USA PATRIOT Act
Un article de Vev.
Modèle:USA PATRIOT Act sidebar The USA PATRIOT Act, commonly known as the Patriot Act, is an Act of Congress which 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 107-56).
The Act was passed 45 days after the September 11, 2001 attacks on the World Trade Center in New York City. It substantially 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.<ref> "SAFE Act Co-Sponsors say PATRIOT Act Conference Report Unacceptable."</ref> 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.
Background
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 1968 (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. 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.<ref name="PATRIOTAct_USAAct">H.R. 2975, THOMAS</ref> It was then introduced into the Senate as the USA Act of 2001 (S. 1510)<ref name="USAAct2001Senate">S. 1510, THOMAS.</ref> where a number of amendments were proposed by Senator Russ Feingold,<ref name="FeingoldDissentWayPassed">Modèle:CongRec</ref><ref name="FeigoldDissentSearchAndSeizure">Modèle:CongRec</ref><ref name="FeigoldDissentBusinessRecords">Modèle:CongRec</ref><ref name="FeigoldDissentDetentionDeportationChanges">Modèle:CongRec</ref> 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).<ref name="USAPATRIOTActTHOMASSummary">H.R. 3162, THOMAS</ref> It was vehemently opposed by only one Senator, Russ Feingold, though Senator Patrick Leahy also expressed some concerns.<ref name="LeahyConcernsFinalAct">Modèle:CongRec</ref> 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,<ref name="ProtRightsOfIndividuals">THOMAS, S.1552.</ref> the Benjamin Franklin True Patriot Act,<ref name="BenjaminFranklinTruePatriotAct">H.R. 3171, THOMAS</ref> and the Security and Freedom Ensured Act (SAFE),<ref name="SAFE-THOMAS">S.1709, THOMAS</ref> 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.<ref name="LeakPBSTranscript">PBS (February 7th, 2007), Now with Bill Moyers, transcript.</ref> This highly controversial document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the media and organizations such as the Electronic Frontier Foundation.<ref name="NickNamesPATRIOT-II">EFF Analysis of "Patriot II," Provisions of the Domestic Security Enhancement Act of 2003, Electronic Frontier Foundation. Retrieved 30th August, 2007.</ref> The draft, which was circulated to 10 divisions of the Department of Justice,<ref name="ControlSheetPATRIOT-II">Control Sheet of the "Domestic Security Enhancement Act of 2003", retrieved August 30th, 2007.</ref> proposed to make further extensive modifications to extend the USA PATRIOT Act.<ref name="WiredNewsPATRIOT-II"> Singel , Ryan
. " A Chilly Response to 'Patriot II' " , Politics : Law , Wired News , 2003-03-12 . Retrieved on 2007-10-17 . </ref> It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.<ref name="DoJResponseToLeak">United States Department of Justice (February 7th, 2007), Statement of Barbara Comstock, Director of Public Affairs</ref>
Titles
Titles I and X: Miscellaneous provisions
Title I 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 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.' "<ref name="HarkinAntiDiscriminationAmdt"> Modèle:CongRec </ref> 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.<ref name="Section1002"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1002. </ref>
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.<ref name="Section1012"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1012. </ref> 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.<ref name="Section1001"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1001. </ref> 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 engaged in an investigation.<ref name="Section1003"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1003. </ref> Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from.<ref name="Section1004"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1004. </ref> Aliens who committed money laundering were also prohibited from entering the U.S.<ref name="Section1006"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1006. </ref> Grants were provided to first responders to assist them with responding to and preventing terrorism.<ref name="Section1005"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1005. </ref> US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia.<ref name="Section1007"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1007. </ref> 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.<ref name="Section1008"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1008. </ref> Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.<ref name="Section1009"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1009. </ref> The Department of Defense's was given temporary authority to use their funding for private contracts for security purposes.<ref name="Section1010"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1010. </ref> The last title also created a new Act called the Crimes Against Charitable Americans Act<ref name="Section1011a"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (a). </ref> 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.<ref name="Section1011b"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (b). </ref> It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.<ref name="Section1011c"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (c). </ref>
Title II: 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, 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.<ref name="Section218"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 218. </ref> 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.<ref name="ABAAndrewMcCarthySection218InitialArgument"> Andrew C. McCarthy, "Why Section 218 Should be Retained", accessed January 23, 2006. The Patriot Debates. </ref> 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.<ref name="Section214"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 214. </ref> The title also expanded the duration of FISA physical search and surveillance orders,<ref name="Section207"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 207. </ref> and gave authorities the ability to share information gathered before a federal grand jury with other agencies.<ref name="Section203"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 203. </ref>
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<ref name="Section216"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 216. </ref> — EPIC objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information.<ref name=EPIC_StatDefVagueSection216> Analysis of Specific USA PATRIOT Act Provisions: Pen Registers, the Internet and Carnivore, Electronic Privacy Information Center. Accessed December 4, 2005. </ref> The Act allowed any district court judge in the United States to issue such surveillance orders<ref name="Section216"/> and search warrants for terrorism investigations.<ref name="Secton219"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 219. </ref> 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.<ref name="TitleIIStorageSections"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 204 & 209. </ref>
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.<ref name="Section217"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 217. </ref> The definition of a "protected computer" is defined in Modèle:Usc-clause 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.<ref name="Section211"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 211. </ref> 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.<ref name="Section210"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 210. </ref> Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to "life and limb".<ref name="Section212"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 212. </ref>
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"<ref name="flexibleStandard"> Field Guidance on New Authorities (Redacted), Federal Bureau of Investigation (hosted by the Electronic Privacy Information Center). Accessed 2007-09-24. </ref> — and it may be extended at the court's discretion.<ref name="Section213"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 213. </ref> 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.<ref name="SneakAndPeakStruckDownWired">
Singel , Ryan
.
