usa patriot act powerpoint presentation

• History Classics
• Your Profile
• Find History on Facebook (Opens in a new window)
• Find History on Twitter (Opens in a new window)
• Find History on YouTube (Opens in a new window)
• Find History on Instagram (Opens in a new window)
• Find History on TikTok (Opens in a new window)
• This Day In History
• History Podcasts
• History Vault

Patriot Act

By: History.com Editors

Updated: July 27, 2023 | Original: December 19, 2017

The Patriot Act is legislation passed in 2001 to improve the abilities of U.S. law enforcement to detect and deter terrorism. The act’s official title is, “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,” or USA-PATRIOT. Though the Patriot Act was modified in 2015 to help ensure the Constitutional rights of ordinary Americans, some provisions of the law remain controversial.

What Is the Patriot Act?

The Patriot Act is a more than 300-page document passed by the U.S. Congress with bipartisan support and signed into law by President George W. Bush on October 26, 2001, just weeks after the September 11 terrorist attacks against the United States.

Prior to the   9/11 attacks , Congress had mainly focused on legislation to prevent international terrorism. But after the April 1995 Oklahoma City bombing in which American citizens blew up a federal building, domestic terrorism gained more attention.

On April 24, 1996, President Bill Clinton signed the “Antiterrorism and Effective Death Penalty Act of 1996,” to make it easier for law enforcement to identify and prosecute domestic and international terrorists.

The law, however, didn’t go far enough for President Clinton. He’d asked Congress to give law enforcement expanded wiretap authority and increased access to personal records in terrorism cases, among other things. Congress refused, mainly because many felt loosening surveillance and records rules was unconstitutional.

All bets were off, however, after 9/11, the deadliest terrorist attack on American soil. Faced with millions of fearful voters, Congress approached U.S. Attorney General John Ashcroft ’s post-9/11 recommendations with a different eye and overwhelmingly passed the Patriot Act.

Details of the Patriot Act

According to the Department of Justice, the Patriot Act simply expanded the application of tools already being used against drug dealers and organized crime. The act aimed to improve homeland security by:

• allowing law enforcement to use surveillance and wiretapping to investigate terror-related crimes
• allowing federal agents to request court permission to use roving wiretaps to track a specific terrorist suspect
• allowing delayed notification search warrants to prevent a terrorist from learning they are a suspect
• allowing federal agents to seek federal court permission to obtain bank records and business records to aid in national security terror investigations and prevent money laundering for terrorism financing
• improving information and intelligence sharing between government agencies
• providing tougher penalties for convicted terrorists and those who harbor them
• allowing search warrants to be obtained in any district where terror-related activity occurs, no matter where the warrant is executed
• ending the statute of limitations for certain terror-related crimes
• making it harder for aliens involved in terrorist activities to enter the United States
• providing aid to terrorism victims and public safety officers involved in investigating or preventing terrorism or responding to terrorist attacks

Many of the Patriot Act’s requirements were slated to expire in 2005. Whether to renew the act was passionately argued in the U.S. House of Representatives and the Senate.

Despite continued civil liberties and privacy concerns, President Bush signed the USA Patriot and Terrorism Reauthorization Act on March 9, 2006.

Did the Patriot Act Prevent Terrorism?

Depending on whom you ask or what you read, the Patriot Act may or may not have prevented terrorism.

According to a 2015 Washington Post article, the Justice Department admitted, “ FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the Patriot Act.”

But a 2012 report from the conservative Heritage Foundation states 50 terrorist attacks have been thwarted since 9/11, with 47 being the direct result of the work of law enforcement and intelligence agencies. They claim the Patriot Act is essential to helping law enforcement identify leads and prevent attacks.

In 2004 testimony before the United States Senate Committee on the Judiciary, FBI Director Robert Mueller said, “the Patriot Act has proved extraordinarily beneficial in the war on terrorism and has changed the way the FBI does business. Many of our counterterrorism successes, in fact, are the direct results of provisions included in the Act…”

He also stated that without the provisions in the act, “the FBI could be forced back into pre-September 11 practices, attempting to fight the war on terrorism with one hand tied behind our backs.”

Patriot Act and Privacy Debate

Despite the supposed noble intentions behind the Patriot Act, the law is still hotly debated. Civil rights groups have claimed it violates American citizens’ Constitutional rights and allows the government to spy on them without due process, search their homes without consent and increase the risk of ordinary citizens being accused of crimes without just cause.

