Patriot Act
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| Other short titles | Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 |
|---|---|
| Long title | An Act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. |
| Nicknames | Patriot Act |
| Enacted by | the 107th United States Congress |
| Effective | October 26, 2001 |
| Citations | |
| Public Law | 107-56 |
| Statutes at Large | 115 Stat. 272 (2001) |
| Codification | |
| Acts amended | Electronic Communications Privacy Act –Computer Fraud and Abuse Act – Foreign Intelligence Surveillance Act – Family Educational Rights and Privacy Act – Money Laundering Control Act – Bank Secrecy Act –Right to Financial Privacy Act – Fair Credit Reporting Act – Immigration and Nationality Act – Victims of Crime Act of 1984 –Telemarketing and Consumer Fraud and Abuse Prevention Act |
| Titles amended | 8, 12, 15, 18, 20, 31, 42, 47, 49, 50 |
| U.S.C.sections created | 18 USC §2712, 31 USC §5318A, 15 USC §1681v, 8 USC §1226A, 18 USC §1993, 18 USC §2339, 18 USC §175b, 50 USC §403-5b, 51 USC §5103a |
| U.S.C. sections amended | 8 USC §1105, 8 USC §1182g, 8 USC §1189, 8 USC §1202, 12 USC §248, 12 USC §1828, 12 USC §3414, 15 USC §1681a, 15 USC §6102, 15 USC §6106, 18 USC §7, 18 USC §81, 18 USC §175, 18 USC §470, 18 USC §471, 18 USC §472, 18 USC §473, 18 USC §474, 18 USC §476, 18 USC §477, 18 USC §478, 18 USC §479, 18 USC §480, 18 USC §481, 18 USC §484, 18 USC §493, 18 USC §917, 18 USC §930, 18 USC §981, 18 USC §1029, 18 USC §1030, 18 USC §1362, 18 USC §1363, 18 USC §1366, 18 USC §1956, 18 USC §1960, 18 USC §1961, 18 USC §1992, 18 USC §2155, 18 USC §2325, 18 USC §2331, 18 USC §2332e, 18 USC §2339A, 18 USC §2339B, 18 USC §2340A, 18 USC §2510, 18 USC §2511, 18 USC §2516, 18 USC §2517, 18 USC §2520, 18 USC §2702, 18 USC §2703, 18 USC §2707, 18 USC §2709, 18 USC §2711, 18 USC §3056, 18 USC §3077, 18 USC §3103, 18 USC §3121, 18 USC §3123, 18 USC §3124, 18 USC §3127, 18 USC §3286, 18 USC §3583, 20 USC §1232g, 20 USC §9007, 31 USC §310 (redesignated), 31 USC §5311, 31 USC §5312, 31 USC §5317, 31 USC §5318, 31 USC §5319, 31 USC §5321, 31 USC §5322, 31 USC §5324, 31 USC §5330, 31 USC §5331, 31 USC §5332, 31 USC §5341, 42 USC §2284, 42 USC §2284, 42 USC §3796, 42 USC §3796h, 42 USC §10601, 42 USC §10602, 42 USC §10603, 42 USC §10603b, 42 USC §14601, 42 USC §14135A, 47 USC §551, 49 USC §31305, 49 USC §46504, 49 USC §46505, 49 USC §60123, 50 USC §403-3c, 50 USC §401a, 50 USC §1702, 50 USC §1801, 50 USC §1803, 50 USC §1804, 50 USC §1805, 50 USC §1806, 50 USC §1823, 50 USC §1824, 50 USC §1842, 50 USC §1861, 50 USC §1862, 50 USC §1863 |
| Legislative history | |
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The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. Its title is a ten-letter backronym (USA PATRIOT) that stands for "Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".[1]
On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act:[2] roving wiretaps, searches of business records (the "library records provision"), and conducting surveillance of "lone wolves"—individuals suspected of terrorist-related activities not linked to terrorist groups.[3]
Contents
[hide]- 1 Details
- 2 Background
- 3 Titles
- 3.1 Title I: Enhancing domestic security against terrorism
- 3.2 Title II: Surveillance procedures
- 3.3 Title III: Anti-money-laundering to prevent terrorism
- 3.4 Title IV: Border security
- 3.5 Title V: Removing obstacles to investigating terrorism
- 3.6 Title VI: Victims and families of victims of terrorism
- 3.7 Title VII: Increased information sharing for critical infrastructure protection
- 3.8 Title VIII: Terrorism criminal law
- 3.9 Title IX: Improved intelligence
- 3.10 Title X: Miscellaneous
- 4 Reauthorizations
- 5 Controversy
- 6 See also
- 7 References
- 8 Further reading
- 9 External links
Details[edit]
From broad concern felt among Americans from both the September 11 attacks and the 2001 anthrax attacks, Congress rushed to pass legislation to strengthen security controls. On October 23, 2001, Republican Rep. Jim Sensenbrennerintroduced H.R. 3162 incorporating provisions from a previously sponsored House bill and a Senate bill also introduced earlier in the month.[4] The next day on October 24, 2001, the Act passed the House 357 to 66,[5] with Democrats comprising the overwhelming portion of dissent. The following day, on October 25, 2001, the Act passed the Senate by 98 to 1.[6]
Opponents of the law have criticized its authorization of indefinite detentions of immigrants; the permission given law enforcement officers to search a home or business without the owner's or the occupant's consent or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.