"
Court Strikes Down 2 Key Patriot Act Provisions
" , Surveillance, The Courts , 2007-09-26
.
</ref><ref name="SneakAndPeakStruckDownNYT">
Keller , Susan Jo
.
"
Judge Rules Provisions in Patriot Act to Be Illegal
" , The New York Times
, September 27, 2007
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</ref>
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,<ref name="RovingWiretapFor"> United States Department of Justice, The USA PATRIOT Act: Preserving Life and Liberty, pg. 2. Accessed 2007-09024. </ref> while opponents see it as violating the particularity clause of the Fourth Amendment.<ref name="ABA_Section206_Dempsey">James Dempsey, "Why Section 206 Should be Modified" (undated), accessed January 7, 2006. </ref><ref name="EFFSection206"> EFF, "Let the Sun Set on PATRIOT - Section 206: 'Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978'", accessed December 28, 2005 </ref> 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."<ref name="Section215"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 215. </ref> 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."<ref> American Library Association, Resolution on the USA PATRIOT Act and Libraries, enacted June 29, 2005 </ref> 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."<ref>
Mac Donald , Heather . " Straight Talk on Homeland Security " , City Journal , Summer 2003 .
</ref>
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 of the District of Columbia),<ref name="Section208"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 208. </ref> trade sanctions against North Korea and Taliban-controlled Afghanistan <ref name="Section221">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 221.</ref> and the employment of translators by the FBI.<ref name="Section205"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 205. </ref>
At the insistence of Republican Representative Richard Armey,<ref name="6WeeksInAutumn">
O'Harrow, Jr. , Robert . " Six Weeks in Autumn " , The Washington Post , 2002-10-27 , pp. W06 . Retrieved on 2007-10-17 .
</ref> 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.<ref name="Section225Sunsets"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 224. </ref> The provisions that were to expire are below.
| Section | Section title |
|---|---|
| 201 | Authority to intercept wire, oral, and electronic communications relating to terrorism |
| 202 | Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses |
| 203(b) | Authority to share electronic, wire and oral interception information |
| 204 | Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications |
| 206 | Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978. |
| 207 | Duration of FISA surveillance of non-United States persons who are agents of a foreign power |
| 209 | Seizure of voice-mail messages pursuant to warrants |
| 212 | Emergency disclosure of electronic communications to protect life and limb |
| 214 | Pen register and trap and trace authority under FISA |
| 215 | Access to records and other items under the Foreign Intelligence Surveillance Act. |
| 217 | Interception of computer trespasser communications |
| 218 | Foreign intelligence information |
| 220 | Nationwide service of search warrants for electronic evidence |
| 223 | Civil liability for certain unauthorized disclosures |
| 225 | Immunity for compliance with FISA wiretap |
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 money laundering and the financing of terrorism. It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It is divided into three subtitles, with the first dealing primarily with strengthening banking rules specifically against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions. This subtitle also increases record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency.
The first subtitle tightened the record keeping 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 also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts.<ref name="Section311">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 311.</ref> The U.S. Treasury was charged with formulating regulations designed to foster information sharing between financial institutions in order to prevent money-laundering.<ref name="Section314">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 314.</ref> Along with expanding record keeping requirements it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities.<ref name="Section317">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 317.</ref> If money laundering was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering.<ref name="MLForfeiture">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312, 313, 319 & 325.</ref> In an effort to encourage institutions to do their bit to reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked.<ref name="Section327">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 327.</ref>
Restrictions were placed on accounts and foreign banks. Foreign 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 were prohibited. The subtitle has several sections that prohibit or restrict the use of certain accounts held at financial instutitions.<ref name="Section313">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 313.</ref> 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.<ref name="Section312">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312.</ref> 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.<ref name="Section319">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 319.</ref> 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 instutitons are not allowed to provide any information to clients that may identify such internal accounts.<ref name="Section325">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 325.</ref> 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 crime of violence;<ref name=Sec315_18USC1956c7Bii>Amendment made to Modèle:Usc-clause — for some reason an extra parenthesis was inserted into Modèle:Usc-clause, according to Cornell University, this was probably mistakenly added by law makers</ref> the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munitions<ref name=Sec315_MunitionsIllegalExport>Illegal export of controlled munitions is defined in the United States Munitions List, which is part of the Arms Export Control Act (Modèle:Usc)</ref> and the importation or bringing in of any firearm or ammunition not authorised by the U.S. Attorney General<ref name=315_UnauthorizedFirearmAmmunition>See Modèle:Usc-clause and Modèle:Usc-clause</ref> and the smuggling of any item controlled under the Export Administration Regulations.<ref name="Sec315_ExportAdminRegulations">Defined in 15 CFR 730-774</ref><ref name="Section315">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 315.</ref> It also includes any offense where the U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution due to the treaty; the importation of falsely classified goods;<ref name=Sec315_FalselyClassifiedGoods>Defined in Modèle:Usc</ref> computer crime;<ref name=Sec315_ComputerCrime>Defined in Modèle:Usc</ref> and any felony violation of the Foreign Agents Registration Act of 1938.<ref name="Section315"/> 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.<ref name="Section320">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 320. Amended Modèle:Usc-clause.</ref> Foreign nations may now seek to have a forfeiture or judgement notification enforced by a district court of the United States.<ref name="Section323">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 323. Amended Modèle:Usc</ref> This is done through new legislation that specifies how the U.S. government may apply for a restraining order<ref>Pursuant to Modèle:Usc-clause</ref> to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement.<ref>Modèle:Usc-clause</ref> In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process.<ref name="Section323"/> 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.<ref name="Section328">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 328.</ref> The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.<ref name="Section330">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 330.</ref>