The federal government asserts the Patriot Act has safeguards to protect the rights of American citizens. Still, some parts of the law were found illegal by the courts. For instance, in 2015 the United States of Appeals for the Second Circuit found Section 215 of the Patriot Act could not be used to validate the bulk collection of Americans’ phone records.

USA Freedom Act

To help prevent the Patriot Act from infringing on Americans’ civil liberties, President Barack Obama signed the USA Freedom Act into law on June 2, 2015.

The act ended the bulk collection of all records under Section 215 of the Patriot Act and allowed challenges to national security letter gag orders. It also required better transparency and more information sharing between the United States Foreign Intelligence Surveillance Court and the American people.

Some ways the USA Freedom Act is meant to strengthen national security are:

• allows the government to track suspected foreign terrorists for 72 hours after they enter the United States
• increases required maximum penalties for anyone providing support to specific foreign terrorist organizations
• allows limited use of bulk data collection under Section 215 in an emergency

Despite the act’s efforts to protect civil liberties, its critics believe it doesn’t go far enough. The benefits of the Patriot Act and the USA Freedom Act to national security will undoubtedly continue to be weighed against the potential intrusion on Americans’ privacy and their civil rights.

Bush Signs Patriot Act Renewal. CBS News.

FBI Admits No Major Cases Cracked with Patriot Act Snooping Powers. Washington Post.

Fifty Terror Attacks Foiled Since 9/11: The Homegrown Threat and the Long War on Terrorism. The Heritage Foundation.

H.R.3162 – Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 . Congress.gov.

N.S.A. Collection of Bulk Call Data is Ruled Illegal. The New York Times.

Surveillance Under the Patriot Act. ACLU.

The USA Patriot Act: Preserving Life and Liberty. Department of Justice Website.

USA Freedom Act. House of Representatives Judiciary Committee.

William J. Clinton, XLII President of the United States: 1993-2001, Statement on Signing the Antiterrorism and Effective Death Penalty Act of 1996. The American Presidency Project.

Sign up for Inside History

Get HISTORY’s most fascinating stories delivered to your inbox three times a week.

By submitting your information, you agree to receive emails from HISTORY and A+E Networks. You can opt out at any time. You must be 16 years or older and a resident of the United States.

More details : Privacy Notice | Terms of Use | Contact Us

• My presentations

Auth with social network:

Download presentation

We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!

Presentation is loading. Please wait.

To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video

USA PATRIOT ACT USA PATRIOT ACT

Published by Simon Norris Modified over 9 years ago

Similar presentations

Presentation on theme: "USA PATRIOT ACT USA PATRIOT ACT"— Presentation transcript:

Part IV. MONEY SERVICE BUSINESSES Another Money Laundering Trend.

Key New Surveillance Provisions Professor Peter P. Swire Ohio State University Privacy 2001 Conference October 4, 2001.

10 July 2003MIS 111 Internet Privacy Laws Jennifer Almond and Colin Zupancic Enjoying the right to privacy means having control over your own personal.

Information for Students MGH Institute of Health Professions Use your down arrow or click your mouse to advance through the presentation.

1 2 Note: The following slides represent suggestions to enhance the writing of a SAR narrative. This information should be used in conjunction with the.

FERPA Refresher Training Start. Page 2 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training What is FERPA FERPA stands for Family.

FERPA What You Need to Know as a Wayne State Student Prepared by the Office of the Registrar.

The USA PATRIOT Act Dr. Matt Robinson Appalachian State University.

© 2004 Property Casualty Insurers Association of America The Alphabet of Federal Legislation Kathleen Jensen Property and Casualty Insurers Association.

THE SUCCESSES AND FAILURES OF PROCEEDS OF CRIME APPROACHES University of Manchester School of Law Manchester, England October 3, 2014 Professor Jimmy Gurulé.

Passed by the Senate 98-1 Passed by the House October 26, 2001 – Signed into law by President Bush 130 pages in length Divided into 10 titles.

The USA PATRIOT Act By Alex Braeuer, KyoungEun Jeong, Judith Martin, Gisela Torrenti.

1 The Patriot Act After 9/11 Attorney General John Ashcroft recommended a series of laws to fight terrorism. George Bush signed this Act into law in Oct.

