Title VIII of the Patriot Act

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Patriot Act Titles
Title I: Enhancing Domestic Security against Terrorism
Title II: Enhanced Surveillance Procedures
Title III:
Title IV: Protecting the border
Title V: Removing obstacles to investigating terrorism
Title VI: Providing for victims of terrorism, public safety officers and their families
Title VII: Increased information sharing for critical infrastructure protection
Title VIII: Strengthening the criminal laws against terrorism
Title IX: Improved intelligence
Title X: Miscellaneous

Title VIII: Strengthening the criminal laws against terrorism is the eighth of ten titles which comprise the

September 11, 2001 attacks
. Title VIII contains 17 sections and creates definitions of terrorism, and establishes or re-defines rules with which to deal with it.

Attacks on mass transportation systems

The U.S. Code has a number of regulations concerning railroads.[1] Section 801 added a new section[2] that punishes those who

  • wreck, demolish, set fire to, or disables a mass transportation vehicle or ferry,
  • uses a biological agent or toxin on a train or mass transportation device, without previously obtaining the permission of the mass transportation provider, to cause injury or death,
  • places any biological agent or toxin as a weapon near the facilities of a railroad in order to derail, disable, or wreck the transportation mechanisms,
  • does something to impair the running of the transportation system, including removing or damaging a train control system, centralized dispatching system, or rail grade crossing warning signal,
  • interferes with, disables, or incapacitates any dispatcher, train driver, captain, or person while they are dispatching, operating, or maintaining a mass transportation vehicle or ferry in order to cause harm or death to passengers,
  • does something to cause death or serious bodily injury to an employee or passenger of a mass transportation provider, or
  • makes false allegations that an attempt or alleged attempt is being undertaken to perform a prohibited activity on a mass transportation system

If such an offense is committed, then the offender is to be fined and/or imprisoned for not more than twenty 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/or life imprisonment.

Biological weapons

Section 817 of the Patriot Act expands the biological weapons statute.

mental institution
. Penalties for those who are prohibited from transporting or receiving selected agents are fines, punishment of not more than 10 years imprisonment, or both.

Terrorist support

A number of measures were undertaken in an attempt to prevent and penalize activities that are deemed to support terrorism. Section 803 of the Patriot Act amends the statute on terrorism[6] to include a new section to prevent the harboring of or concealment of terrorists.[7] This states than any person who "harbors or conceals" someone whom they know or believe to have committed an offense designated under 11 specific other codes[8] will be subject to a fine or imprisonment of up to ten years, or both.[9] These violations may be prosecuted in any Federal judicial district where the offense was committed, or in another Federal district as provided by law.[10]

Section 805 modifies the statute on

providing material support to terrorists[11] so that a person being prosecuted "may be prosecuted in any Federal judicial district" where the offense was committed, "or in any other Federal judicial district as provided by law."[12] It also adds four codes to be considered under the title.[13] 18 U.S.C. § 2339A defines "providing material support to terrorists" in subsection (b). Section 805 changes this definition by adding "expert advice or assistance" and "monetary instruments."[14]

Section 807 of the Patriot Act made a technical clarification that nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 would limit criminal prohibitions against the provision of material support to terrorists and terrorist organizations.

Section 806 of the Patriot Act amends U.S. forfeiture law[15] 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.

Penalties

A number of penalties for terrorism offenses were defined or amended by Title VIII. Section 809 removed the statute of limitations on prosecution for any terrorist offense that led to the death or injury of any person,[16] while section 810 increased the maximum penalty for destroying an energy facility, providing material support to terrorists or terrorist organizations, destroying national-defense materials, sabotaging nuclear facilities or fuel or the damage or destruction an interstate gas or hazardous liquid pipeline facility from not more than 20 years imprisonment to any prison term.[17] Conspiracy provisions were added by section 811 to criminal statutes that cover arson within the special maritime and territorial jurisdiction of the United States,[18] killings in Federal facilities,[19] the destruction of communications lines, stations, or systems,[20] the destruction of property within the special maritime and territorial jurisdiction of the United States,[21] wrecking trains,[22] material support to terrorists,[11] torture,[23] the sabotage of nuclear facilities or fuel,[24] interfering with flight crews,[25] the carrying on of weapons or explosives on an aircraft,[26] and the destruction of interstate gas or hazardous liquid pipeline facility.[27] Furthermore, section 812 of the Patriot Act specifies that there is to be post-release supervision of terrorists for the rest of their lives, if they committed a terrorist act that resulted in, or created a foreseeable risk of, death or serious bodily injury to another person.[28]

