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Topic: Patriot Act


  
  USA Patriot Act - Human Rights Magazine, Winter 2002
Notwithstanding the haste with which Congress acted, the provisions of the new law relating to electronic surveillance, for the most part, are a sound effort to provide new tools for law enforcement and intelligence agencies to combat terrorism while preserving the civil liberties of individual Americans.
A common problem running through many of the new authorities contained in the Patriot Act is the reliance on executive branch supervision rather than meaningful review by a neutral magistrate of the potentially highly intrusive surveillance techniques that are authorized.
Therefore, as the new powers granted under the Patriot Act begin to be exercised, we should not only feel more confident that our country has the tools to be safe but we should be ever vigilant that these new tools are not abused.
www.abanet.org /irr/hr/winter02/podesta.html   (1793 words)

  
 Elaine Scarry: Resolving to Resist
Third, the Patriot Act does indeed differ from all the other forms of executive action in one key respect that has proved crucial to the work of resistance, and that attribute will be explored in the final section of the essay.
The Patriot Act inverts the constitutional requirement that people's lives be private and the work of government officials be public; it instead crafts a set of conditions in which our inner lives become transparent and the workings of the government become opaque.
Defenders of the Patriot Act sometimes argue that the urgency of repeal is mitigated by the "sunset clause," which shuts down the act on December 31, 2005.
www.bostonreview.net /BR29.1/scarry.html   (8627 words)

  
 United States Department of Justice
In the Sunday edition of Pueblo (CO) Chieftain, Acting U.S. Attorney Bill Leone declared that the USA PATRIOT Act is a “vital tool in the information arsenal” and urged the continuation of efficient information sharing between agencies to help protect America.
The USA Patriot Act is, quite simply, a vital tool in the information arsenal for this 21st century war.
The Patriot Act modernized our ability to monitor criminal and terrorist communications by applying our wiretap laws to new technologies such as cell phones and e-mail without modifying or reducing the legal and constitutional restraints applicable to those tools.
www.lifeandliberty.gov   (917 words)

  
 A Guide to the Patriot Act, Part 2 - Should you be scared of the Patriot Act? By Dahlia Lithwick and Julia Turner   (Site not responding. Last check: 2007-11-07)
Section 218 amends the Foreign Intelligence Surveillance Act, a "bargain" struck in 1978 wherein the usual requirements for a police search—probable cause to believe a criminal act had occurred and a warrant—would be unnecessary in a teeny, tiny number of cases.
The Patriot Act expands the use of these warrants if "immediate notification of the execution of the warrant may have an adverse result." Under Patriot, such warrants are no longer limited to terrorism investigations but now extend to include any criminal investigation at all.
Supporters of the act argue that courts have always allowed officers to delay notification of a warrant if knowledge of the warrant would risk witness intimidation, the destruction of evidence, the impossibility of prosecution, or flight of the suspect.
slate.msn.com /id/2088106   (1516 words)

  
 EFF: USA PATRIOT
The USA PATRIOT Act broadly expands law enforcement's surveillance and investigative powers and represents one of the most significant threats to civil liberties, privacy and democratic traditions in U.S. history.
The USA PATRIOT Act (officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) was quickly developed as anti-terrorism legislation in response to the September 11, 2001 attacks.
PATRIOT gives sweeping search and surveillance to domestic law enforcement and foreign intelligence agencies and eliminates checks and balances that previously gave courts the opportunity to ensure that those powers were not abused.
www.eff.org /Privacy/Surveillance/Terrorism/PATRIOT   (961 words)

  
 USA Patriot Act of 2001 :: Research Protocol Approvals :: EHRS
As part of its response to the events of September 11, 2001, Congress passed the USA Patriot Act (“the Act”).
If you are unsure whether you are a restricted person under the Act, whether certain materials are select agents, or any other questions concerning the USA Patriot Act, please contact the Office of Environmental Health and Radiation Safety at (215) 898-4453.
The term ''lawfully admitted for permanent residence'' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
www.ehrs.upenn.edu /protocols/patriot.html   (813 words)

  
 Taking the Mystique out of the USA-Patriot Act   (Site not responding. Last check: 2007-11-07)
Political strategists behind the Patriot Act may not be as candid about their uncertainty as to results, but it is true that this emergency legislation, proposed by Congress and signed by President Bush, represents the country’s best legislative efforts to confront domestic terrorism.
Critics of this section of Patriot Act find it redundant to the already existing "health and safety exception." That existing exception may be deployed to protect the safety of a student, for example, if a student is missing, university officials can gain access to the student’s room or e-mail to assist in locating them.
Prior to the Patriot Act, law enforcement required a traditional subpoena in order to acquire "routing" information, information that by and large is in the realm of telephonic communications and would not require a high level of authorization.
www.cit.cornell.edu /oit/PatriotAct/article.html   (3126 words)