USA PATRIOT Act and Libraries Eric Johnson & Rodney Clare Jackman Sims Memorial Library.

Acronym for: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (Wow, that’s a mouthful)

USA PATRIOT ACT: Is it a legitimate law to protect national security or is it a violation of your Civil Liberties? Essential Question:

Patriot Act October 26, United (and) Strengthening America (by) Providing appropriate tools required (to) intercept (and) obstruct Terrorism Act.

Chapter 17 Law and Terrorism.

The PATRIOT Act and Libraries Abby A. Goodrum April 15th, 2005.

Anti-Money Laundering and OFAC Compliance for Transfer Agents SSA Annual Conference July 25, 2008.

About project

© 2024 SlidePlayer.com Inc. All rights reserved.

The USA PATRIOT Act

Feb 03, 2011

350 likes | 672 Views

The USA PATRIOT Act. Dr. Matt Robinson Associate Professor of Criminal Justice Appalachian State University. Patriot. “one who loves his or her country and supports its authority and interests”. Question : Is the USA PATRIOT Act “patriotic”? Is it in our interests?. USA PATRIOT Act.

Share Presentation

• lax security
• personal records
• appropriate tools
• federal judge audrey collins
• nadler amendment

Presentation Transcript

The USA PATRIOT Act Dr. Matt Robinson Associate Professor of Criminal Justice Appalachian State University

Patriot • “one who loves his or her country and supports its authority and interests” Question: Is the USA PATRIOT Act “patriotic”? Is it in our interests?

USA PATRIOT Act • Stands for: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”

USA PATRIOT Act • Purpose: “To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.”

PATRIOT facts • Signed into law on October 26, 2001 (45 days after 9/11/2001) • Overwhelmingly passed and bi-partisan (98 to 1 in Senate and 357 to 66 in House) • 342 pages long (did they read it?)

PATRIOT facts • Changes a dozen laws (e.g., FERPA, FISA) • Reads like a computer manual • “Wrong bill” (changed before the vote) • No conference report

PATRIOT facts • Some sections sunset on Dec. 31, 2005 … • Only 3 of the “troubling ones” sunset (Sections 213, 215, 218) • Never mind! (Senate and House voted to extend law!) http://www.bordc.org/threats/legislation/index.php#reauth

PATRIOT benefits • Encourages and eases sharing of information between various government agencies (including FBI, CIA, local law enforcement and immigration)

PATRIOT benefits Easier to “connect the dots” of information about potential terrorist threats Question: Did we NOT have enough evidence to see the attacks of 9/11 coming???

Mary Schiavo, former Inspector General for U.S. Dept. of Transportation (1990-1996) • Resigned in 1996 after FAA tried to classify report detailing lax security at the nation's major airports (agents able to sneak fake bombs, hand grenades, guns and knives through metal detectors)

Not to Mention … • Dozens and Dozens of warnings about planes being used as weapons against US targets! http://www.justiceblind.com/airplanes.html

PATRIOT benefits Increases funding to patrol and secure Northern border of the United States

PATRIOT benefits Permits rewards to combat terrorism and provides funding opportunities for training of firefighters and other first responders

PATRIOT benefits Increases ability of law enforcement to intercept discussions of terror plans (Grants greater power to monitor telephone and Internet conversations of suspects)

PATRIOT fears • Gives access to “any tangible things … books, records, papers, documents … for an investigation … provided that such investigation of a U.S. person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution.”

PATRIOT fears … like say buying a book from Amazon.com?

PATRIOT fears “A significant purpose” must be for the gathering of foreign intelligence (Changed from “the purpose”)

PATRIOT fears Intended for use in non- terrorist crimes against American citizens (Gives access to medical, financial, library, educational, and other personal records for normal criminal matters)

PATRIOT fears Forbids librarians and business owners & employees from informing people that their records have been requested or seized

PATRIOT fears Allows taps of any and all phones of people and monitoring of Internet use

PATRIOT fears Permits entry to homes to seize property without even informing a search has taken place (“sneak and peak warrants”)

PATRIOT fears Permits spying on religious and political organizations and individuals without any evidence of criminal activity

PATRIOT fears Allows detention of people against their will and with no access to a lawyer

PATRIOT fears Creates “domestic terrorism” (criminal acts dangerous to human life meant to influence the policy of a government by intimidation or coercion or to intimidate or coerce a civilian population)

PATRIOT realities • No one outside of Justice Dept. knows how it is really being used • Vigorously defended by Attorney General Ashcroft/Gonzalez • Ashcroft 32-city tour cost taxpayers $200,000

PATRIOT realities • Website claims great successes (www.lifeandliberty.gov) • Justice Dept. report provides some evidence (July 2004 -- Report from the Field: The USA PATRIOT Act at Work) http://www.epic.org/privacy/terrorism/usapatriot/doj_report.pdf

PATRIOT realities • Being used for non- terrorist crimes against Americans Settle down!