Many provisions of the act were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns.[7]
The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.
Background[edit]
See also: History of the USA PATRIOT Act
The PATRIOT Act[8] made a number of changes to U.S. law. 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. The Act itself came about after theSeptember 11th attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed antiterrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001, introduced to Congress on September 19, 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as theUniting and Strengthening America (USA) Act (H.R. 2975) on October 12.[9] It was then introduced into the Senate as theUSA Act (S. 1510)[10] where a number of amendments were proposed by Senator Russ Feingold,[11][12][13][13] all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act).[14] It was vehemently opposed by only one Senator, Russ Feingold, who was the only Senator to vote against the bill. Senator Patrick Leahy also expressed some concerns.[15] However, many parts were seen as necessary by both detractors and supporters.[16][17][18]The final Act included a number of sunsets which were to expire on December 15, 2005.
Due to its controversial nature, a number of bills - none of which were passed - were proposed to amend the USA PATRIOT Act. These included the Protecting the Rights of Individuals Act,[19] the Benjamin Franklin True Patriot Act,[20]and the Security and Freedom Ensured Act (SAFE).[21] In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003.[22] This highly controversial document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the media and organizations such as the Electronic Frontier Foundation.[23] The draft, which was circulated to 10 divisions of the Department of Justice,[24] proposed to make further extensive modifications to extend the USA PATRIOT Act.[25] It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.[26]
United States Constitution Controls the Patriot Act!
SOME GENERAL REMINDERS & CAUTIONS
The United States Constitution, is the Supreme Law of the Land; therefore, as Congress considers refunding the Patriot Act, there must be a line of demarcation, drawn between U.S. citizens, and alleged terrorists. Before anything can be done, to an AMERICAN CITIZEN, there must be probable cause, that a crime either is going or has happened, before doing an reasonable search or seizure, remembering, that the persons, places, papers and affects of American citizens have rights and protections, different that citizens of foreign countries or terrorists! And then, and only then, based on this probable cause, law enforcement, even covered agencies under the Patriot Act, like, FBI, CIA, DIA, DEA, ICE, local, state and national cops of any flavor, including the cyber cops, NSA
must obtain a warrant, through oath and affirmation, going to a magistrate or judge, who is an independent, and hopefully, unbiased, objective, approval, after the presentation of probable cause, listing with particularity and specificity, the persons to be arrested or seized, or the items to be searched and seized, as part and parcel of the crime being committed. The general rule, is that the 4th amendment demands, that cops prove that their search and seizure is not unreasonable, by an independent standard!
The only exception to the general rule of warrants by independent determination, by judges, not by cops, turning them into judge, jury and executioners of the law, is exigent circumstances or emergency measures! That exception is providing for the potential destruction of property, escape, or the crime is being committed in the presence of the law enforcement officers! The Patriot Act, cannot protect officers from federal and state, statutory and constitutional violations of civil rights, while acting under color of law, or as law enforcement or state officers! What has happened, it that, cops, state officials, in both the criminal and administrative areas, have gotten lazy, and have acted like, regardless of due process and equal protections, that must be their when dealing with citizens of the United States, providing, charges, notice, hearings, trials, appeals, that are constitutional rights, as is right to counsel. I am particularly concerned about detentions, without warrants, charges, notice and hearings . . . that opens the doors for cops and state officials, or local or feds, the same, to circumvent rights and protections! I see the three provisions of the 2011 version of three provisions, with the library records provisions, being interpreted as business records!
This is problematic, especially in light of regulatory government agencies, like the SEC or Security Exchange Commission, in light of professions, like physicians and financial planners, both of which, I dealt with, finding that administrative subpoenas, allegedly civil in nature, were far more invasive searches and seizures, that would be allowed under criminal means, depending on actions based on probable cause and an independent warrant issued by a third party or judge! However, the charges included the threat of fines, and prison time, criminal in nature, but in an administrative system! I know, that with the doctors, I got 9 federal agents, investigators, and attorneys, fired for not following their own regulatory provisions, based on administrative protections for constitutional rights, like due process and equal protection! Now, terrorists, foreigners to boot, are not entitled to constitutional protections, but they are entitled to UN or international protections from torture, war crimes, or deprivation and inhumane treatment, as agreed to by conventions, treaties, alliances, compacts, etc.
If you are a hammer, everything looks like a nail, but it is not . . . some might be screws, fucking government officials for violations of rights protected . . . government immunity is only, when WELL ESTABLISHED LAWS have been followed, in addition to regulatory rules, and department policies and procedures . . . don't be fooled by the Patriot Act!
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