1. DO NOW

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

3. 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
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.”

4. 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

5. 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

6. 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

7. 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 )
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

8. 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

9. 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

10. 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.

11. 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.

12. 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.

13. 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

14. 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

15. 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?

16. 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?

17. 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.