PATRIOT realities • Law enforcement mislead FISA Court at least 75 times • Law enforcement visiting libraries • Law enforcement monitoring, spying on, infiltrating peace groups

PATRIOT backlash • 389 towns and counties and 7 states passed resolutions to modify law (62 million Americans) • National League of Cities passed resolution to modify law (245 million Americans)

PATRIOT backlash • House voted 309-118 to withdraw funding for “sneak and peak” warrants (9-4 in NC) • Sanders-Paul-Conyers-Otter-Nadler Amendment to 2005 spending bill defeated in tie (210-210)*** *** original vote was 219-201 to pass bill

PATRIOT backlash • SAFE Act supported by a diverse group of liberal and conservative groups (ACLU, ACU, ALA, GOA) • Major conservatives against law (Bob Barr, Dick Armey, Pat Buchanan, Newt Gingrich)

PATRIOT backlash • 95% of criminal justice experts say law passed too quickly • 74% say law threatens civil liberties • 68% believe that existing laws could be leveraged to protect the nation from terrorism

PATRIOT backlash • Federal Judge Audrey Collins declared Section 805 unconstitutional (Jan. 23, 2004) • Federal Judge Victor Marrero declared Section 505 unconstitutional (Sept. 29, 2004)

PATRIOT backlash • Federal Judge Audrey Collins declared Section 805 unconstitutional again! (Jul. 29, 2005) • Judge Janet Hall lifted a gag order that had been imposed on a librarian by the FBI under the USA PATRIOT Act. (September 9, 2005) • US Chamber of Commerce wrote letter to Senate Judiciary Committee to revise Sections 215 and 505 (October 4, 2005)

A Final Thought … “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety”

• More by User

The USA Patriot Act

The USA Patriot Act. Aaron Nishina Jon Gerard Ricky Sood . The USA Patriot Act . Formal definition: the Uniting and Strengthening America by Providing Tools Required To Intercept and Obstruct Terrorism (USAPA). History Behind The Computing Policies of the USAPA.

1.02k views • 62 slides

The USA PATRIOT Act. By Alex Braeuer, KyoungEun Jeong, Judith Martin, Gisela Torrenti. Content. The USA PATRIOT Act a ) History of the PATRIOT Act b) What is the PATRIOT Act about? Pros and Cons of the PATRIOT Act Discussion. The USA PATRIOT Act. History of the PATRIOT Act .

512 views • 15 slides

The USA Patriot Act. Keith Hodges FLETC Legal Division. www.khodges.com/iacp.htm. Handouts available at www.khodges.com/iacp. On September 11, 2001, more Americans were murdered than …. American battle deaths in the war of 1812. American battle deaths at Pearl Harbor.

671 views • 45 slides

USA PATRIOT ACT

USA PATRIOT ACT. WHAT DOES IT STAND FOR?. Uniting and Strengthening America By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. The Act is 342 pages 350 subject areas 21 legal amendments 40 federal agencies. Whets The Purpose of the Act .

419 views • 26 slides

USA PATRIOT Act. Stands for:Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism". USA PATRIOT Act. Purpose:To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and

528 views • 35 slides

USA PATRIOT Act. Stands for:?Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism". USA PATRIOT Act. Purpose:?To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and

551 views • 33 slides

USA Patriot Act

http://www.hickerphoto.com/american-flag-pictures-8477-pictures.htm. USA Patriot Act. Antonio Lopez Senior Seminar. History of the USA Patriot Act. Signed into law on October 26, 2001. Passed in response to 9/11 terrorist attacks.

293 views • 9 slides

The USA PATRIOT Act. By: Nick Pollio. Patriot. “one who loves his or her country and supports its authority and interests”. Question : Is the USA PATRIOT Act “patriotic”? Is it in our interests?. USA PATRIOT Act. Stands for :

504 views • 32 slides

FATCA Compliance: The New USA PATRIOT Act?