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.<ref name="Section319">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 319. Amended Modèle:Usc-clause</ref>
The second subtitle 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.<ref name="Section356">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 356.</ref> 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.<ref name="Section365">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 365.</ref> 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.<ref name="Section359">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 359.</ref> 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.<ref name="Section352_354_365">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352, 354 & 365.</ref> FinCEN was made a bureau of the United States Department of Treasury<ref name="Section361">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 361.</ref> and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered.<ref name="Section362">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 362.</ref> Along with these reporting requirements, a considerable number of provisions relate to the prevention and prosecution of money-laundering.<ref name="Section352">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352.</ref> Financial instutitions were ordered to estable anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy.<ref name="Section354">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 354.</ref> Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements.<ref name="Section353">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 353.</ref> A number of other amendments to the BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. Federal reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve banks.<ref name="Section364">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 364.</ref> Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support the U.S.'s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.<ref name="Section360">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 360.</ref>
The third subtitle deals with currency crimes. Largely due to the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid traditional financial institutions. 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 offence 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 offence. Therefore, the BSA was amended to make it a criminal offence 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 offence is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled.<ref name="Section371">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371.</ref> It also made the civil and criminal penalty violations of currency reporting cases<ref name="CrimeCurrencyVio">So defined in Modèle:Usc, Modèle:Usc and Modèle:Usc</ref> be the forfeiture of all a defendant's property that was involved in the offense, and any property traceable to the defendant.<ref name="Section372>USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 372. Amended Modèle:Usc-clause</ref> The Act prohibits and penalizes those who run unlicensed money transmitting businesses.<ref name="Section373">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371. Amended Modèle:Usc.</ref> In 2005, this provision of Patriot Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant.<ref name="HermantLakhani">"
The Patriot Act: Justice Department Claims Success " , National Public Radio , 2005-07-20 . </ref> The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and if was made an offence to own such a reproduction device. Penalties were increased to 20 years imprisonment.<ref name="Section374">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 374. Amended Modèle:Usc.</ref> Money laundering "unlawful activities" was expanded to include the provision of material support or resources to designated foreign terrorist organizations.<ref name="Section376">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 376. Amended Modèle:Usc-clause</ref> The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under Modèle:Usc, which deals with fraud and related activity in connection with access devices.<ref name="Section377">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 377.</ref>
Title IV: Border security
Title IV amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the United States Attorney General and to the Immigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full time employees (FTEs) assigned to the INS on the Northern border of the United States.<ref name="Section401">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 401.</ref> Enough funds were set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.<ref name="Section402">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 402.</ref> The INS was also given the authority to authorise overtime payments of up to an extra US$30,000 a year to INS employees.<ref name="Section404">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.</ref> Access was given to the Department of State and the INS to criminal background information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center in order to determine whether visa applicants and applicants could be admitted to the U.S.<ref name="Section403">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 403. Amends Modèle:Usc.</ref> The Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this informations.<ref name="FinalRegulationsFingerPrints">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Sec. 403. Final regulations are specified in Modèle:USCFR.</ref> Additionally, the National Institute of Standards and Technology (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States. The reason was to make the standard the technology basis for a cross-agency, cross-platform electronic system used for conducting background checks, confirming identities and ensuring that people have not received visas under different names.<ref name="Section405">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 405.</ref> This report was released on November 13 2002,<ref>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)</ref> however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998."<ref>NIST Image Group's Fingerprint Research, see the section "NIST Patriot Act Work" (accessed June 28, 2006)</ref> This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.
