mkemse
03-06-2008, 11:08 AM
This is a NON Political reply, meaning I am not taking side on this issue one way or another, but simply replying to your question of what The Patriot Act Is, hope this helps and answers your question on it
The USA PATRIOT Act, commonly known as the "Patriot" Act, is an Act of Congress that President George W. Bush signed into law on October 26, 2001. The acronym stands for: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law Pub.L. 107-56).
The Act expanded the authority of U.S. law enforcement agencies for the stated purpose of fighting terrorism in the United States and abroad. Among its provisions, the Act increased the ability of law enforcement agencies to search telephone and e-mail communications and medical, financial and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhanced the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include "domestic terrorism," thus enlarging the number of activities to which the Patriot Act’s expanded law enforcement powers can be applied.
Although the Act was passed by wide margins in both houses of Congress, it has been criticized from its inception for weakening protections of civil liberties. In particular, opponents of the law have criticized its authorization of indefinite detentions of immigrants; "sneak and peek" searches through which law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; the expanded use of "National Security Letters," which allow the FBI to search telephone, email and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.
Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both parties for ignoring civil liberty concerns.[1] The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006 and was signed into law by President Bush on March 9, 2006.
The Patriot Act made a number of changes to U.S. law. Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. The Act itself came about after the September 11 terrorist attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed anti-terrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12.[2] It was then introduced into the Senate as the USA Act of 2001 (S. 1510) [3] where a number of amendments were proposed by Senator Russ Feingold,[4][5][6][7] all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act).[8] It was vehemently opposed by only one Senator, Russ Feingold, though Senator Patrick Leahy also expressed some concerns.[9] However, not all parts of the Act are seen in this light, with many parts being seen as necessary by both detractors and supporters.[10][11][12] The final Act included a number of sunsets which were to expire on December 31, 2005.
Due to its controversial nature, a number of bills were proposed with which to amend the Patriot Act. These included the Protecting the Rights of Individuals Act,[13] the Benjamin Franklin True Patriot Act,[14] and the Security and Freedom Ensured Act (SAFE),[15] none of which passed. In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003.[16] This highly controversial document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the media and organizations such as the Electronic Frontier Foundation.[17] The draft, which was circulated to 10 divisions of the Department of Justice,[18] proposed to make further extensive modifications to extend the USA PATRIOT Act.[19] It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.[20]
[edit] Titles
[edit] Titles I and X: Miscellaneous provisions
Main articles: USA PATRIOT Act, Title I and USA PATRIOT Act, Title X
Title I authorizes measurements 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 FBI's Technical Support Center. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with the President's authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D-IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included "the prayer of Cardinal Theodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that 'We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or direction.' "[21] Many believed the act would allow the government to surveil people such as political figures and opposition leaders.Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.[22]
Title X created or altered a number of miscellaneous laws that didn't really fit into the any other section of the Patriot Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials.[23] 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.[24] 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 lovely in an investigation.[25] Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from.[26] Aliens who committed money laundering were also prohibited from entering the U.S.[27] Grants were provided to first responders to assist them with responding to and preventing terrorism.[28] US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia.[29] 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.[30] Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.[31] The Department of Defense's was given temporary authority to use their funding for private contracts for security purposes.[32] The last title also created a new Act called the Crimes Against Charitable Americans Act[33] 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.[34] It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.[35]
[edit] Title II: Surveillance procedures
Main article: USA PATRIOT Act, Title II
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, and many of the most controversial aspects of the 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.[36] 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.[37] 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.[38] The title also expanded the duration of FISA physical search and surveillance orders,[39] and gave authorities the ability to share information gathered before a federal grand jury with other agencies.[40]
The scope and availability of wiretap and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks[41] — EPIC objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information.[42] The Act allowed any district court judge in the United States to issue such surveillance orders[41] and search warrants for terrorism investigations.[43] Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws.[44]
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.[45] The definition of a "protected computer" is defined in 18 U.S.C. § 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside the United States. The law governing obligatory and voluntary disclosure of customer communications by Cable companies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits.[46] Subpoenas issued to Internet Service Providers were expanded to include not only "the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber" but also session times and durations, types of services used, communication device address information (e.g. IP addresses), payment method and bank account and credit card numbers.[47] Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to "life and limb".[48]
Title II established three very controversial provisions: "sneak and peek" searches, 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"[49] — and it may be extended at the court's discretion.[50] 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.[51][52]
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,[53] while opponents see it as violating the particularity clause of the Fourth Amendment.[54][55] 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."[56] Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision. 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."[57] However, the ALA's stance did not go without criticism. One prominent critic of the ALA's stance was the Manhattan Institute's Heather Mac Donald, who argued in an article for the New York City Journal that "[t]he furore over section 215 is a case study in Patriot Act fear-mongering."[58]
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 District of Columbia),[59] trade sanctions against North Korea and Taliban-controlled Afghanistan [60] and the employment of translators by the FBI.[61]
At the insistence of Republican Representative Richard Armey,[62] 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.[63] The provisions that were to expire are below.