FATCA Compliance: The New USA PATRIOT Act?. Frank Cummings AML Partners, LLC [email protected] 1.603.934.6530. September 19, 2013. When will FATCA be implemented?. What will be implemented?. FATCA: The popular kid at the party . Who is subject to FATCA?. You are!.

370 views • 18 slides

The Patriot ACt

The Patriot ACt. Amendment IV.

213 views • 7 slides

THE PATRIOT ACT!

THE PATRIOT ACT!. By Chris Marchetti. About the Act. Made after the Sept. 11 attack Most Congressmen approved the Act virtually as it came to both houses. Senate – 98-1 House- 357-66 The Act was officially signed by George W. Bush on October 26, 2001

175 views • 9 slides

International surveillance. Supreme Court. Congress. Executive. Government agencies. Foreign policy. USA Patriot Act. FISA. FBI. Public. Implementation of FISA under December 23, 2002 Patriot, letters. Senate judiciary committee. US Department of Justice. USA Patriot Act. Library.

247 views • 9 slides

USA PATRIOT Act Overview

USA PATRIOT Act Overview. Sean B. Hoar [email protected]. Class Overview. The USA Patriot Act - a discussion of recent legislation and how it applies to electronic evidence; In re Sealed Case , 310 F.3d 717 (Foreign Int. Surv . Ct. Rev. 2002);

797 views • 65 slides

Libraries & the USA PATRIOT Act

Libraries & the USA PATRIOT Act. Leah Sandwell-Weiss Law Library, James E. Rogers College of Law AzLA Annual Conference December 10, 2003. Recent Headlines. Libraries Learn How To Protect Patrons From Patriot Act Librarians Make Some Noise Over Patriot Act

461 views • 29 slides

The USA PATRIOT Act. Dr. Matt Robinson Appalachian State University. USA PATRIOT Act. Stands for : “ U niting and S trengthening A merica by P roviding A ppropriate T ools R equired to I ntercept and O bstruct T errorism ”. USA PATRIOT Act. Purpose :

912 views • 35 slides

USA PATRIOT Act

USA PATRIOT Act. Mike Anderson Todd Craig David Goldenberg. The USA PATRIOT Act. Act of Congress signed by George W. Bush on October 26, 2001. Acronym which stands for: Uniting and Strengthening America by Providing Appropriate Tools to Intercept and Obstruct Terrorism.

569 views • 29 slides

The USA PATRIOT Act. Session 10 YSU Weapons of Mass Destruction Course. The Acronym. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct T errorism. What Changed?. Criminal Investigations Foreign Intelligence Investigations FISA

479 views • 32 slides

USA PATRIOT Act and Libraries

USA PATRIOT Act and Libraries. Eric Johnson & Rodney Clare Jackman Sims Memorial Library. USA PATRIOT Act. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Brief History.

349 views • 21 slides

USA Patriot Act. Patriot Act. Ten Sections covering a variety of areas, including banking, money laundering, surveillance, border protection, victims’ support, information sharing within the infrastructure and the strengthening of criminal laws against terrorism. Terrorism:.

507 views • 24 slides

The Patriot Act

The Patriot Act. After 9/11 Attorney General John Ashcroft recommended a series of laws to fight terrorism. George Bush signed this Act into law in Oct. 2001 calling the act, “a new tool to fight the present danger.” Bush updates law, March, 2006.

300 views • 11 slides

USA Patriot Act I

USA Patriot Act I. Immediately post 9/11 Expanded search authority Roving wiretaps Monitor private internet and email traffic Acquisition of library and bookstore records (Section 215)

257 views • 5 slides

The USA PATRIOT Act. By Alex Braeuer, KyoungEun Jeong, Judith Martin, Gisela Torrenti. Content. The USA PATRIOT Act a ) History of the PATRIOT Act b) What is the PATRIOT Act about? Pros and Cons of the PATRIOT Act Discussion. The USA PATRIOT Act. History of the PATRIOT Act.

948 views • 15 slides

• Preferences

USA Patriot Act - PowerPoint PPT Presentation

USA Patriot Act

Title: powerpoint presentation last modified by: valued gateway client created date: 1/1/1601 12:00:00 am document presentation format: on-screen show – powerpoint ppt presentation.