Cyberterrorism and cybersecurity

Several aspects of

Federal sentencing guidelines
were amended to allow any individual convicted of computer fraud and abuse to be subjected to appropriate penalties, without regard to any mandatory minimum term of imprisonment.

Section 816 specifies 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". US$50,000,000 was authorized for establishing such labs.

Records

Under section 815 of the Patriot Act, an additional defense was added against civil actions where it is alleged that there were unlawful violations of access to stored communications and the interception of communications.[32] It allows an ISP to show a good faith reliance on requests from a governmental entity that orders them to preserve records and other evidence in its possession pending the issuance of a court order or other process.[33][34]

Definitions

Title VIII defines or redefines a number of terms. The terms "domestic terrorism" is already defined under 18 U.S.C. § 2331 and this was amended by section 802 of the Patriot Act to include mass destruction as well as assassination or kidnapping as a terrorist activity.[35] The definition 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.[36]

When investigating international terrorism, the Attorney General can investigate:

A further amendment made the following activities part of the definition of "International terrorism":[45]

Section 813 included acts of terrorism as racketeering activity.[80]

Section 804 amends

Armed forces who commit an offense outside the U.S. that would have resulted in a year or longer imprisonment had it been committed within the U.S.[82]

Under section 814, a number of terms relating to cyberterrorism were redefined. A "protected computer" was expanded to include a "computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States", "damage" means any impairment to the integrity or availability of data, a program, a system, or information, "conviction" now includes a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, where the crime involved the unauthorized access of a protected computer, "loss" means "any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service", and "person" means "any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity."