Under subtitle B, various definitions relating to terrorism were altered and expanded. The INA was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens.<ref name="Section411">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 411.</ref> The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms).<ref name="Section411"/> To "engage in terrorist activity" is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organisation or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.<ref name="Section411"/> The INA criteria for making a decision to designate an organisation as a terrorist organisation was amended to include the definition of a terrorist act.<ref name="DesignatingTerroristOrgs">As specified in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; see Modèle:Usc-clause</ref> Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organisation, but since left, before it was designated to be a terrorist organisation under Modèle:Usc by the Secretary of State.<ref name="Section411"/>
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 in order to undertake illegal espionage, are exporting goods, technology or sensitive information illegally or are attempting to control or overthrow the government, or have, or will have, engaged in terrorist activities.<ref name="Section412">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 — Modèle:Usc</ref> The Attorney General or the Attorney General's deputy may maintain custody of such aliens until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, removal proceedings or an arrest must be made no longer than seven days after the alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered.<ref name="Section412"/> Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held under habeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit.<ref name="Section412"/> Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.<ref name="Section412"/>
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.<ref name="Section414">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 414.</ref> The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.<ref>Modèle:Usc-clause</ref> 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.<ref name="Section416">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 416.</ref>
The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under Modèle:Usc 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.<ref name="Section417">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 417.</ref> The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.<ref name="Section418">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 418.</ref>
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.<ref name="TitleIVSubtitleC">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle C.</ref> They recognised that some families, through no fault of their own, would either be ineligible for permanent residence in the United States due to 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.<ref name="LeahyAnalysisUSAPATRIOTAct">Office of Patrick Leahy, USA PATRIOT Act Section-by-section analysis</ref>
Title V: Terrorism investigation
Title V was written in an attempt to remove obstacles to investigating terrorism. It 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.<ref name="Section501"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 501. </ref> The State Department Basic Authorities Act of 1956 was amended to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organisation<ref name="Section502DismantleTerrOrg"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended Modèle:Usc-clause </ref> and to identify any key leaders of terrorist organisations.<ref name="Section502IdentifyLeaders"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended Modèle:Usc-clause </ref> The Secretary of State was given authority to pay greater than $US5 million if he so determines it would prevent terrorist actions against the United States.<ref name="Section503Reward"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended Modèle:Usc-clause </ref> The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in the list of qualifying Federal offenses.<ref name="Section503"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended Modèle:Usc-clause </ref> Another perceived obstacle was to allow Federal agencies to share information with Federal law enforcement agencies. Thus, the act now allows Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.<ref name="Section504">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended Modèle:Usc.</ref>
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.<ref name="Section506"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 506. </ref> 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 offence 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.<ref name="Section507"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 507. </ref>
One of the most controversial aspects of the Patriot Act is in title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the Department of Defense (DoD). It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests.<ref name="Section505NSLs"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 505. Amended Modèle:Usc-clause; Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (Modèle:Usc-clause) and Section 624 of the Fair Credit Reporting Act (Modèle:Usc). </ref> This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional to not allow a client to inform their Attorney as to the order due to the gag provision of the letters. The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional.<ref name="ACLUvDoJ"> Doe v. Ashcroft, 334 F.Supp.2d 471 (S.D.N.Y. 2004) source </ref> Later, the Patriot Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order.<ref name="ReauthNSLs115-116"> USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title I, Sec. 115 & 116 </ref> However, in 2007 the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in meaningful judicial review of these gags.
Title VI: Victims and families of victims of terrorism
Title VI made amendments to the Victims of Crime Act of 1984 (VOCA) in order to make changes to how the U.S. Victims of Crime Fund was managed and funded. Changes were made to VOCA to improve the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers. Under the changes, payments must be made no less than 30 days after the officer is catastrophically injured or killed in the line of duty.<ref name="Section611">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 611.</ref> The Assistant Attorney General was given expanded authority under section 614 of the Patriot Act to make grants to any organisation that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program.<ref name="Section614">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 614.</ref> Further changes to the Victims of Crime Fund increased the amount of money in the Fund, and changed the way that funds were distributed.<ref name="VictimsOfCrimeFund">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 621</ref> 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.<ref name="Section622">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 622.</ref> 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 the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory.<ref name="Section623">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 623. Amended Modèle:Usc-clause.</ref> VOCA also provides for compensation and assistance to victims of terrorism or mass violence.<ref>Modèle:Usc</ref> 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.<ref name="Section624">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 624.</ref>
Title VII: Information sharing for infrastructure protection
Title VII amends the Omnibus Crime Control and Safe Streets Act to enhance the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It consists of only one section, section 701, titled "Expansion of Regional Information Sharing System to Facilitate Federal-State-Local Law Enforcement Response Related to Terrorist Attacks." It modifies the law that regulates grants provided for regional information sharing systems. Before it was amended by the Patriot Act the law allowed the Director of the Bureau of Justice Assistance (a division of the Justice Department) to "make grants and enter into contracts" with State, local criminal authorities, and non-profit organizations to stop criminal activities that cross jurisdictional boundaries.<ref name=3796h>Modèle:Usc</ref> Title VII added "terrorist conspiracies and activities" to the list of activities to which the Director could provide grants.<ref name=conspiracy>USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VII, Sec. 701, (1).</ref> It also adds to the list of items that grants and contacts may be made for "secure information sharing systems" to aid in "addressing multi-jurisdictional terrorist conspiracies and activities." The Bureau of Justice Assistance's was given a budget of US$50,000,000 for the 2002 fiscal year, and US$100,000,000, for the 2003 fiscal year in order to provide grants.<ref name=budget>USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VII, Sec. 701, (1)(d)</ref>
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.<ref name="Section802"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 802. </ref> Terrorism is also included in the definition of racketeering.<ref name="Section813"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 813. Amended Modèle:Usc-clause. </ref> Terms relating to cyber-terrorism are also redefined, including the term "protected computer," "damage," "conviction," "person," and "loss."<ref name="Section814Defintions"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814. Amended Modèle:Usc-clause. </ref>
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.<ref name="Section801"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 801. </ref> 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 "prophylactic, protective, bona fide research, or other peaceful purposes." Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.<ref name="Section817"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 817. </ref>
