Patriot act:actual document

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One amendment made to the BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U. National reserve bank and allowing the Board to delegate this authority to U. 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.

The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense.

The penalty for such an offense is up to 5 years' imprisonment and the forfeiture of any property up to the amount that was being smuggled. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant. Penalties were increased to 20 years' imprisonment. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.

Under Subtitle C, 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. This restriction also included the family of such aliens. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization 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.

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. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal 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.

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, the alien must be charged with a crime or removal proceedings start 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.

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. A sense of Congress was given that the U.

Patriot Act

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 IIRIRA. They also found that the U. 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. 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. The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.

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. 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. It allows the U. 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.

Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses.

The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]. 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. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional not to allow a client to inform their Attorney as to the order because of the gag provision of the letters.

The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in a meaningful judicial review of these gags. On August 28, , Judge Victor Marrero of the federal district court in Manhattan ruled the gag order of Nicholas Merrill was unjustified. In his decision, Judge Marrero described the FBI's position as, "extreme and overly broad," affirming that "courts cannot, consistent with the First Amendment, simply accept the Government's assertions that disclosure would implicate and create a risk.

Merrill "implicates serious issues, both with respect to the First Amendment and accountability of the government to the people. The FBI was given 90 days to pursue any other alternative course of action but elected not to do so. Upon release of the unredacted ruling on November 30, , it was revealed for the first time the extent to which the FBI's NSL accompanied by a gag order sought to collect information.

Through the court documents, it was revealed for the first time that through an NSL, the FBI believes it can legally obtain information including an individual's complete web browsing history , the IP addresses of everyone a person has corresponded with, and all the records of all online purchases within the last days. In the landmark case of Nicholas Merrill the FBI in specific sought to seek the following information on an account: This was the first time it was revealed the extent to which an NSL under the Patriot Act could request communication information.

Victims of Crime Fund was managed and funded, improving the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers injured or killed in the line of duty. Payments must be made no later than 30 days later. A program can provide compensation to U. Means testing was also waived for those who apply for compensation.

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. Title VII has one section. The purpose of this title is to increase the ability of U. It does this by amending the Omnibus Crime Control and Safe Streets Act of to include terrorism as a criminal activity.

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.

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. 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. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities. 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. 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. 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.

Title IX amends the National Security Act of 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. 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. 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. A Concept Plan to Enhance the Intelligence Community's Foreign Language Capabilities, April 29, " 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.

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. Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1, or a date after February 1, if the official involved certified that preparation and submission on February 1, , would impede the work of officers or employees engaged in counterterrorism activities.

Any such deferral required congressional notification before it was authorized. 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.

Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials. Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 attacks , believing that there would have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed. Senators Patrick Leahy and Russ Feingold proposed amendments to modify the final revision. Do you really know what that would entail if we read every bill that we passed?

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However, Moore was not the only commentator to notice that not many people had read the Act. Ashcroft and his roadies call the changes in law "modest and incremental. Both advocates and opponents are guilty of fear-mongering and distortion in some instances. One prime example of a controversy of the Patriot Act is shown in the case of Susan Lindauer.

Another is the recent court case United States v. A nightclub owner was linked to a drug trafficking stash house via a law enforcement GPS tracking device attached to his car. It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court. Through the years the case rose all the way to the United States Supreme Court where the conviction was overturned in favor of the defendant. The court found that increased monitoring of suspects caused by such legislation like the Patriot Act directly put the suspects' Constitutional rights in jeopardy.

The Electronic Privacy Information Center EPIC has criticized the law as unconstitutional, especially when "the private communications of law-abiding American citizens might be intercepted incidentally", [] while the Electronic Frontier Foundation held that the lower standard applied to wiretaps "gives the FBI a 'blank check' to violate the communications privacy of countless innocent Americans". 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 [] 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.

The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order. However, the EFF's criticism is more extensive—they believe that the amendment "is in possible violation of the Fourth Amendment to the U. Constitution" because previously if the FBI listened to voicemail illegally, it could not use the messages in evidence against the defendant. 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 people's bedrooms so as not to disturb the more private voicemail.

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. In , 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.

Government did publicly apologize to Mayfield and his family, [] Mayfield took it further through the courts. On September 26, , Judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment. Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law , and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.

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. In a Federal District Court struck the provision down as unconstitutionally vague, [] but in the Supreme Court reversed that decision. Because they allow the FBI to search telephone, email, and financial records without a court order , they were criticized by many parties, including the American Civil Liberties Union. Selected businesses included casinos, storage warehouses and car rental agencies. In April , they filed suit against the government on behalf of an unknown internet service provider who had been issued an NSL, for reasons unknown.

The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional. Section allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Among the "tangible things" that could be targeted, it includes "books, records, papers, documents, and other items". 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.

However, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech. They urged librarians to seek legal advice before complying with a search order and advised their members to only keeping records for as long as was legally needed.

Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders. This case became known as Doe v. In May , the government finally gave up its legal battle to maintain the gag order. Many librarians believe that the interests of national security, important as they are, have become an excuse for chilling the freedom to read.

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. 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". Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial.

