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.