mkemse
03-06-2008, 12:29 PM
References For my post
^ "SAFE Act Co-Sponsors say PATRIOT Act Conference Report Unacceptable."
^ H.R. 2975, THOMAS
^ S. 1510, THOMAS.
^ U.S. Government Printing Office. S11020 (October 25th, 2001) Congressional Record.
^ U.S. Government Printing Office. S11021 (October 25th, 2001) Congressional Record.
^ U.S. Government Printing Office. S11022 (October 25th, 2001) Congressional Record.
^ U.S. Government Printing Office. S11022 (October 25th, 2001) Congressional Record.
^ H.R. 3162, THOMAS
^ a b U.S. Government Printing Office. S10991 (October 25, 2001) Congressional Record.
^ "'Trust me' just doesn't fly", News, USA Today. Retrieved on 2007-10-07. "The conspiracy indictment disclosed Tuesday of three men already awaiting trial in England is a reminder that terrorism is a real threat, and most of the law is non-controversial."
^ Steranko, Anastasia. "PATRIOT Act inspires discussion of civil liberties", The Pitt News, 2003-09-19. Retrieved on 2007-10-07.
^ Haigh, Anna. "Debate around Patriot Act increases", News, The Daily Pennsylvanian, 2004-02-13. Retrieved on 2007-10-07.
^ THOMAS, S.1552.
^ H.R. 3171, THOMAS
^ S.1709, THOMAS
^ PBS (February 7th, 2007), Now with Bill Moyers, transcript.
^ EFF Analysis of "Patriot II," Provisions of the Domestic Security Enhancement Act of 2003, Electronic Frontier Foundation. Retrieved 30th August, 2007.
^ Control Sheet of the "Domestic Security Enhancement Act of 2003", retrieved August 30th, 2007.
^ Singel, Ryan. "A Chilly Response to 'Patriot II'", Politics : Law, Wired News, 2003-03-12. Retrieved on 2007-10-17.
^ United States Department of Justice (February 7th, 2007), Statement of Barbara Comstock, Director of Public Affairs
^ U.S. Government Printing Office. S9368 (September 13, 2001) Congressional Record.
^ 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 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).
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 218.
^ Andrew C. McCarthy, "Why Section 218 Should be Retained", accessed January 23, 2006. The Patriot Debates.
^ 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.
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 203.
^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 216.
^ Analysis of Specific USA PATRIOT Act Provisions: Pen Registers, the Internet and Carnivore, Electronic Privacy Information Center. Accessed December 4, 2005.
^ 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). Accessed 2007-09-24.
^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 213.
^ a b Singel, Ryan. "Court Strikes Down 2 Key Patriot Act Provisions", Surveillance, The Courts, 2007-09-26.
^ a b Keller, Susan Jo. "Judge Rules Provisions in Patriot Act to Be Illegal", The New York Times, September 27, 2007.
^ United States Department of Justice, The USA PATRIOT Act: Preserving Life and Liberty, pg. 2. Accessed 2007-09024.
^ James Dempsey, "Why Section 206 Should be Modified" (undated), accessed January 7, 2006.
^ EFF, "Let the Sun Set on PATRIOT - Section 206: 'Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978'", accessed December 28, 2005
^ 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
^ Mac Donald, Heather. "Straight Talk on Homeland Security", City Journal, Summer 2003.
^ 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. "Six Weeks in Autumn", The Washington Post, 2002-10-27, pp. W06. Retrieved on 2007-10-17.
^ 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.
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 325.
