Monday, July 12, 2004

What's the big deal with the Patriot Act?

Here it is, well the beginning of it-- sections up to and including 214. If I made mistakes sumarizing, I appologize this is headdy stuff. If you think it is boring keep reading because you are literally reading your rights away... are you a terrorist? (Yeah me neither...)
USA PATRIOT ACT (see for yourself :) http://www.epic.org/privacy/terrorism/hr3162.html

Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'. (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.

Sec. 2. Construction; severability.

TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund. (a) ESTABLISHMENT; AVAILABILITY- Establishes in the Treasury of the United States a separate fund to be known as the `Counterterrorism Fund', amounts in which shall remain available without fiscal year limitation--
(1) to reimburse any Department of Justice component for any costs incurred in connection with-- reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident; (B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and (C) conducting terrorism threat assessments of Federal agencies and their facilities; and (2) to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States.

Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim Americans. (a) FINDINGS- Congress makes the following findings:

(1) Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in our Nation and are entitled to nothing less than the full rights of every American. (2) The acts of violence that have been taken against Arab and Muslim Americans since the September 11, 2001, attacks against the United States should be and are condemned by all Americans who value freedom. (3) The concept of individual responsibility for wrong doing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups. (4) When American citizens commit acts of violence against those who are, or are perceived to be, of Arab or Muslim descent, they should be punished to the full extent of the law. (5) Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets. (6) Many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani descent, who is believed to have gone to the World Trade Center to offer rescue assistance and is now missing.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety; (2) any acts of violence or discrimination against any Americans be condemned; and (3) the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.

Sec. 103. Increased funding for the technical support center at the Federal Bureau of Investigation. There are authorized to be appropriated for the Technical Support Center established in section 811 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands for activities to combat terrorism and support and enhance the technical support and tactical operations of the FBI, $200,000,000 for each of the fiscal years 2002, 2003, and 2004.

Sec. 104. Requests for military assistance to enforce prohibition in certain emergencies.

Sec. 105. Expansion of National Electronic Crime Task Force Initiative. The Director of the United States Secret Service shall take appropriate actions to develop a national network of electronic crime task forces, based on the New York Electronic Crimes Task Force model, throughout the United States, for the purpose of preventing, detecting, and investigating various forms of electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems


Sec. 106. Presidential authority.
When the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.'; and

CLASSIFIED INFORMATION- In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.'.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 203. Authority to share criminal investigative information.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION-

(1) IN GENERAL- Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure reads as follows: Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made when so directed by a court preliminarily to or in connection with a judicial proceeding; when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; when the disclosure is made by an attorney for the government to another Federal grand jury; when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an appropriate official of a state or subdivision of a state for the purpose of enforcing such law; or when the matters involve foreign intelligence or counterintelligence or foreign intelligence information, to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct. Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made. In clause (i)(V) of this subparagraph, the term `foreign intelligence information' means-- information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--actual or potential attack or other grave hostile acts of-a foreign power or an agent of a foreign power; sabotage or international terrorism by a foreign power or an agent of a foreign power; or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to-- the national defense or the security of the United States; or the conduct of the foreign affairs of the United States.'.

(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION-

(1) LAW ENFORCEMENT- Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence, or foreign intelligence information, to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.'.

(2) DEFINITION- `foreign intelligence information' means-- information, whether or not concerning a United States person, that relates to the ability of the United States to protect against-- actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; sabotage or international terrorism by a foreign power or an agent of a foreign power; or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to-- the national defense or the security of the United States; or the conduct of the foreign affairs of the United States.'.

(d) FOREIGN INTELLIGENCE INFORMATION-

(1) IN GENERAL- Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.

(2) DEFINITION- In this subsection, the term `foreign intelligence information' means-- information, whether or not concerning a United States person, that relates to the ability of the United States to protect against-- actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; sabotage or international terrorism by a foreign power or an agent of a foreign power; or clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to-- the national defense or the security of the United States; or the conduct of the foreign affairs of the United States.

Sec. 204. Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications.

Sec. 205. Employment of translators by the FBI.
(a) AUTHORITY- The Director of the FBI is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations.SECURITY REQUIREMENTS- The Director of the FBI shall establish such security requirements as are necessary for the personnel employed as translators under subsection REPORT- The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate on-- the number of translators employed by the FBI and other components of the Department of Justice; any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.


Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.

Sec. 207. Duration of FISA surveillance of non-United States persons who are agents of a foreign power.
(b) EXTENSION-IN GENERAL- Section 105(d)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is amended by-- inserting before the period the following: an extension of an order under this Act for a surveillance targeted against an agent of a foreign power may be for a period not to exceed 1 year'.

Sec. 208. Designation of judges.

Sec. 209. Seizure of voice-mail messages pursuant to warrants.

Sec. 210. Scope of subpoenas for records of electronic communications. name; address; local and long distance telephone connection records, or records of session times and durations; length of service (including start date) and types of service utilized; telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and means and source of payment for such service (including any credit card or bank account number) of a subscriber.'

Sec. 211. Clarification of scope.
except that such disclosure shall not include records revealing cable subscriber selection of video programming from a cable operator.

Sec. 212. Emergency disclosure of electronic communications to protect life and limb.
(a) DISCLOSURE OF CONTENTS-
`Sec. 2702. Voluntary disclosure of customer communications or records'; a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service to any governmental entity.
EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS- A provider, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.'; and may divulge a record or other information pertaining to a subscriber to or customer of such service with the lawful consent of the customer or subscriber; as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or to any person other than a governmental entity.'.

(2) TECHNICAL AND CONFORMING AMENDMENT- REQUIREMENTS FOR GOVERNMENT ACCESS-

Sec. 2703. Required disclosure of customer communications or records'; Except a provider of electronic communication service or remote computing service may' and inserting `A governmental entity may require a provider of electronic communication service or remote computing service to any person other than a governmental entity. A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service.

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if-- the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result the warrant prohibits the seizure of any tangible property, any wire or electronic communication, or, except any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.

Sec. 214. Pen register and trap and trace authority under Foreign Intelligence Surveillance Act.
(a) APPLICATIONS AND ORDERS- `for any investigation to obtain foreign intelligence information not concerning a United States person or 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'; a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing 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.'; shall specify-- the identity, if known, of the person who is the subject of the investigation; the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; the attributes of the communications to which the order applies, such as the number or other identifier, and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geographic limits of the trap and trace order.'.

(b) AUTHORIZATION DURING EMERGENCIES- `foreign intelligence information not concerning a United States person or information 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'; and `foreign intelligence information not concerning a United States person or information 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'.

0 Comments:

Post a Comment

<< Home