  
 FindLaw's Writ - Ramasastry: Patriot II
If the introduction of Patriot II in Congress coincides with the Iraq war, it may well be because the Administration has planned it that way, to take advantage of circumstances to ram the bill through both Houses quickly.
Patriot II, however collapses the distinction between domestic and international terrorism, treating wholly domestic criminal acts as subject to the same, looser legal rules that apply to foreign intelligence gathering.
Patriot II would expand them to apply to witnesses too - meaning that ordinary citizens could not discuss their testimony with anyone but their attorney.
writ.news.findlaw.com /ramasastry/20030217.html   (2578 words)

  
 The USA PATRIOT Act: What's So Patriotic About Trampling on the Bill of Rights? by Nancy Chang, November 2001
Chillingly, the Attorney General's response to the passage of the USA PATRIOT Act was not a pledge to use his new powers responsibly and guard against their abuse, but instead was a vow to step up his detention efforts.
Section 213 of the Act authorizes federal agents to conduct "sneak and peek searches," or covert searches of a person's home or office that are conducted without notifying the person of the execution of the search warrant until after the search has been completed.
While the USA PATRIOT Act does not explicitly authorize the use of secret evidence in immigration proceedings, its provisions are certain to encourage its use.
www.ratical.org /ratville/CAH/USAPAanalyze.html   (5894 words)

  
 Patriot Act Bibliography
Smith Meets the Patriot: The Digitization of the Pen Register Statutes and the Question of "Content," Cyberspace Law Seminar (April 2002) Law student paper focusing on the technical and constitutional aspects of Carnivore.
USA Patriot Act: How to be Response Ready, University Business, May 2002 10 pp.
Patriot in the Library: Management Approaches When Demands for Information are Received from Law Enforcement and Intelligence Agencies, 30 J. of College and Univ. Law (2004) 42pp.
www.librarylaw.com /Patriotbib.htm   (766 words)

  
 The Patriot Act compared to The Enabling Act   (Site not responding. Last check: 2007-11-07)
Today, according to John Ashcroft and his Patriot Act of 2001, a patriot is someone who kneels down in fear, and hands over his or her rights to the government in the name of fighting terrorism.
In addition to the Patriot Act, the Bush administration has given us Operations TIPS, a government program that encourages citizens to spy on each other and to report their neighbors activities to the authorities.
The first Patriot Act already allows for people to be locked up indefinitely without a lawyer and without being charged with a crime.
www.furnitureforthepeople.com /actpat.htm   (2932 words)

  
 The Communitarian Network
He demonstrates decisively that the notion that we should not increase governmental authority to protect innocent civilians from ruthless terrorists, lest we sacrifice our precious freedoms, is simply based on a false premise."
Readers looking for a rigorous legal encounter with the Patriot Act may be disappointed, but Etzioni has provided a very approachable resource for student essays and debates."
Beyond answering the specific question posed in the title of the book, 'How Patriotic is the Patriot Act?' is an indispensable guide in the quest for those elusive policies that make America both safe and free."
www.gwu.edu /~ccps/patriot.html   (431 words)

  
 Guidance on New Authorities that Relate to Computer Crime and Electronic Evidence Enacted in the USA Patriot Act of ...
Instead, the cable company had to provide prior notice to the customer (even if he or she were the target of the investigation), and the government had to allow the customer to appear in court with an attorney and then justify to the court the investigative need to obtain the records.
Second, prior to the Act, the law did not expressly permit a provider to voluntarily disclose non-content records (such as a subscriber’s login records) to law enforcement for purposes of self-protection, even though providers could disclose the content of communications for this reason.
Amendment: Section 220 of the Act amends section 2703(a) of title 18 (and parallel provisions elsewhere in section 2703) to allow investigators to use section 2703(a) warrants to compel records outside of the district in which the court is located, just as they use federal grand jury subpoenas and orders under section 2703(d).
www.usdoj.gov /criminal/cybercrime/PatriotAct.htm   (5185 words)

  
 politechbot.com: Final text of USA Patriot Act anti-terrorism law
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,'' after ``specified person''.
Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended by-- (1) striking ``seven district court judges'' and inserting ``11 district court judges''; and (2) inserting ``of whom no fewer than 3 shall reside within 20 miles of the District of Columbia'' after ``circuits''.
If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.
www.politechbot.com /docs/usa.act.final.102401.html   (4570 words)

  
 Congress Has Second Thoughts On Patriot Act
The Patriot Act, which significantly expands the government's domestic spying powers, was passed within weeks of the Sept. 11, 2001 terrorist attacks.
The amendment would effectively prohibit any implementation of the controversial section 213 of the Patriot Act, which enables federal agents to obtain so-called ”sneak and peek” warrants with far less evidence than was required before the bill was passed..
Opposition to the program, as well as to several sections of the Patriot Act, is growing and has been unusually broad, including groups as diverse as the ACLU and the American Conservative Union.
www.commondreams.org /headlines03/0724-01.htm   (1069 words)

  
 A Guide to the Patriot Act, Part 1 - Should you be scared of the Patriot Act? By Dahlia Lithwick and Julia Turner   (Site not responding. Last check: 2007-11-07)
Among its detractors are 152 communities, including several major cities and three states, that have now passed resolutions denouncing the Patriot Act as an assault on civil liberties.
Ashcroft contends that had the Patriot Act been in place earlier, 9/11 wouldn't have happened and that absent a Patriot Act, the country may have seen more 9/11s over the past two years—a double-double negative that's unprovable, but enough to scare you witless.
The act itself mandates semiannual reporting by the attorney general to Congress, but the only thing he must report is the number of applications sought and granted.
slate.msn.com /id/2087984   (2717 words)