• Carrie Lybecker
• Liza Rognas
• Carlos Diaz
• The Evergreen State College
• February 28, 2003
• September 11, 2001
• September 12 Ashcroft instructed staff to draft broad authorities
• Civil libertarians gathered the wagons
• September 13 Senate precursor bill adopted
• September 19 Congressional, White House and Justice leaders exchanged proposals
• Patriot enacted October 26, 2001
• ACLU, Electronic Privacy Information Center, Center for Democracy and Technology, American Association of Law Libraries, the American Library Association, Association of Research Libraries, Amnesty International, Human Rights Watch, Physicians for Human Rights, Women's International League for Peace and Freedom
• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
• Public Law 107-56
• Circumvents 4th Amendment probable cause requirement and protections of privacy
• Vastly increases surveillance and search and seizure powers
• Allows extensive information sharing among agencies
• Minimizes or eliminates judicial and congressional oversight and accountability
• Increases government secrecy
• Intellectual freedom is the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored.American Library Association, Office for Intellectual Freedom
• Intellectual freedom is the basis for our democratic system. We expect our people to be self-governors. But to do so responsibly, our citizenry must be well-informed. Libraries provide the ideas and information, in a variety of formats, to allow people to inform themselves.American Library Association, Office for Intellectual Freedom
• The right to privacy is the right to open inquiry without having the subject of ones interest examined or scrutinized by others
• Privacy is essential to the exercise of free speech, free thought, and free association, and
• Protecting user privacy and confidentiality has long been an integral part of the mission of libraries.Privacy An Interpretation of the Library Bill of Rights, American Library Association
• 1939 Library Bill of Rights
• 1947 HUAC accused LOC of harboring aliens
• 1948 ALA opposed loyalty oaths
• 1953 McCarthy attacked overseas library collections, books burned
• 1953 ALA Freedom to Read
• FBI infiltrated libraries across nation and attempted to enlist librarians in the surveillance and reporting of the library activities of foreigners, including divulging their names, reading habits, materials checked out, and their questions to reference librarians.
• The agents told librarians that they should report to the FBI anyone with a foreign sounding name or foreign sounding accent.Librarian Herbert Foerstel (University of Maryland, author of Surveillance in the Stacks The FBI's Library Awareness Program)
• Jaia Barrett of the Association of Research Libraries wondered Whats the next step? Classifying road maps because they show where bridges are for terrorists to blow up?Natalie Robbins, The FBIs Invasion of Libraries, The Nation April 09, 1988
• Treasury visited libraries demanding patron records
• ALA published Policy on Confidentiality of Library Records and Policy on Government Intimidation
• ALA denounced government use of informers, electronic surveillance, grand juries, indictments, and spying in libraries, asserting no librarian would lend himself to a role as informant, whether of voluntarily revealing circulation records or identifying patrons and their reading habits
• Everyone has the right to freedom of opinion and expression this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.Article 19, Universal Declaration of Human Rights
• First Amendment religion, speech, press, petition, assembly
• Fourth Amendment privacy, probable cause
• Fifth Amendment due process of law
• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
• A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime the facts must be such as would warrant a belief by a reasonable man
• Major distinction between criminal and intelligence investigations
• Criminal investigations must adhere to constitutional requirements regarding privacy, probable cause, and due process
• Intelligence gathering relied on lesser standards, i.e. did not require probable cause, as information sought was for intelligence purposes only, not for use in criminal investigations
• Patriot blurs or eliminates the distinction between the two, allows gathering of evidence for criminal investigations through the secretive intelligence process which does not require probable cause as it was intended to gather data about foreign agents
• FBI maintained campaign of surveillance, disinformation, and disruption targeting Dr. Martin Luther King, Jr., Amnesty International, ACLU, antiwar and womens rights groups and at the University of California, the Free Speech Movement, students, professors, and administrators at UC Berkeley.
• CIA, by law restricted to intelligence activities outside US and excluding US persons, illegally spied on 7,000 Americans, sharing information with FBI
• FBI initiated files on over 1 million Americans, without a single resulting conviction
• Senate Church Committee, 1975-1976, documented FBI and CIA abuses in 13 published volumes
• Enacted FISA, the Foreign Intelligence Surveillance Act of 1978 to safeguard constitutional rights
• Define FBI domestic surveillance activities relative to collection of foreign intelligence information
• Provide judicial and congressional oversight
• Prevent political spying and infringement on constitutional rights
• Seven member secret court appointed by Supreme Court to approve applications for intelligence-gathering
