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Understanding the USA PATRIOT Act 4/11/2017 The Patriot Act

USA PATRIOT Act of 2001 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Response to Sept 11, 2001 terrorist attacks. Passed the Senate 98-1 and the House 356-66. Bush signed in to law on October 26, 2001. What does it do? “To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.”

What does it say? I. Enhancing Domestic Security Against Terrorism Establishes Counterterrorism fund Expands the National Electronic Crime Task Force Initiative Expands Presidential authority II. Enhanced Surveillance Procedures Any information collected by the police or presented to a Federal grand jury may be shared with intelligence agencies. Permits a wiretap on an individual, rather than a specific phone line Permits a delay in notification of a search warrant

What does it say? III. International Money Laundering Abatement and Anti- Terrorist Financing Act of 2001 Allows Sec. of Treasury certain powers over financial institutions Encourages financial institutions, govt. and law enforcement to share information on money laundering and terrorist activities IV. Protecting the Border Triples the number of personnel stationed on US borders Expands list of those who can be deported for terrorist activity Attorney General can detain aliens believed to be part of terrorist activity without giving evidence or reason

What does it say? V. Removing Obstacles To Investigating Terrorism Requires DNA samples of terrorists to be collected and put on file in a database of violent criminals Allows government officials access to educational records without a court order VI. Providing for Victims of Terrorism, Public Safety Officers, and Their Families Public safety officers, involved after an act of terrorism, are provided benefit programs and given official expedited payments. Gives compensation and assistance to victims of acts of terrorism

What does it say? VII. Increased Information Sharing for Critical Infrastructure Protection Allows federal, state, and local law enforcement agencies to share information that enhance the investigation and prosecution abilities against terrorist conspiracies and activities VIII. Strengthening the Criminal Laws Against Terrorism Creates new crime of “domestic terrorism” (sec 801-802) Terrorist acts against mass transportation vehicles, ferries, employees, passengers, or operating systems Expands maximum penalties for terrorist crimes, attempts, and conspiracies or chemical weapons or warfare

What does it say? IX. Improved Intelligence X. Miscellaneous Permits sharing of information from the CIA to the Justice Department Makes officers and employees of the intelligence community “mini-CIA” to investigate terrorism X. Miscellaneous Creates grants to aid in first responder assistance (improved equipment and training) Sets up protections of our critical infrastructures

Patriot Act Since Passing Understanding the USA PATRIOT Act 4/11/2017 Patriot Act Since Passing Since its passing, some parts of the Patriot Act have been found unconstitutional Allows government investigators access to consumer reports, telephone records and financial records Produced in secret and without civil liability Court order not required to obtain documents Violates first amendment right to freedom of speech and fourth amendment protection against unreasonable search and seizure

Problems with the Patriot Act? Greatly expanded surveillance with significantly decreased checks and balances Dealing with terrorism? Created untrusting atmosphere Easier for government to monitor online activities of innocent Americans Nation-wide Roving Wiretap New definitions of terrorism increase possible targets of surveillance. New crime of “Domestic Terrorism” Legitimate protest activities can be considered terrorism, especially if violence erupts Three other types of terrorism are expanded International and Federal terrorism and terrorism transcending national borders Many parts of the Patriot Act do not directly relate to preventing terrorism.

Understanding the USA PATRIOT Act 4/11/2017 Myths/Realities Myth: Political organizations and peaceful groups can be subjected to surveillance, wiretapping, harassment, and criminal action for political advocacy. Reality: No organizations can be targeted to the above actions unless they break the law. Myth: Many people are unaware that their library habits (what you take out of a library and what you read on websites) could become the target of government surveillance. Reality: The Patriot Act specifically protects Americans’ First Amendment rights, and terrorism investigators have no interest in the library habits of ordinary Americans. Reality: No organizations can be targeted to the above actions unless they break the law. Reality: The Patriot Act specifically protects Americans’ First Amendment rights, and terrorism investigators have no interest in the library habits of ordinary Americans.

Myths/Realities con’t Understanding the USA PATRIOT Act 4/11/2017 Myths/Realities con’t Myth: Law enforcement can delay giving notice when they conduct a search (not required to show a search warrant when searching for evidence). Reality: This tool can be used only with a court order, in extremely narrow circumstances when immediate notification may result in death or physical harm to an individual, flight from prosecution, evidence tampering, witness intimidation, or serious jeopardy to an investigation. Reality: This tool can be used only with a court order, in extremely narrow circumstances when immediate notification may result in death or physical harm to an individual, flight from prosecution, evidence tampering, witness intimidation, or serious jeopardy to an investigation.

Goals of Patriot Act Prevent Protect Preserve Future terrorist attacks Innocent Americans from the deadly plans of terrorists Preserve Life and liberty of the American people

Improved Counterterrorism The Patriot Act improves the US’s counterterrorism efforts in many ways Allows investigators to use some of the tools which have been used to investigate organized crime and drug trafficking Facilitates information sharing and cooperation among many government agencies and law enforcement Updates laws to reflect new technologies and their potential threats Increases penalties for terrorist crimes

Understanding the USA PATRIOT Act 4/11/2017 Tools Allows law enforcement use of surveillance against crimes of terror Aids in federal agents following sophisticated terrorists Many terrorists are trained to evade investigators with devices such as cell phones. Roving wiretaps apply to the person, not the particular phone line. Law enforcement can conduct investigations without tipping off terrorists Delayed search warrants Federal agents can obtain business records for terrorism cases Government could obtain business records in criminal cases with a grand jury subpoena 4. Do law enforcement officials need to obtain permission still? 5. Does this new right only apply to electronic surveillance?

Understanding the USA PATRIOT Act 4/11/2017 Information Sharing Under the Patriot Act, different parts of government and law enforcement can communicate. Police, FBI agents, federal prosecutors and intelligence officials can share information about terrorist activities. This coordination helps in finding and prosecuting terrorists. 7. Couldn’t officials share information before (if another department asked)? If not, why? 8. Does this work in both directions or only one (FBI can request police info, but police can question FBI)? 9. Can agencies deny info or is sharing mandatory?

New Technological Threats The Patriot Act revises laws to incorporate new technology and other new potential threats. Victims of computer hacking can seek law enforcement help in monitoring who is hacking into their systems. It’s easier to obtain search warrants. Terrorism spans large areas, often into many different districts. Law enforcement agents no longer need search warrants from every district affected. One can acquire warrants in any district, no matter where it is to be executed.