The USA Patriot Act

1
The USA Patriot Act

• CS 4001
• Fall 2004

2
What is it and what does it do?

• 342 page long bill
• Makes changes to over 15 different statutes
• Eliminates the checks and balances

3
Provisions of the Patriot Act

• Providing federal law enforcement and
  intelligence officials with greater authority to
  monitor communications
• Giving the Secretary of the Treasury greater
  powers to regulate banks, preventing them from
  being used to launder foreign money
• Making it more difficult for terrorists to enter
  the United States
• Defining new crimes and penalties for terrorist
  activities

4
Law Enforcement Officials

• Expands the kind of information they can gather
  with pen registers and trap-and-trace devices
• Pen registers on the Internet to track email
  addresses and URLs
• Does not require probable cause
• Warrants very easy to get
• Extends jurisdiction
• Nationwide application of court-ordered search
  warrants
• Broadened the circumstances under which roving
  surveillance can take place

5
Law Enforcement Officials

• Do not need a court order to gain access to a
  computer system to intercept communications of a
  person who has illegally gained access to that
  system just need permission of owner
• Can search a persons premises without first
  serving a search warrant when there is
  reasonable cause to believe that providing
  immediate notification of the execution of the
  warrant may have an adverse affect.
• May seize property that constitutes evidence of
  a criminal offense in violation of the laws of
  the United States even if unrelated to
  terrorism

6
FBI

• Easy to get search warrant to collect business,
  medical, educational, library, and
  church/mosque/synagogue records
• Related to ongoing investigation
• No probable cause
• Illegal for anyone supplying records to the FBI
  to reveal the existence of the warrant or tell
  anyone that they provided information to the
  government
• Act does prohibit the FBI from investigating
  citizens solely on the basis of activities
  protected by the First Amendment

7
Responses to the Patriot Act

• What about our Civil liberties?
• Some say they have taken a tremendous blow
• No evidence that our previous civil liberties
  posed a barrier to the effective tracking or
  prosecution of terrorists
• Federal government has too many powers
• May use them to reduce rights of law abiding
  citizens
• First and Fourth Amendment rights affected

8
Expanded Surveillance with Reduced Checks and
Balances

• Be careful what you read on the internet
• Nationwide roving wiretaps
• ISPs hand over more user information
• New definitions of terrorism expand scope of
  surveillance

9
Over breadth with a lack of focus on terrorism

• Government spying on suspected computer
  trespassers with no need for a court order
• Adding samples of DNA to databases for those
  convicted of any crime of violence
• Wiretaps now allowed for suspected violations of
  the Computer Fraud and Abuse Act
• Dramatic increases to the scope and penalties of
  the Computer Fraud and Abuse Act

10
Allows Americans to be More Easily Spied Upon by
U.S. Foreign Intelligence Agencies

• General Expansion of FISA Authority
• Increased information sharing between domestic
  law enforcement and intelligence
• FISA detour around federal domestic surveillance
  limitations domestic detour around FISA
  limitations

11
Patriot Act IIDomestic Security Enhancement
Act of 2003

• Government would have the ability to expatriate
  an American citizen convicted of giving material
  support to a group thats designated a terrorist
  organization.
• It would require the names of people being held
  on suspicion of terrorism to be kept secret.
• Law enforcement officials would be able to use
  administrative subpoenas to gain access to
  records held by ISPs, doctors, family members or
  friends. (Does not require approval of a judge
  unless protested by person being served.)

12
Patriot Act IIDomestic Security Enhancement
Act of 2003

• It would make it simpler for police to gain
  access to credit reports
• Police would have the right to collect DNA
  samples from suspected terrorists. The federal
  government would create a national DNA database.
• Police would have the right to wiretap suspects
  and intercept their email for 15 days without
  obtaining a warrant.

13
Patriot Act IIDomestic Security Enhancement
Act of 2003

• Many people were opposed to this bill
• Some members of Congress were more interested in
  rolling back some of the provisions of the
  original Patriot Act rather than giving the
  government greater powers.
• Congress adjourned without passing it.

14
Differing Opinions

• Which points are valid?
• Which points are invalid?
• Where does the class stand?

15
Group Exercise A New Patriot Act

• In groups of 4 or 5, discuss the following
• Which provisions of the Patriot Act are in your
  opinion unconstitutional
• Which provisions of the Patriot Act you agree
  with
• As a group, create a list of provisions that you
  think are unconstitutional
• As a group, come up with a revised version of the
  Patriot Act. (Add new provisions if you think
  they are necessary.)