• Operates in secret, proceedings are secret, surveillance is secret, results are secret
• FBI was required to attest (without probable cause) that the primary purpose of the investigation was collection of foreign intelligence information
• Courts role was largely to verify that required documents had been submitted and were in order
• In 20 year history, court denied one out of more than 10,000 requests
• FBI required to identify location, devices, information sought, means of acquisition, duration
• FBI prohibited from sharing acquired information with other law enforcement agencies unless approved by Attorney General (the wall)
• Surveilled person not notified
• Patriot vastly broadens who may be surveilled, in what manner, and what information may be collected
• Allows or mandates information sharing among agencies
• Decreases congressional and judicial oversight
• Section 203 Information Sharing
• Section 206 Roving Wiretaps
• Section 213 Sneak Peek
• Section 214 Pen/Trap-FISA
• Section 215 Records
• Section 216 Pen/Trap-Criminal
• Section 218 Foreign Intelligence Info
• Section 214 pertains to electronic surveillance, Pen/Trap acquisition of electronic information in intelligence investigations
• A pen register is a device that captures phone numbers dialed, Internet addressing information such as email addresses, URLs accessed, search strings initiated
• A trap and trace device identifies the origin of incoming phone calls or email (electronic signaling)
• Previously, government required to certify that it had reason to believe that the surveillance was being conducted on a line or device used by someone or a foreign power or agent involved with international terrorism or intelligence activities that violate US criminal laws
• Now, need only assert that the information likely to be obtained is either foreign intelligence information about a non US person, or relevant to an ongoing investigation to collect foreign intelligence information or to protect against international terrorism or clandestine intelligence activities,
• provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution
• Information concerning a US person, that relates to the ability of the United States to protect against attack, grave hostile acts, sabotage, international terrorism, or clandestine intelligence activities by a foreign power or its agent or
• information, whether or not concerning a United States person, with respect to a foreign power or territory that relates to the national defense or the security of the United States, or the conduct of the foreign affairs of the United States."
• Foreign power includes
• Foreign governments
• Entity controlled by foreign government
• A foreign-based political organization, not substantially composed of United States persons (50USC1801)
• Examples Amnesty International, International Red Cross, CISPES
• International terrorism includes activities that appear to be intended to intimidate or coerce a civilian population or to influence the policy of a government by intimidation or coercion
• Any investigative or law enforcement officer, or attorney for the Government who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence information
• The person/entity surveilled need not be suspected of terrorism or any crime
• The specific person or communications device or network need not be specified
• The order includes a gag clause the person served may not disclose its existence
• Previously required to assert that the purpose of the surveillance is to obtain foreign intelligence information
• Revised to a significant purpose of the surveillance is to obtain foreign intelligence information
• In August 2002, FISC took the unprecedented step of releasing, for the first time in its history, an opinion regarding the conduct of the Justice Department
• Attorney General asserted that FISA may be used primarily for a law enforcement purpose, and
• Proposed rules that would allow criminal prosecutors to direct and control intelligence investigations, that is, to use the secret FISA process to collect evidence for criminal cases
• This may be because the government is unable to meet the substantive requirements of law applicable to criminal investigation, and
• Means that criminal prosecutors will tell the FBI when to use FISA (perhaps when they lack probable cause), what techniques to use, what information to look for, what information to keep as evidence and when use of FISA can cease because there is enough evidence to arrest and prosecute
• Court revealed its 2000 discovery that FBI had lied in 75 FISA surveillance applications and was illegally mixing intelligence and criminal investigations
• In March 2001, government reported similar misstatements in another series of FISA applications
• The Court found that most of the FBIs illegal activities violating court orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors. How misrepresentations on surveillance applications occurred remained unexplained to the Court, almost two years after they were first discovered.
• The court ruled against Ashcroft and ordered the DOJ to retain separation between criminal and intelligence investigations
• The DOJ appealed to the FISA Court of Review (FISCR)
• The FISCR convened for the first time and issued an opinion reversing FISC decision, citing Patriots Sec. 218 language change from the purpose to a significant purpose, and also citing the explicit support for that language by several Senators during Patriot deliberations Democrats Leahy, Edwards, and Feinstein
• The FISA process for approving electronic surveillance as well as search and seizure may be used, without probable cause, to obtain evidence for criminal prosecution