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.<ref name="Section803"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 803. Created Modèle:Usc. </ref> 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 organisation for the purposes of further terrorist activities.<ref name="Section806"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 806. Amends Modèle:Usc. </ref> One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance."<ref name="ExpertAdviceSection805"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Section 805(a)(2)(B). </ref> This was struck down as unconstitutional by the U.S. Federal Court after the Humanitarian Law Project filed a civil action against the U.S. government. The court found that it violated the First and Fifth Amendments to the United States Constitution and the provision was so vague it would cause a person of average intelligence to have to guess whether they were breaking the law, thus leading to a potential situation where a person was charged for an offence that they had no way of knowing was illegal. The court found that this could potentially have the effect of allowing arbitrary and discriminatory enforcement of the law, as well as possible chilling effects on First Amendment rights.<ref name="FullRulingSection805"> Humanitarian Law Project et al. v. John Ashcroft, Findlaw </ref><ref name="HLPPressRelease"> Modèle:Cite press release </ref> Congress later improved the law by defining the definitions of the "material support or resources," "training," and "expert advise or resources."<ref name="MaterialSupportRedux"> Intelligence Reform and Terrorism Prevention Act (U.S. S. 2845, Public Law 108-45Image:Cool.gif, Title VI, Subtitle F, Sec. 6603. </ref>
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.<ref name="Section814"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814. </ref> 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.<ref name="Section816"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 816. </ref>
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 United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.<ref name="Section901">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 901.</ref> 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 Attorney General and Director of Central Intelligence 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.<ref name="Section905">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 905.</ref> International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.<ref name="Section903">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 903.</ref>
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.<ref name="Section906">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 906.</ref> The 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."<ref>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"</ref> 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.<ref name="Section907">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 907.</ref> 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."<ref>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"</ref>
Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1 2002 or a date after 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.<ref name="Section904">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 904.</ref> 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.<ref name="Section908">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 908.</ref> 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.<ref name="Section903">USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 903.</ref>
Reauthorizations
The Patriot Act was reauthorized by two bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by both houses of Congress in July 2005. This bill reauthorized provisions of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions relating to the death penalty for terrorists,<ref name="DeathPenalty">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title II ("Terrorist Death Penalty Enhancement")</ref> enhancing security at seaports,<ref name="Seaports">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")</ref> new measures to combat the financing of terrorism,<ref name="TerrorismFinancingReauthAct">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title IV ("Combating Terrorism Financing")</ref> new powers for the Secret Service,<ref name="SecretServiceReauth">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title VI ("Secret Service")</ref> anti-Methamphetamine initiatives<ref name="AntiDrugLaws">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")</ref> and a number of other miscellaneous provisions. The second reauthorization act, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006.
The first act reauthorized all but two of the provisions of Title II that would have expired. 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 regardless so as 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.<ref name="ReauthSec215">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 106</ref> However, the change also meant that the defendant was also made to tell the FBI who they were disclosing the order to — this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.<ref name="ReauthReauthSec215">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-17Image:Cool.gif, Sec. 3.</ref>
As NSL provisions of the Patriot Act had been struck by the courts,<ref name="ACLUvDoJ"/> the reauthorization Act amended the law in an attempt to make them lawful. It provided for judicial review and the legal right of a recipient to challenge the validity of the letter. The reauthorization act still allowed NSLs to be closed and all evidence to be presented in camera and ex parte.<ref name="ReauthNSLs">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 115</ref> Gag provisions were maintained, but were not automatic. They only occurred when the Deputy Assistant Director of the FBI or a Special Agent in Charge in a Bureau field office certified that disclosure would result in "a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person".<ref name="ReauthNSLsGag">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 116</ref> However, should there be no non-disclosure order, the defendant can disclose the fact of the NSL to anyone who can render them assistance in carrying out the letter, or to an attorney for legal advise. Again, however, the recipient was order to inform the FBI of such a disclosure.<ref name="ReauthNSLsGag"/> Due to the concern over the chilling effects of such a requirement, the Additional Reauthorization Amendments Act removed the requirement to inform the FBI that the recipient spoke about the NSL to their Attorney.<ref name="ReauthNSLsAmend">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-17Image:Cool.gif, Sec. 4.</ref> Later, the Additional Reauthorization Amendments Act excluded libraries from receiving NSLs, except where they provide electronic communications services.<ref name="LibrariesExcludedFromNSLs">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-17Image:Cool.gif, Sec. 5.</ref> The reauthorization Act also ordered the Attorney General submit a report semi-annually to the House and Senate Judiciary Committees, the House and Senate Intelligence Committees and the House Committee on Financial Services and the Senate Committee on Banking, Housing, Urban Affairs on all NSL requests made under the Fair Credit Reporting Act.<ref name="ReauthNSLReports">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 118</ref>
Changes were made to the roving wiretap provisions of the 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.<ref name="ReauthNSLRovingWiretaps">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 108</ref>
Section 213 of the 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 criticised, particularly by the ACLU, for allowing potential abuse by law enforcement agencies<ref name="ACLUSneakAndPeek">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.</ref> and was later amended to prevent a delayed notification "if the adverse results consist only of unduly delaying a trial."<ref name="ReauthSneakandPeek">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 114</ref>
The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the Patriot Act.<ref name="ReauthEmergencyDisclosure">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 107</ref> The duration of FISA surveillance and physical search orders were increased. Surveillance performed against "lone wolf terrorists" under section 207 of the 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.<ref name="ReauthFISASearchesSurveillanceIncreased">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 109</ref> 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.<ref name="ReauthLoneWolfExtended">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 105</ref> The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act<ref name="MaterialSupportRedux"/> was also made permanent.<ref name="ReauthMaterialSupport">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 104</ref> The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism.<ref name="ReauthTerrorismDefinition">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 112</ref> Other provisions of the reauthorization act was to merge the law outlawing train wrecking (Modèle:Usc) and the law outlawing attacks on mass transportation systems (Modèle:Usc) into a new section of Title 18 of the U.S. Code (Modèle:Usc) and also to criminalize the act of planning a terrorist attack against a mass transport system.<ref name="CRSSummarySection110">« »</ref><ref name="ReauthMassTransport">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 110</ref> 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.<ref name="ReauthForfeitureLaw">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 111.</ref> A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.<ref name="ReauthForfeitedAssetsOfTerroristForVictims">USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 127.</ref>
Controversy
The Patriot Act has generated a great deal of controversy over the years. However, not all parts of the Act are seen in this light, with many parts being seen as necessary by both detractors and supporters.<ref name="USATodayBenign"> "
'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."