^ Amendment made to 18 U.S.C. § 1956(c)(7)(B)(ii) — for some reason an extra parenthesis was inserted into 18 U.S.C. § 1956(c)(7)(B)(iii), according to Cornell University, this was probably mistakenly added by law makers
^ 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)
^ See 18 U.S.C. § 922(l) and 18 U.S.C. § 925(d)
^ 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 18 U.S.C. § 981(A)(1)(B).
^ 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 18 U.S.C. § 983(j)
^ 28 U.S.C. § 2467(d)(3)(A)
^ 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 31 U.S.C. § 5317(c)
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371. Amended 18 U.S.C. § 1960.
^ "The Patriot Act: Justice Department Claims Success", National Public Radio, 2005-07-20.
^ 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 18 U.S.C. § 1956(c)(7)(D)
^ 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.
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Sec. 403. Final regulations are specified in 22 C.F.R. 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 13, 2002. "Use of Technology Standards and Interoperable Databases With Machine-Readable, Tamper-Resistant Travel Documents" (Appendix A)
^ NIST Image Group's Fingerprint Research, 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 22 U.S.C. § 2656f(d)(2)
^ 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.
^ 8 U.S.C. § 1372(a)
^ 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
^ 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 22 U.S.C. § 2708(b)(5)
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended 22 U.S.C. § 2708(b)(6)
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended 22 U.S.C. § 2708(e)(1)
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended 42 U.S.C. § 14135a(d)(2)
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. 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.
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 505. Amended 18 U.S.C. § 2709(b); Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3414(a)(5)(A)) and Section 624 of the Fair Credit Reporting Act (15 U.S.C. § 1681u).
^ a b c Doe v. Ashcroft, 334 F.Supp.2d 471 (S.D.N.Y. 2004) source
^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title I, Sec. 115 & 116
^ 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. § 10603(b)(1).
^ 42 U.S.C. § 10603b
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 624.
^ 42 U.S.C. § 3796h
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VII, Sec. 701, (1).
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VII, Sec. 701, (1)(d)
^ 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 18 U.S.C. § 1961(1).
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814. Amended 18 U.S.C. § 1030(e).
^ 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 Humanitarian Law Project (2004-01-26). "Key Patriot Act provision ruled unconstitutional under the First Amendment". Press release. Retrieved on 2007-07-24. “January 26, 2004: The Center for Constitutional Rights announced today that a federal court in Los Angeles has declared unconstitutional a provision of the USA PATRIOT Act, enacted six weeks after the terrorist attacks of September 11, 2001. This is the first judicial ruling in the country declaring part of the Patriot Act unconstitutional. In a decision issued late Friday, U.S. District Judge Audrey Collins ruled that a ban on providing "expert advice and assistance" to terrorist groups violates the First and Fifth Amendments to the Constitution because it is so vague that it "could be construed to include unequivocally pure speech and advocacy protected by the First Amendment."”
^ 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 - "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 - "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 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 Epedemic 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.
^ 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 (Dec. 12, 2005), accessed on October 6th, 2007.
^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 114
^ 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 (2006-12-21), USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis, Congressional Research Service, p. 24, <http://fpc.state.gov/documents/organization/78416.pdf>. Retrieved on 7 October 2007
^ 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.
^ History of the Patriot Act. Electronic Privacy Information Center. Retrieved on 2007-10-07. “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 Frontiers Foundation (October 31, 2001). Retrieved on 2007-10-12. “...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. "A Guide to the Patriot Act, Part 1", Jurisprudence, 2003-09-08.
^ "USA TODAY/CNN/Gallup Poll results", USA Today, 2006-10-01.
^ Locy, Toni. "Patriot Act blurred in the public mind", USA Today, 2007-02-27.
^ Murray, John C.. "NCIS: the parody that chills", Entertainment/TV & Radio, The Age, 2004-07-01.
^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 206.
^ Analysis of Specific USA PATRIOT Act Provisions: Expanded Dissemination of Information Obtained in Criminal Investigations. Analysis. Electronic Privacy Information Center. Retrieved on 2007-10-08.
^ Let the Sun Set on PATRIOT - Section 206: "Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978". USA PATRIOT/Sunset. Electronic Frontiers Foundation..