Although the government of B. These amendments aim to place more firm limitations on "storing, accessing, and disclosing of B. The public sector establishments include an estimated 2, "government ministries, hospitals, boards of health, universities and colleges, school boards, municipal governments and certain Crown corporations and agencies. The goal of the act is to establish requirements to protect personal information from being revealed, as well as punishments for failing to do so.

Justice Minister Murray Scott stated, "This legislation will help ensure that Nova Scotians' personal information will be protected. The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled. It created new provisions relating to the death penalty for terrorists, [] enhancing security at seaports , [] new measures to combat the financing of terrorism, [] new powers for the Secret Service , [] anti- methamphetamine initiatives [] and a number of other miscellaneous provisions.

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, Section 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 also had a "gag" provision, which was changed to allow the defendant to contact their Attorney. On Saturday, February 27, , President Barack Obama signed into law legislation that would temporarily extend, for one year, three controversial provisions of the Patriot Act that had been set to expire: In a vote on February 8, , the House of Representatives considered a further extension of the Act through the end of However, it eventually passed, — 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. 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".

Again, however, the recipient was ordered to inform the FBI of such a disclosure. 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.

The Patriot Act allows investigators to use the tools that were already available to investigate organized crime and drug trafficking. Many of the tools the Act provides to law enforcement to fight terrorism have been used for decades to fight organized crime and drug dealers, and have been reviewed and approved by the courts. Joe Biden D-DE explained during the floor debate about the Act, "the FBI could get a wiretap to investigate the mafia, but they could not get one to investigate terrorists.

To put it bluntly, that was crazy! What's good for the mob should be good for terrorists. Before the Patriot Act, courts could permit law enforcement to conduct electronic surveillance to investigate many ordinary, non-terrorism crimes, such as drug crimes, mail fraud, and passport fraud.

Patriot Act - Wikipedia

Agents also could obtain wiretaps to investigate some, but not all, of the crimes that terrorists often commit. The Act enabled investigators to gather information when looking into the full range of terrorism-related crimes, including: Allows federal agents to follow sophisticated terrorists trained to evade detection. For years, law enforcement has been able to use "roving wiretaps" to investigate ordinary crimes, including drug offenses and racketeering.

A roving wiretap can be authorized by a federal judge to apply to a particular suspect, rather than a particular phone or communications device. Because international terrorists are sophisticated and trained to thwart surveillance by rapidly changing locations and communication devices such as cell phones, the Act authorized agents to seek court permission to use the same techniques in national security investigations to track terrorists.

Allows law enforcement to conduct investigations without tipping off terrorists. In some cases if criminals are tipped off too early to an investigation, they might flee, destroy evidence, intimidate or kill witnesses, cut off contact with associates, or take other action to evade arrest. Therefore, federal courts in narrow circumstances long have allowed law enforcement to delay for a limited time when the subject is told that a judicially-approved search warrant has been executed.

Notice is always provided, but the reasonable delay gives law enforcement time to identify the criminal's associates, eliminate immediate threats to our communities, and coordinate the arrests of multiple individuals without tipping them off beforehand. These delayed notification search warrants have been used for decades, have proven crucial in drug and organized crime cases, and have been upheld by courts as fully constitutional.

Allows federal agents to ask a court for an order to obtain business records in national security terrorism cases. Examining business records often provides the key that investigators are looking for to solve a wide range of crimes. Investigators might seek select records from hardware stores or chemical plants, for example, to find out who bought materials to make a bomb, or bank records to see who's sending money to terrorists. Law enforcement authorities have always been able to obtain business records in criminal cases through grand jury subpoenas, and continue to do so in national security cases where appropriate.

These records were sought in criminal cases such as the investigation of the Zodiac gunman, where police suspected the gunman was inspired by a Scottish occult poet, and wanted to learn who had checked the poet's books out of the library. In national security cases where use of the grand jury process was not appropriate, investigators previously had limited tools at their disposal to obtain certain business records. Under the Patriot Act, the government can now ask a federal court the Foreign Intelligence Surveillance Court , if needed to aid an investigation, to order production of the same type of records available through grand jury subpoenas.

This federal court, however, can issue these orders only after the government demonstrates the records concerned are sought for an authorized investigation to obtain foreign intelligence information not concerning a U. The Patriot Act facilitated information sharing and cooperation among government agencies so that they can better "connect the dots.

The government's prevention efforts should not be restricted by boxes on an organizational chart. Now police officers, FBI agents, federal prosecutors and intelligence officials can protect our communities by "connecting the dots" to uncover terrorist plots before they are completed.

This prosecution involved members of the Dar al-Arqam Islamic Center, who trained for jihad in Northern Virginia by participating in paintball and paramilitary training, including eight individuals who traveled to terrorist training camps in Pakistan or Afghanistan between and These individuals are associates of a violent Islamic extremist group known as Lashkar-e-Taiba LET , which operates in Pakistan and Kashmir, and that has ties to the al Qaeda terrorist network. As the result of an investigation that included the use of information obtained through FISA, prosecutors were able to bring charges against these individuals.

Six of the defendants have pleaded guilty, and three were convicted in March of charges including conspiracy to levy war against the United States and conspiracy to provide material support to the Taliban.

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