Notes and references

  1. ^ The regulations are defined in title 18, chapter 97.
  2. ^ a b 18 U.S.C. § 1993
  3. ^ The biological weapons statute is defined under title 18, chapter 10 of the U.S. Code.
  4. ^ A new clause was created for this punishment, 18 U.S.C. § 175(b).
  5. ^ A "select agent" is defined in "subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations."
  6. ^ Title 18, chapter 113B
  7. ^ a b 18 U.S.C. § 2339
  8. ^ These codes are, in turn, 18 U.S.C. § 32; 18 U.S.C. § 175; 18 U.S.C. § 229; 18 U.S.C. § 831; 18 U.S.C. § 844(f)(2) and (3); 18 U.S.C. § 1366(a); 18 U.S.C. § 2280; 18 U.S.C. § 2332a; 18 U.S.C. § 2332b; section 236(a) of the Atomic Energy Act of 1954 (42 U.S.C. § 2284); and 49 U.S.C. § 46502 (source: 18 U.S.C. § 2339)
  9. ^ 18 U.S.C. § 2339(a)
  10. ^ 18 U.S.C. § 2339(b)
  11. ^ a b c 18 U.S.C. § 2339A
  12. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 805; 18 U.S.C. § 2339A
  13. ^ These codes are 18 U.S.C. § 229, 18 U.S.C. § 1993, 42 U.S.C. § 2284, and 49 U.S.C. § 60123(b) (source: USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 805, (a)(1).
  14. ^ 18 U.S.C. § 2339A (a)(1)(A)-(B)
  15. ^ 18 U.S.C. § 981
  16. ^ 18 U.S.C. § 3286 was amended.
  17. ^ 18 U.S.C. § 81 was amended.
  18. ^ a b 18 U.S.C. § 81
  19. ^ a b 18 U.S.C. § 930(c)
  20. ^ a b 18 U.S.C. § 1362
  21. ^ a b 18 U.S.C. § 1363
  22. ^ a b 18 U.S.C. § 1992
  23. ^ a b 18 U.S.C. § 2340A
  24. ^ 42 U.S.C. § 2284
  25. ^ a b 49 U.S.C. § 46504
  26. ^ 49 U.S.C. § 46505
  27. ^ 49 U.S.C. § 60123
  28. ^ 18 U.S.C. § 3583 was amended.
  29. ^ Clarification was made through an amendment to 18 U.S.C. § 1030(a)(5), which deals with fraud and related activity in connection with computers.
  30. ^ 18 U.S.C. § 1030(g) was amended, and it was also made clear that "No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware".
  31. ^ 18 U.S.C. § 1030(a)(7) was amended
  32. U.S. Code
    .
  33. ^ Such orders are specified under 18 U.S.C. § 2703(f).
  34. ^ 18 U.S.C. § 2707(e)(1) was amended to allow the addition defense against civil actions.
  35. ^ 18 U.S.C. § 2331(1)(B)(iii)
  36. ^ 18 U.S.C. § 2331(5)
  37. ^ a b 18 U.S.C. § 2156
  38. ^ 18 U.S.C. § 1751(e)
  39. ^ 18 U.S.C. § 351(e)
  40. ^ Refers to the definition of an energy facility under 18 U.S.C. § 1366, which is 18 U.S.C. § 1366(c); also refers to the offense itself, which is 18 U.S.C. § 1366(b)
  41. ^ a b 18 U.S.C. § 1361
  42. ^ 18 U.S.C. § 956(b)
  43. ^ 18 U.S.C. § 844(f)(1)
  44. ^ 18 U.S.C. § 844(e)
  45. ^ 18 U.S.C. § 2332b was amended
  46. ^ 18 U.S.C. § 32
  47. ^ 18 U.S.C. § 37
  48. ^ 18 U.S.C. § 175 and 18 U.S.C. § 175b
  49. ^ 18 U.S.C. § 175c
  50. ^ 18 U.S.C. § 229
  51. ^ 18 U.S.C. § 351(a), (b), (c) and (d)
  52. ^ 18 U.S.C. § 831
  53. ^ 18 U.S.C. § 832
  54. ^ 18 U.S.C. § 842(m) or (n)
  55. ^ 18 U.S.C. § 844(f)(2) or (3)
  56. ^ 18 U.S.C. § 844(i)
  57. ^ 18 U.S.C. § 956(a)(1)
  58. ^ 18 U.S.C. § 956(a)(1), 18 U.S.C. § 1030(a)(1), 18 U.S.C. § 1030(a)(5)(A)(i), and 18 U.S.C. § 1030(a)(5)(B)(ii) through (v) (relates to damaged caused through unauthorized access to computers)
  59. ^ 18 U.S.C. § 1114
  60. ^ 18 U.S.C. § 1116
  61. ^ 18 U.S.C. § 1203
  62. ^ 18 U.S.C. §§ 1366–(a)
  63. ^ 18 U.S.C. § 1751(a), (b), (c), or (d)
  64. ^ 18 U.S.C. § 2155
  65. ^ 18 U.S.C. § 2280
  66. ^ 18 U.S.C. § 2281
  67. ^ 18 U.S.C. § 2332
  68. ^ 18 U.S.C. § 2332a
  69. ^ 18 U.S.C. § 2332b
  70. ^ 18 U.S.C. § 2332f
  71. ^ 18 U.S.C. § 2332g
  72. ^ 18 U.S.C. § 2332h
  73. ^ 18 U.S.C. § 2339B
  74. ^ 18 U.S.C. § 2339C
  75. ^ Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. § 2284)
  76. ^ 49 U.S.C. § 46502
  77. ^ 49 U.S.C. § 46505(b)(3) or (c)
  78. ^ Parts of 49 U.S.C. § 46506
  79. ^ 49 U.S.C. § 60123(b)
  80. ^ 18 U.S.C. § 1961(1) was amended.
  81. ^ 18 U.S.C. § 7 and 18 U.S.C.
  82. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 804; 18 U.S.C. § 7

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