Legal language aside, Congress reviewed 16 temporary provisions of the USA PATRIOT Act as its December 31, 2005, sunset date approached. Evaluating the state of the country after the act’s initial adoption, debates ensued over needed amendments and clarifications as opponents of the act worried about civil liberties violations. The original 16 provisions supplemented additional government liberties and stricter punishments for terrorist activities as an official response to 9/11.

Section 201 ­­­— Authorities are allowed to secure court-approved wiretaps during terrorist investigations. This permits use of wiretaps in cases of the crimes added to the U.S.’ list of offenses, including monetarily supporting terrorists or terrorist organizations, chemical weapon offenses, using weapons of mass destruction, certain homicides and other violent acts against U.S. nationals anywhere outside the U.S.

Section 202 — This adds felony violations, including computer fraud. Added crimes include computer espionage, extortion and intentional damage to a federal government computer. It allows authority to intercept oral, wire and electronic communications connected to computer fraud and abuse.

Section 203 (B) and (D) — Subsection B allows sharing of foreign intelligence information to federal law enforcement agents, intelligence agents or other official government personal for federal use regarding national security. Subsection B assists Federal law enforcement, intelligence, protective officials among others listed strictly to perform their official duties. Subsection D provides that “notwithstanding any other provision of law,” similar sharing is allowed.

Section 204 — Described as a technical amendment, the provision has two purposes. It clarifies that Section 206 won’t interfere with foreign intelligence activities that fall outside of the Foreign Intelligence Surveillance Act “electronic surveillance” definition. It also clarifies the exclusivity applying to interception of wire and oral communications and to interception of electronic communications. Trap and trace devices identify and trace incoming phone calls, while pen registers record every number dialed from a particular telephone.

Section 206 — The provision allows roving surveillance orders of FISA, surveillances placed on an individual rather than an electronic device. The individual applying for the order must prove the target in question could thwart FBI attempts to serve the electronic surveillance order on “a specified person,” not requiring a return to court each time a target changes service providers.

Section 207 — This extends duration of FISA surveillance and physical search orders to foreign intelligence agencies.

Section 209 — Stored voice mail can be obtained through a search warrant rather than a wire tap.

Section 212 — Internet service providers are allowed to share customer communication records and contents of stored records with law enforcement in cases posing immediate risk of death or serious physical injury.

Section 214 — The pen register and trap and trace order procedures are adjusted to include any device likely to reveal relevant information in foreign intelligence investigation.

Section 215 — This permits access to business records, library records and foreign intelligence records under the FISA by backing court orders in cases of foreign intelligence and international terrorism investigation.

Section 217 — Section 217 clarifies that computer service providers should obtain law enforcement assistance in monitoring activity on their machines. This creates a definition for “computer trespasser” to exclude anyone “known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator for access to all or part of the computer.”

Section 218 — This clarifies that physical search and surveillance applications must only include that gathering foreign intelligence information is “significant” as opposed to “the primary” reason for an order.

Section 220 — Investigators need a search warrant to acquire unopened e-mail messages less than six months old from Internet service providers. Federal judges can issue nationwide search warrants, expanding their jurisdiction to anywhere outside their districts.

Section 223 — This permits individuals to sue the federal government if sensitive information is disclosed by a federal official without proper authorization.

Section 225 — Immunizes civil liability individuals who disclose information to the government in compliance with a FISA order.

Section 6001 — This gives investigators the authority to use FISA’s investigative tools to pursue individual terrorists intending to commit acts of international terrorism.

Source: United States Department of Justice

www.usdoj.gov/opa/pr/2005/April/05_opa_163.htm