</ref><ref name="ThePittNewsUncontroverial">
Steranko , Anastasia
.
"
PATRIOT Act inspires discussion of civil liberties
" , The Pitt News
, 2003-09-19
. Retrieved on 2007-10-07
.
</ref><ref name="DailyPennsylvanianUncontroversial">
Haigh , Anna
.
"
Debate around Patriot Act increases
" , News , The Daily Pennsylvanian
, 2004-02-13
. Retrieved on 2007-10-07
.
</ref> Opponents of the Act, however, have been quite vocal in asserting that it was passed opportunistically after the September 11 terrorist attacks, believing there to have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed, even though Senators such as Patrick Leahy and Russell Feingold proposed amendments to modify the final revision.<ref name="EPICNotMuchDebate"> Modèle:Cite website </ref><ref name="EFFRushJob"> Modèle:Cite website </ref><ref name="LeahyConcernsFinalAct">Modèle:CongRec </ref> The sheer magnitude of the Act itself was noted by Michael Moore in his movie/documentary, Fahrenheit 9/11. In one of the scenes of the movie, he records Senator Jim McDermott alleging that no Senator read the bill<ref name="F-911-McDermott"> Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:01:39–01:01:47. </ref> and John Conyers, Jr. as saying "We don't really read most of the bills. Do you know what that would entail if we read every bill that we passed?" Senator Conyers then answers his own rhetorical question, asserting that if they did it would "slow down the legislative process".<ref name="F-911-Conyers"> Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:02–01:02:15. </ref> As a dramatic device, Moore then hired an ice-cream van and drove around Washington, D.C. with a loud speaker, reading out the Act to puzzled passers-by, which included a few Senators.<ref name="F-911-IceCreamVan"> Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:35–01:02:43. </ref> However, Moore was not the only commentator to notice that not many people had read the Act. Dahlia Lithwick and Julia Turne for Slate asked "How bad is Patriot, anyway?". They decided that it was "[h]ard to tell." and that "[t]he 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."<ref name="SlatePatriotAct">
Lithwick , Dahlia
.
"
A Guide to the Patriot Act, Part 1
" , Jurisprudence , 2003-09-08
.
</ref> A Gallup poll found that similar confusion existed in the minds of a portion of the American population. In August 2003 only 10 percent of people polled were "very familiar" with the Patriot Act, while 40 percent were "somewhat familiar", 25 percent were "not too familiar" and another 25 percent were "not at all familiar" with the Act. By January 2006 this had only risen to 17 percent who were "very familiar", 59 percent were "somewhat familiar", 18 percent who were "not too familiar" and 6 percent were "not at all familiar".<ref name="GallupPoll2"> "
USA TODAY/CNN/Gallup Poll results " , USA Today , 2006-10-01 . </ref>
Perhaps unsurprisingly then, scriptwriters for such television shows as NCIS and Las Vegas have been keen to use the Patriot Act as a plot device, often for purposes it was not intended.<ref name="ScriptWritersBlurredInPublicMind">
Locy , Toni
.
"
Patriot Act blurred in the public mind
" , USA Today
, 2007-02-27
. </ref><ref name="NCIS_TheAge"> Murray , John C.
.
"
NCIS: the parody that chills
" , Entertainment/TV & Radio , The Age
, 2004-07-01
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</ref>
Much of the controversy over the Act stems from changes to foreign intelligence surveillance law, National Security Letters, material support prohibitions and mandatory detention laws. Roving wiretaps, defined in section 206,<ref name="Section206"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 206. </ref> were particularly controversial. Many commentators have objected to them, believing them to bypass the Fourth Amendment requirement that search warrants detail the place to be searched. EPIC have criticised the law as unconstitutional, especially when "the private communications of law-abiding American citizens might be intercepted incidentally",<ref name="EPIC_RovingWiretaps">
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.
</ref> while the EFF hold that the lower standard applied to wiretaps "gives the FBI a 'blank check' to violate the communications privacy of countless innocent Americans".<ref name="EFFOnRovingWiretaps">
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
.. </ref> 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<ref name="DavidColeOnRovingWiretaps"> « » </ref> 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.<ref name="PaulRosenzweigOnRovingWiretaps">« »</ref>
The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order.<ref name="Section209"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 209. </ref> James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,<ref name=ABA_DempseySection209_212_220> James X. Dempsey, "Why Sections 209, 212, and 220 Should be Modified" (undated), accessed October 15, 2007. </ref> and the EFF criticises 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 couldn't use the messages in evidence against the defendant.<ref name=EFFSection209> EFF, "Let the Sun Set on PATRIOT - Section 209: 'Seizure of VoiceMail Messages Pursuant to Warrants'", accessed December 29, 2005 </ref> Others disagree with these assessments. Professor Orin Kerr, of the George Washington University school of law, 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 peoples' 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 Patriot Act was reasonable and sensible.<ref name=ABA_KerrSection209_212_220> Orin Kerr, "Why Sections 209, 212, and 220 Should be Modified" (undated), accessed October 12, 2007. </ref>
The Patriot Act's expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF.<ref name="Section220"> USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 220. </ref> 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",<ref name=EFFSection220> EFF, "Let the Sun Set on PATRIOT - Section 220: 'Nationwide Service of Search Warrants for Electronic Evidence'", accessed October 12, 2007. </ref> 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."<ref name="EFFSection220"/> 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.<ref name=EFFSection220/>
For a time, the Patriot Act allowed for agents to undertake "sneak and peek" searches.<ref name="Section213"/> Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment,<ref name=EPIC_SneakAndPeakSection213> Analysis of Specific USA PATRIOT Act Provisions: Authority to Conduct Secret Searches ("Sneak and Peek"), Electronic Privacy Information Center. Accessed December 5, 2005. </ref> with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed.<ref name="ACLUAdv"> Modèle:Cite press release</ref><ref name="FactCheckOnACLUAdv"> « » </ref> However supporters of the amendment, such as Heather Mac Donald, a fellow at the Manhattan Institute and contributing editor to the New York City Journal, expressed the belief that it was necessary because the temporary delay in notification of a search order stops terrorists from tipping off counterparts who are being investigated.<ref> Heather Mac Donald (undated), "Sneak-and-Peek in the Full Light of Day". American Bar Association, accessed October 12, 2007. </ref> In 2004, FBI agents used this provision to search and secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. While the U.S. Government did publicly apologised to Mr. Mayfield and his family,<ref name="USGovtApology">"
Apology Note from the United States Government " , The Washington Post , 2006-11-29 .
