauthorized, JURIST
Critical views
- PATRIOT Games: Terrorism Law and Executive Power, JURIST
- American Library Association's resolution on the PATRIOT Act
- Sneak and Peek Search Warrants
- "Analysis of the USA PATRIOT Act". PEN American Center. Archived from the originalon March 1, 2005.
- League of Women Voters' Resources on the USA PATRIOT Act and Individual Liberties
Other
- National Security and Freedom Archived December 7, 2009, at the Wayback Machine A series of short readings exploring historical and current issues of national security from Constitutional Rights Foundation.
- Patriot Act news and resources, JURIST
- Phillips, Heather A., "Libraries and National Security Law: An Examination of the USA Patriot Act". Progressive Librarian, Vol. 25, Summer 2005