^ Cole, David, The Patriot Act Violates Our Civil Liberties, Microsoft Encarta, <http://encarta.msn.com/sidebar_701713501/Is_the_Patriot_Act_Unconstitutional.html>
^ Rosenzweig, Paul, Terrorism is not just a crime, American Bar Association, <http://www.abanet.org/natsecurity/patriotdebates/206-2#rebuttal>
^ 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" (undated), accessed October 15, 2007.
^ EFF, "Let the Sun Set on PATRIOT - Section 209: 'Seizure of VoiceMail Messages Pursuant to Warrants'", accessed December 29, 2005
^ Orin Kerr, "Why Sections 209, 212, and 220 Should be Modified" (undated), accessed October 12, 2007.
^ 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'", accessed October 12, 2007.
^ Analysis of Specific USA PATRIOT Act Provisions: Authority to Conduct Secret Searches ("Sneak and Peek"), Electronic Privacy Information Center. Accessed December 5, 2005.
^ American Civil Liberties Union (September 10, 2003). "Uncle Sam Asks: "What The Hell Is Going On Here?"in New ACLU Print and Radio Advertisements". Press release.
^ ACLU Ad On "Sneak-and-Peek" Searches: Overblown, FactCheck.org, September 21, 2004, <http://www.factcheck.org/aclu_ad_on_sneak-and-peek_searches_overblown.html>
^ Heather Mac Donald (undated), "Sneak-and-Peek in the Full Light of Day". American Bar Association, accessed October 12, 2007.
^ "Apology Note from the United States Government", The Washington Post, 2006-11-29.
^ 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'", accessed 2007-10-12.
^ National Security Letters main page of the ACLU. American Civil Liberties Union. Retrieved on 2007-10-13.
^ Let the Sun Set on PATRIOT Section 505 - National Security Letters (NSLs). Electronic Frontiers Foundation. Retrieved on 2007-10-13.
^ EPIC: National Security Letters (NSLs). Electronic Privacy Information Center. Retrieved on 2007-10-13.
^ FBI Unbound: How National Security Letters Violate Our Privacy. Bill of Rights Defense Committee. Retrieved on 2007-10-13.
^ Dunham, Richard S.. "The Patriot Act: Business Balks", BusinessWeek, 2005-11-10. Retrieved on 2007-10-13.
^ American Civil Liberties Union (2007-09-06). "Federal Court Strikes Down National Security Letter Provision of Patriot Act". Press release. “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.”
^ Eggen, Dan. "Judge Invalidates Patriot Act Provisions", The Washington Post, 2007-09-07, p. A01.
^ Neumeister, Larry. "Judge Strikes Down Part of Patriot Act", The Guardian, 2007-09-07.
^ C. McCarthy, Andrew. Why Sections 214 and 215 Should be Retained. American Bar Association. Retrieved on 2007-10-13.
^ "No Patriot Check Out At Libraries", CBS News, 2003-09-18.
^ Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users. American Libraries Association (2003-01-29). Retrieved on 2007-10-13.
^ Kasindorf, Martin. "FBI's reading list worries librarians", USA Today, 2003-12-16. Retrieved on 2007-10-13.
^ Murphy. "Some Librarians Use Shredder to Show Opposition to New F.B.I. Powers", New York Times, April 7, 2003. Retrieved on 2007-10-13.
^ "Libraries Rally Against USA Patriot Act", Politics, Fox News, 2003-05-07. Retrieved on 2007-10-13.
^ Graham, Judith. "Libraries warning patrons: Federal government may be spying on you.", Chicago Tribune, 2003-04-03.
^ Mac Donald, Heath. "Straight Talk on Homeland Security", City Journal, Summer 2003.
^ Ramasastry, Anita (October 5, 2001), Indefinite detention based on suspicion: How The Patriot Act Will Disrupt Many Lawful Immigrants’ Lives, FindLaw, <http://writ.news.findlaw.com/commentary/20011005_ramasastry.html>. Retrieved on 15 October 2007
^ Feingold, Russell (2001-10-25). Statement Of U.S. Senator Russ Feingold On The Anti-Terrorism Bill From The Senate Floor. Retrieved on 2007-10-15.
^ Resolution Passed at the May 6, 2004 Special Meeting of the Berkeley Division of the Academic Senate (PDF). University of California. Retrieved on 2007-10-15.
^ Surveillance Under the USA PATRIOT Act > Non surveillance provisions. American Civil Liberties Union (April 3, 2003). Retrieved on 2007-10-15.