The USA PATRIOT Act was passed 45 days after 9/11 to enhance domestic security and increase surveillance powers. It impacted laws around intelligence gathering, immigration, and more. While proponents argued it granted needed powers to fight terrorism, critics said it infringed on civil liberties. There have been ongoing legal challenges around its scope and application. As time has passed, there are calls to reevaluate the act and ensure powers are not abused.
2. 9/11
Al Qaeda's attack on the Twin Towers and the
Pentagon on September 11, 2001 spurred a
“call to action” for our government and our
population as a whole.
3. Response Chronology
First Bills Initially Introduced:
Combating Terrorism Act
Public Safety and Cyber Security Enhancement Act
Intelligence to Prevent Terrorism Act
Anti-terrorism Act of 2001
Financial Terrorism Act
Within 45 days of September 11, 2011 Congress had developed and enacted the “Uniting And Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” (USA PATRIOT Act)
Ten Titles with over 156 sections
Impacting - Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic
Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act
(BSA), as well as the Immigration and Nationality Act
Also impacting the Departments/Agencies – Treasury, Central Intelligence, Homeland Security, Federal Bureau
of Investigation, as well as, all three braches of government
And challenging the First, Fourth and Fifth Amendments….
4. Preliminary Take – Pros and Cons
The Act grants federal officials greater powers to trace and intercept terrorists’
communications both for law enforcement and foreign intelligence purposes. It
reinforces federal anti-money laundering laws and regulations in an effort to deny
terrorists the resources necessary for future attacks. It tightens our immigration laws
to close our borders to foreign terrorists and to expel those among us. Finally, it
creates a few new federal crimes, such as the one outlawing terrorists’ attacks on mass
transit; increases the penalties for many others; and institutes several procedural
changes, such as a longer statute of limitations for crimes of terrorism.
Critics have suggested that it may go too far. The authority to monitor e-mail traffic, to
share grand jury information with intelligence and immigration officers, to confiscate
property, and to impose new book-keeping requirements on financial institutions, are
among the features troubling to some.
5. USA PATRIOT Act
Title I – Enhancing Domestic Security
Counterterrorism fund
Condemnation of Arab and Muslim American discrimination
Increased funding for the FBI
Request for military assistance to assist in emergencies
Expansion of National Electronic Crime Task Force
Presidential authority (emergency powers act)
6. USA PATRIOT Act
Title II – Enhanced Surveillance Procedures
Authority to intercept wire, oral and electronic communications relating to terrorism, computer fraud and abuse offenses
Authority to share criminal investigative information
Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral and electronic
communication
Employed translators at FBI
Roving surveillance authority under the Foreign Intelligence Surveillance Act
Duration of FISA surveillance of non-US persons who are agents of a foreign power
Seizure of voice mail messages pursuant to warrants
Emergency disclosure of electronic communications to protect life
Authority for delaying notice of execution of a warrant
Access to records and other items under the FISA
Modification of authorities relating to use of pen registers and trap and trace devices
Pen register is a device
that tracks all numbers
called from a particular
phone
7. USA PATRIOT Act
Title II – Enhanced Surveillance Procedure (cont.)
Interception of Computer trespasser information
Foreign intelligence information
Single jurisdiction search warrants
Nationwide service
8. USA PATRIOT Act
Title III – International Money Laundering Abatement and Anti-Terrorist Financing Act
Special due diligence for correspondent accounts and private banking accounts
Long arm jurisdiction over foreign money launderers
Forfeiture of foreign funds and proceeds of foreign crimes
Verification of identification
International cooperation on identification of originators of wire transfers
Amendments related to reporting suspicious activity
Development of a financial crimes enforcement network (FinCEN)
Establishment of a highly secure network
Extraterritorial jurisdiction
9. USA PATRIOT Act
Title IV – Protecting the Border
Ensuring adequate personnel are on the northern border
Foreign student monitoring program
Participation of Homeland Security on Entry-Exit Task Force
Mandatory detention of suspected terrorists; habeas corpus, judicial review
10. USA PATRIOT Act
Title V – Removing Obstacles to Investigating Terrorism
Paying rewards to combat terrorism
DNA identification of terrorists and other violent criminals
Extension of Secret Service jurisdiction
Disclosure of educational records and National Center for Education Statistics (NCES)
11. USA PATRIOT Act
Title VI – Providing for Victims of Terrorism, Public Safety Officers and Their
Families
Expedited payment to those public safety officers involved in the prevention, rescue or
recovery efforts required due to terrorism
Public safety officers benefit program with pay increases
Crime victims fund, compensation and assistance
12. USA PATRIOT Act
