Congress Renews Patriot Act + Provisions of the USA Patriot Act

Congress Renews Patriot Act

Congress Renews Patriot Act, With Some Changes
By Charles Babington
The Washington Post

Wednesday 08 March 2006

Congress renewed a four-year-old anti-terrorism law yesterday that makes it easier for federal agents to secretly obtain Americans' records and communications, even as some lawmakers warned that voters are growing increasingly concerned about protecting civil liberties during the fight against terrorism.

Renewal of the USA Patriot Act marks a victory for President Bush at a time when he is defending a program of warrantless domestic eavesdropping conducted by the National Security Agency. Congress has scheduled several hearings on the NSA program, and the Senate intelligence committee created a subcommittee yesterday to scrutinize it.

The House voted 280 to 138 to approve a Senate-passed measure that makes several changes to the Patriot Act, which was enacted shortly after the 2001 terrorist attacks. Both chambers earlier approved another bill extending the act's provisions that were scheduled to expire, and Bush is expected to sign the measures as a package.

The law makes it easier for federal agents to secretly tap phones, obtain library and bank records, and search homes of terrorism suspects. Bush has called it a vital tool in protecting the country. But numerous civil libertarians and librarians said it allows abuse of innocent Americans' privacy, and lawmakers agreed last year to add several safeguards before renewing provisions that were scheduled to expire.

One change involves National Security Letters, which are subpoenas for financial and electronic records that do not require a judge's approval. Libraries functioning in their "traditional capacity" will no longer be subject to such letters. Also modified are "Section 215 subpoenas," which are granted by the Foreign Intelligence Surveillance Act Court. Recipients will have the explicit right to challenge the subpoenas' nondisclosure or "gag order" requirements.

The reauthorization makes permanent all but two of the Patriot Act's provisions. The Senate, in which four Republicans joined most Democrats in pushing for greater safeguards, insisted on four-year sunsets of the FBI's authority to conduct "roving wiretaps" of targets with multiple phones or e-mail devices, and of the government's powers to seize business records with the FISA court's approval.

House Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.) told colleagues that the Patriot Act has been an effective anti-terrorism tool, and that critics have "not produced a single substantiated claim" that it "has been misused to violate Americans' civil liberties." Still, he said, Congress agreed to several changes "to further mitigate the potential for misuse."

Rep. Jane Harman (Calif.), the House intelligence committee's ranking Democrat, praised the new law for "barring the government from using National Security Letters to obtain records from libraries functioning in their traditional roles. Only libraries that also function as Internet service providers are now covered."

However, Harman said, "we need to do more," and some Republicans agree. Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) has introduced a bill that, among other things, would allow federal officials seven days to act on a "delayed-notice search warrant" before informing its target. The revised law allows 30 days.

Several lawmakers said Americans are still feeling their way along the political landscape that pits privacy and some liberties against law enforcement efforts to prevent terrorist acts.

"There's no question that the politics of terror is something new to our country," said Sen. Larry E. Craig (Idaho), one of four Republicans who helped block Senate passage until more safeguards were added. When he describes how the government can secretly eavesdrop and seize records, Craig said, audiences generally temper their anti-terrorism enthusiasm with expressions of concern for civil liberties.

Many House Democrats said the safeguards in the reauthorization fall short. But Rep. Robert C. "Bobby" Scott (D-Va.) said the Patriot Act may prove to "be irrelevant" because the administration seems to be "wiretapping at will" through the NSA. He and the House's two other Virginia Democrats, James P. Moran Jr. and Rick Boucher, voted against renewing the act. Elijah E. Cummings (D) and Roscoe G. Bartlett (R) of Maryland joined them.

The reauthorized Patriot Act includes new tools to combat the manufacture and distribution of methamphetamine. It will require retailers to place cold medicines with pseudoephedrine - a key ingredient of the illegal drug - behind counters, and will set limits on each person's monthly and daily purchases. Buyers will have to identify themselves and sign for their purchases.




Provisions of the USA Patriot Act
The Associated Press

Tuesday 07 March 2006

Provisions and changes in the USA Patriot Act.

What's New:

* The package makes clear that recipients of National Security Letters have the right to challenge them in court.

* It gives recipients of court-approved subpoenas for information in terrorist investigations the right to challenge a requirement that they refrain from telling anyone.

* It clarifies that most libraries are not subject to demands in those letters for information about suspected terrorists.

* It takes aim at the methamphetamine trade by imposing new restrictions on the sale of over-the-counter cold and allergy medicines, which contain a key ingredient for the drug. Beginning 30 days after President Bush signs the law, expected sometime this week, purchase limits go into effect: One person would be limited to buying 300, 30-mg pills in a month or 120 such pills in a day. The measure would make an exception for "single-use" sales - individually packaged pseudoephedrine products.

By Sept. 30, retailers would be required to sell such medicines from behind the counter and purchasers would have to show ID and sign log books.

* The package also cracks down on port security by imposing tough punishments on crew members who try to stop or mislead law enforcement officials investigating their ships.

Renewed Provisions:

* Section 201 - Gives federal officials the authority to intercept wire, spoken and electronic communications relating to terrorism.

* Section 202 - Gives federal officials the authority to intercept wire, spoken and electronic communications relating to computer fraud and abuse offenses.

* Subsection 203(b) - Permits the sharing of grand jury information that involves foreign intelligence or counterintelligence with federal law enforcement, intelligence, protective, immigration, national defense or national security officials

* Subsection 203(d) - Gives foreign intelligence or counterintelligence officers the ability to share foreign intelligence information obtained as part of a criminal investigation with law enforcement.

* Section 204 - Makes clear that nothing in the law regarding pen registers - an electronic device that records all numbers dialed from a particular phone line - stops the government's ability to obtain foreign intelligence information.

* Section 206 - Allows federal officials to issue roving "John Doe" wiretaps, which let investigators listen in on any telephone and tap any computer they think a suspected spy or terrorist might use.

* Section 207 - Increases the amount of time federal officials may watch people they suspect are spies or terrorists.

* Section 209 - Permits the seizure of voicemail messages under a warrant.

* Section 212 - Permits Internet service providers and other electronic communication and remote computing service providers to hand over records and e-mails to federal officials in emergency situations.

* Section 214 - Allows use of a pen register or trap and trace devices that record originating phone numbers of all incoming calls in international terrorism or spy investigations.

* Section 215 - Authorizes federal officials to obtain "tangible items" like business records, including those from libraries and bookstores, for foreign intelligence and international terrorism investigations.

* Section 217 - Makes it lawful to intercept the wire or electronic communication of a computer hacker or intruder in certain circumstances.

* Section 218 - Allows federal officials to wiretap or watch suspects if foreign intelligence gathering is a "significant purpose" for seeking a Federal Intelligence Surveillance Act order. The pre-Patriot Act standard said officials could ask for the surveillance only if it was the sole or main purpose.

* Section 220 - Provides for nationwide service of search warrants for electronic evidence.

* Section 223 - Amends the federal criminal code to provide for administrative discipline of federal officers or employees who violate prohibitions against unauthorized disclosures of information gathered under this act.

* Section 225 - Amends FISA to prohibit lawsuits against people or companies that provide information to federal officials for a terrorism investigation.