</ref> Mr. Mayfield took it further through the courts. On September 26 2007, judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mr. Mayfield and thus violated the Fourth Amendment.<ref name="SneakAndPeakStruckDownWired"/><ref name="SneakAndPeakStruckDownNYT"/>
Laws governing the material support of terrorism proved contentious. It was criticised by the EFF for infringing 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 believe the ANC would have been classed as a terrorist organisation. 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 would not be able to teach IRA members about international law, or peace workers would not be able to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.<ref name=EFF_201_805> 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. </ref> 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. They succeeded, and a Federal Court found that the law was vague enough to cause a reasonable person to guess whether they were breaking the law or not. Thus they found it violated the First Amendment rights of U.S. citizens, and struck it down.<ref name="FullRulingSection805"/><ref name="HLPPressRelease"/>
Perhaps one of the most controversial parts of the legislation were the National Security Letter (NSL) provisions. Because they allow the FBI to search telephone, email, and financial records without a court order they were criticized by many parties.<ref name="ACLUNSLs"> Modèle:Cite website </ref><ref name="EFFNSLs"> Modèle:Cite website </ref><ref name="EPICNSLs"> Modèle:Cite website </ref><ref name="BORDCNSLs"> Modèle:Cite website </ref> In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 505 of the USA PATRIOT Act and despite the volume of requests insisted "We are not inclined to ask courts to endorse fishing expeditions". <ref name="BusinessWeekOnNSLs">
Dunham , Richard S.
.
"
The Patriot Act: Business Balks
" , BusinessWeek
, 2005-11-10
. Retrieved on 2007-10-13
.
</ref> Before this was revealed, however, the ACLU challenged the constitutionality of NSLs in court. In April 2004, they filed suit against the government on behalf of an unknown Internet Service Provider who had been issued an NSL, for reasons unknown. In ACLU v. DoJ, the ACLU argued that the NSL violated the First and Fourth Amendments of the U.S. Constitution because the Patriot Act failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court. The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional.<ref name="ACLUvDoJ"/> Congress later tried to remedy this in a reauthorization Act, but because they did not remove the non-disclosure provision a Federal court again found NSLs to be unconstitutional because they prevented courts from engaging in meaningful judicial review.<ref name="ACLU-NSLs"> Modèle:Cite press release </ref><ref name="WashingtonPost-NSLs2007">
Eggen , Dan
.
"
Judge Invalidates Patriot Act Provisions
" , The Washington Post
, 2007-09-07
, p. A01
.
</ref><ref name="Guardian-NSLs2007">
Neumeister , Larry
.
"
Judge Strikes Down Part of Patriot Act
" , The Guardian
, 2007-09-07
.
</ref>
Another provision of the Patriot Act brought a great deal of consternation amongst 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. Amongst the "tangible things" that could be targeted, it includes "books, records, papers, documents, and other items".<ref name="Section215"/> 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.<ref name="AndrewCMcarthyOn215"> Modèle:Cite website </ref> As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used.<ref name="Section125NeverUsed"> "
No Patriot Check Out At Libraries " , CBS News , 2003-09-18 .
</ref> However, despite protestations to the contrary, the American Library Association strongly objected to the provision, believing that library records are fundamentally different to ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that they formed a resolution condeming the Patriot Act, and which urged members to defend free speech and protect patron's privacy.<ref name="ALAResolution"> Modèle:Cite website </ref> They urged librarians to seek legal advise before complying with a search order and advised their members to only keeping records for as long as was legally needed.<ref name="ALASection215">
Kasindorf , Martin
.
"
FBI's reading list worries librarians
" , USA Today
, 2003-12-16
. Retrieved on 2007-10-13
.
</ref> Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.<ref name="ShreddingRecordsNYT">
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
.
</ref><ref name="ShreddingRecordsFox"> "
Libraries Rally Against USA Patriot Act " , Politics , Fox News , 2003-05-07 . Retrieved on 2007-10-13 .
</ref><ref name="ShreddingRecordsChicagoTribune">
Graham , Judith
.
"
Libraries warning patrons: Federal government may be spying on you.
" , Chicago Tribune
, 2003-04-03
.
</ref> This stance was criticised by Heather Mac Donald, who opined that "[t]he furore over section 215 is a case study in Patriot Act fear-mongering."<ref name="MacDonaldFearMongering">
Mac Donald , Heath . " Straight Talk on Homeland Security " , City Journal , Summer 2003 .