Title VII – Increased Information Sharing for Critical Infrastructure Protection
Regional information sharing (within US)
13. USA PATRIOT Act
Title VIII – Strengthening Criminal Laws Against Terrorism
Jurisdiction over crimes committed against US facilities abroad
Technical clarification of what constitutes material support to a terrorist organization
No statute of limitation for terrorism offenses
Alternate maximum penalties for terrorism offenses
Post-release supervision of terrorists
Development and support of cybersecurity forensic capabilities
Expansion of the biological weapons statute
14. USA PATRIOT Act
Title IX – Improved Intelligence
Inclusion of international terrorist activities within the scope of foreign intelligence
under the National Security Act of 1947
Congress to establish and maintain intelligence relationships to acquire information on
terrorists and terrorist organizations
Temporary authority to defer submittal to Congress of reports on intelligence and
intelligence related matters
Foreign terrorist asset tracking center
National Virtual Translation Center
Improved training programs for gathering and using foreign intelligence
15. USA PATRIOT Act
Title X – Miscellaneous
Definition of electronic surveillance
Venue in money laundering cases
Limitation on the issuance of hazmat licenses
Expansion and reauthorization of crime identification technology act for anti-terrorism
grants to States and localities
Critical infrastructure protection
16. ACLU Challenge (July 30, 2003)
As the ACLU described in a report released today, Section 215 of the PATRIOT Act
violates constitutional protections against unreasonable searches and seizures as well
as the rights to freedom of speech and association. The report, Unpatriotic Acts: The
FBI's Power to Rifle Through Your Records and Personal Belongings Without Telling
You, describes how the law:
Violates the Fourth Amendment by allowing the FBI to search and seize records or personal
belongings without a warrant, without showing probable cause -- and without ever notifying
even innocent people of the searches;
Violates the First Amendment because it allows the FBI to easily obtain information about a
person's reading habits, religious affiliations, Internet surfing and other expressive activities
that would be ""chilled"" by the threat of investigation;
Violates the First Amendment by imposing a ""gag order"" that prohibits those served with
Section 215 orders from telling anyone -- ever -- that the FBI demanded information, even if
the information is not tied to a particular suspect and poses no risk to national security.
17. Other Challenges
“the Act offends basic civil liberties under the First, Fourth and Fifth Amendments.”
(Committee on Civil Rights of the New York Bar Association)
The Court found that FISA as amended by the Patriot Act was a constitutionally reasonable
response to the terrorist threat.
Center for Constitutional Rights (CCR) - CCR’s motion was filed in a pending lawsuit,
Humanitarian Law Project v. Ashcroft, that has already declared unconstitutional part of
the material support statute. In March 2000, the U.S. Court of Appeals for the Ninth
Circuit Court barred enforcement of criminal bans on providing “personnel” and
“training” to proscribed groups, finding that these prohibitions are unconstitutionally
vague and could criminalize a wide range of First Amendment-protected speech, from
writing an op-ed to lobbying or teaching human rights advocacy
18. Latest and Potentially the Biggest
Challenge
Edward Snowden
Meta-data files collecting information on everyone in the U.S. (using only
what they need to fight terrorism)
Spying on both our enemies and our allies
19. Conclusion
In 45 days Congress acted to modify our laws and statutes in massive ways to take on a
completely new challenge
Our biggest challenge was no longer large country states
This new challenge was and could still be within our national boundaries
This enemy was not one to be impacted by world diplomacy and economic pressure
The enemy was fanatical in their belief that the west was the root of all evil
Thankfully there has not been another attack on American soil since 9/11 that had such
a horrendous impact
Is there over-reach built into the Patriot Act – Probably
Something big needed to be done right away
Challenges and changes have occurred and should continue to occur
20. Conclusion (cont.)
Are the changes made as a result of the Patriot Act prone to abuses, possibly –
Guantanamo Bay
Spying on our allies
Very open access to electronic, educational and medical information of all US citizens
With changes that have now been tested over the period from 2001 - 2014, I believe it is time to
revisit this statute and evaluate –
What has worked and what hasn’t
Are we achieving results while minimizing the impact to the constitutional freedoms we have
become accustomed to
Do we have the right balance of checks and balances and oversight to assure abuses of power
remain the exception
21. References
http://www.fincen.gov/statutes_regs/patriot
http://www.Wikipedia.org
LEGISLATIVE HISTORY—H.R. 3162:
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 23, 24, considered and passed House.
Oct. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Oct. 26, Presidential remarks.
patriotact.com
www.aclu.org
Fernando A. Bohorquez, Jr. (February 2005) “Challenges to Challenging The Patriot Act
- Limits on Judicial Review and a Proposal for Reform”