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December 19, 2005

USA Patriot Act Provisions: Countdown to Expiration

Here are the 16 provisions of the USA Patriot Act which are set to expire Dec. 31 if not renewed by Congress:

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 which 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 for spy and anti-terrorism investigations.

Section 207: Increases the amount of time that 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 _ a device that records the originating phone numbers of all incoming calls on a particular phone line _ 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.

Source: AP

December 19, 2005 in Statutes & Regs | Permalink

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