</ref>
Another controversial aspect of the Patriot Act is the immigration provisions that allow for the indefinite detention of any alien whom the Attorney General believes may cause a terrorist act.<ref name="Section412"/> Before the 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 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."<ref name="Ramasastry"> « » </ref> 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".<ref name="FeingoldIndefiniteDetention">
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.
</ref> The University of California passed a resolution condemning (amongst other things) the indefinite detention provisions of the Act,<ref name="UniCaliforniaResolution">
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.
</ref> 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."<ref name="ACLUIndefiniteDetention">
Surveillance Under the USA PATRIOT Act > Non surveillance provisions . American Civil Liberties Union (April 3, 2003)
. Retrieved on 2007-10-15.
</ref>
References
External links
- Government sources
- "The USA PATRIOT Act: Preserving Life and Liberty" by the Department of Justice
- 2005 renewal
- H.R. 3199, Bill Summary and Status
- Section-by-section summary by Senator Patrick Leahy
- Supportive views
- The Patriot Act and Related Provisions: The Heritage Foundation's Research
- Patriot Hysteria — The Zacarias Moussaoui Protection Act, article by Rich Lowry, National Review
- The Patriot Act under Fire by law professors John Yoo and Eric Posner, [[December 23 2003
- The Patriot Act, Reauthorized, JURIST
- The FBI's "GUARDIAN" database (in replacement of TALON)
- The international "ECHELON" network (UKUSA civilian-information sharing program)
- "CZTS," or Combat Zones That See: a nation-wide DARPA video surveillance/ computerized recognition demographic program
- The IAO, an evolution of DARPA's "Total Information Awareness" program, spawned in 2002, "defunded" in '03, and continuing to this day
- Critical views
- PATRIOT Games: Terrorism Law and Executive Power, JURIST
- The Loyal Nine, youth based civil liberties organization against the USA PATRIOT Act
- American Library Association's Resolution on the PATRIOT Act
- "War on Terror" Human Rights Issues Amnesty International USA
- Jennifer Van Bergen, Repeal the USA PATRIOT Act A six-part series analyzing the Act.
- Beware of the "Domestic Security Enhancement Act" by activist group ReclaimDemocracy.org
- Bill of Rights Defense Committee: community-level initiatives opposing the Act
- Electronic Frontier Foundation's detailed analysis of the Act, October 27 2003
- Statement Of U.S. Senator Russ Feingold On The Anti-Terrorism Bill, October 25 2001
- Thousands dead, millions deprived of civil liberties?, by Richard Stallman, September 17 2001
- Analysis of the USA PATRIOT Act: PEN American Center
- League of Women Voters' Resources on the USA PATRIOT Act and Individual Liberties
- Other
- Pros vs. Cons Examination of the USA PATRIOT Act
- Patriot Act news and resources, JURIST
- Video Debate: Howard Dean and Governor Bill Owens (R-CO), debate the USA PATRIOT Act, August 9 2004 (Real Player required)
- More on Wikipedia and its PATRIOT Act overview; Volokh Conspiracy, Orin Kerr
- Read Congressional Research Service (CRS) Reports regarding the USA PATRIOT Act
- PATRIOT Act at Wikia
- Is the Patriot Act Unconstitutional? - Encarta
- Law review articles
- Chesney, Robert M. "The Sleeper Scenario: Terrorism Support Laws and the Demands of Prevention". Harvard Journal on Legislation (2005).
- Gouvin, Eric J. "Bringing Out the Big Guns: The USA PATRIOT Act, Money Laundering and the War on Terrorism". Baylor Law Review 55 (2003): 955.
- Kerr, Orin. "Digital Evidence and the New Criminal Procedure". Columbia Law Review (2005).
- 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).
- –––. "The making of the USA PATRIOT Act I: Legislative Process and Dynamics". International Journal of the Sociology of Law 34.3 (2006): 179–219.
- –––. "The making of the USA PATRIOT ACT II: Public Sentiments, Legislative Climate, Political Gamesmanship, Media Patriotism". International Journal of the Sociology of Law 34.2 (2006): 105-140.
- –––. "USA PATRIOT Act and a Policy of Alienation". Michigan Journal of Minority Rights 1 (2006): 1–44.
- –––. "USA PATRIOT Act: Some Unanswered Questions". International Journal of the Sociology of Law 43.1 (2006): 1-41.
- Books
- 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.)
- Harvey, Robert and Hélène Volat. De l'exception à la règle. USA PATRIOT Act[1]. Paris: Lignes, 2006. 215 p.
- Mailman, Stanley, Jeralyn E. 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.")
- 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.)
- Brasch, Walter. America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights. Peter Lang Publishing , 2005. ISBN 0820476080 (A long list of civil rights abuse claims by the Bush Administration inside the United States and other countries.)
- Kam C. Wong, "The Impact of USA Patriot Act on American Society: An Evidence Based Assessment" (N.Y.: Nova Press, 2007) (In print)
- Kam C. Wong, "The Making of USA Patriot Act: Legislation, Implementation, Impact" (Beijing: China Law Press, 2007) (In print)
Modèle:War on Terrorism Modèle:USA PATRIOT Actcs:PATRIOT Act da:USA PATRIOT Act de:USA PATRIOT Act fr:USA PATRIOT Act id:Patriot Act it:USA PATRIOT Act nl:USA PATRIOT Act ja:米国愛国者法 no:USA PATRIOT Act pl:USA Patriot Act fi:USA PATRIOT Act sv:Patriot Act th:กฎหมายต่อต้านการก่อการร้ายสหรัฐ