  
 LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Internet Terminals
The USA PATRIOT Act stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
The Act greatly expands the use of "roving wiretaps." This means that a wiretap order targeted to a person is no longer confined to a particular computer or telephone.
Much of the Act expands the Foreign Intelligence Surveillance Act (FISA), in which the standards for courts to approve surveillance of foreign intelligence gathering are far less demanding than those required for approval of a criminal wiretap, which requires a showing of probable cause.
www.llrx.com /features/usapatriotact.htm   (2236 words)

  
 Staff Viewpoint: Libraries should be freed from Patriot Act - The Current - Opinions   (Site not responding. Last check: 2007-11-07)
USA PATRIOT is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.
What Congress did when it passed the USA PATRIOT Act was to add a clause that says, in effect, except when we say so.
One reason the plaintiffs are so anxious to bring this case out in the open is that 16 sections of the USA PATRIOT Act, including the library and bookstore records provision, were enacted as temporary measures due to expire on Dec. 31.
www.thecurrentonline.com /news/2005/10/17/Opinions/Staff.Viewpoint.Libraries.Should.Be.Freed.From.Patriot.Act-1023385.shtml   (667 words)

  
 Surveillance State
The Patriot Act was rushed into law before any effort was made to understand why the feds failed to stop the 9/11 attacks.
There is nothing in the Patriot Act that can solve the problem of FBI agents who do not understand the Foreign Intelligence Surveillance Act or solve the shortage of CIA and National Security Agency employees who can read intercepted messages in the languages of prime terrorist threats.
Eighty-nine cities have passed resolutions condemning the Patriot Act, and a coalition is stretching across ideological lines to oppose it.
www.amconmag.com /05_19_03/cover.html   (1911 words)

  
 USA Patriot Act Training Programs
The Patriot Act was enacted following the terrorist bombings in America on 9/11 and was designed to extend the anti money laundering regulations that were already in place in order to make it harder for money laundering to take place.
The act required that financial institutions in America put in place training programs to ensure that all relevant staff understood their role in preventing money laundering.
Firstly, there is a solid and comprehensive introductory course, which is designed to ensure that staff at all levels in an organisation have a good understanding of the all the key issues within the Patriot Act.
www.widelearning.com /ps_patriot_act.html   (278 words)

  
 The Free Expression Policy Project
The commentary explained how the Act's hastily passed provisions not only violate the free expression and privacy rights of those using public libraries and bookstores; they also sweep aside constitutional checks and balances by authorizing intelligence agencies to gather information in situations that may be completely unconnected to a potential criminal proceeding.
Representative Sensenbrenner reportedly stated that extending the life of the Patriot Act "will happen over his dead body."15 Assuming that both the Senate and House Judiciary Committees hold to this position, many sections of the USA PATRIOT Act will remain temporary, expiring in 2005.
Under the USA PATRIOT Act and related measures, far more information is going to the same intelligence agencies that failed to manage the ocean of information they collected before September 11.
www.fepproject.org /commentaries/patriotactupdate.html   (5656 words)

  
 PATRIOTWATCH   (Site not responding. Last check: 2007-11-07)
The Supreme Court was asked Monday to let libraries speak out about FBI demands for their records in a case involving the Patriot Act anti-terrorism law.
The ombudsman-like job was created by Congress in 2002 to uphold the Privacy Act within a department that launched a series of ambitious security programs that affect millions of people, including airline travelers, truck drivers and foreign visitors.
The Insurrection Act of 1807 outlines the script that the Administration evidently wanted Governor Blanco to follow: a governor asks the President to federalize local law enforcement in order to suppress an insurrection; the President issues a proclamation ordering the “insurgents to disperse”; they don’t; the cavalry rides to the rescue.
www.patriotwatch.org   (1879 words)

  
 NOW with Bill Moyers. Transcript. Bill Moyers Interviews Chuck Lewis. 2.07.03 | PBS
That act in 2001, they had six weeks, which was not a lot of time to throw something together.
But there are other things that really take some of the Patriot Act civil liberties issues that folks were concerned about and go even further.
And so it does appear that everything that folks might be concerned about with the Patriot Act, this is times five or times ten is what I look at it.
www.pbs.org /now/transcript/transcript_lewis2.html   (3017 words)

  
 The USA Patriot Act: We Deserve Better
The same law that was promoted as an act of patriotism might even provide a rationale for releasing the madmen who committed the horrific terrorist acts against the United States.
During the Carter administration, Congress passed the Foreign Intelligence Surveillance Act, which created a new federal court to approve electronic surveillance of citizens and resident aliens alleged to be acting on behalf of a foreign power.
Under Section 218 of the USA PATRIOT Act, foreign intelligence need only be "a significant purpose" of an investigation.
www.cato.org /current/terrorism/pubs/levy-martial-law.html   (1794 words)

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