• For FISCR decisions, there apparently is no recourse to the US Supreme Court
• Carnivore is a system of software and hardware that captures electronic communications over a network
• Its existence was discovered in April 2000 when ISP Earthlink testified before the House Judiciary Committee that the FBI was requiring it to install Carnivore on its network
• Congress held hearings and exchanged a series of letters with the FBI
• DOJ commissioned a study by IIT Research Institute and the Illinois Institute of Technology Chicago-Kent College of Law
• May be used in either pen mode, which records To and From email address and IP addresses, or full mode which captures the full content of communications, i.e. e-mail messages, HTTP pages (web browsing contents) , FTP sessions, commands and data, for instance, search strings initiated
• Switching between modes requires one mouse click to select a radio button
• Operator not identified and actions are not traceable
• Program does not maintain a record of its own activities
• It is impossible to trace the actions to specific individuals
• Carnivore can perform fine-tuned (surgical) searches
• It is also capable of broad sweeps. Incorrectly configured, Carnivore can record any traffic it monitors
• This is a recently declassified FBI schematic depiction of Carnivore
• Court authorizes installation of pen/trap devices anywhere in US whenever an attorney for government, or a State investigative or law enforcement officer certifies to court that that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation
• Pen/trap orders nationwide may now be authorized by courts located outside the communication providers geographic area, and the order neednt specify a geographic area
• Providers do not need to be specified
• Gag clause the person owning or leasing the line to which the pen/trap device is attached, or who has been ordered by the court to provide assistance to the applicant, shall not disclose the existence of the pen/trap or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court
• Previously, court order had to identify the specific service, e.g. an ISP or phone company, through which surveillance would occur
• Sec 206 allows the interception of any communications made to or by an intelligence target without specifying the particular telephone line, computer or other facility to be monitored
• Includes gag clauserecipient of order prohibited from disclosure
• EPIC analysis Could have a significant impact on the privacy rights of large numbers of innocent users, particularly those who access the Internet through public facilities such as libraries, university computer labs and cybercafes. Upon the suspicion that an intelligence target might use such a facility, the FBI can now monitor all communications transmitted at the facility.
• Authority for Delaying Notice of the Execution of a Warrant
• Eliminates prior requirement to provide a person subject to a search warrant or order with notice of the search
• With warrant or court order, may search for and seize any tangible property or communication, without prior notice
• Under FISA, an FBI official (as low in rank as Assistant Special Agent in Charge) may apply for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities
• Judge is required to authorize the order if he finds that the application meets the requirements of this section
• The order may not disclose that it is issued for purposes of an intelligence or terrorism investigation
• Gag clause No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section
• On a semiannual basis, the Attorney General must provide a report to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate specifying total number of applications, and number granted, modified, or denied during the preceding 6 months
• Sept 2001 UCLA library employee suspended for posting email critical of US foreign policy
• Sept 2001 Florida librarian reported suspicious names to FBI, computer records seized
• Sept 2001 Broward County, Florida library director subpoenaed for patron information
• October 2001 Fort Lauderdale and Coral Springs libraries in Florida visited by FBI
• Feb 2002 U. of Illinois Library Research Center surveyed 1,020 public libraries85 had received requests for patron information
• July 2002 A St. Petersburg Times editorial reported that library staff of Edison Community College reported three Middle Eastern-looking men who were whispering while using library computers to look up Islamic newspapers. Computer hard drives were confiscated
• June 2002 FBI sought information about a library patron from the Bridgeview Public Library in Chicago
• June 2002 Paterson, New Jersey Library Director Cindy Czesak revealed to the press, despite a gag order, that the FBI had visited there seeking patron information
• In a June 2002 letter to AG John Ashcroft, the House Judiciary Committee asked 50 questions about the implementation of Patriot, including in libraries and bookstores
• In its July 2002 reply, the Justice Department declined to answer questions impacting libraries/records, asserting that the information was classified
• October 2002 House Judiciary Chair Sensenbrenner issued a press release after reviewing classified data The Committees review of classified information related to FISA orders for tangible records, such as library records, has not given rise to any concern that the authority is being misused or abused.
• But as the ACLU noted in a subsequent lawsuit, He did not undertake to disclose those answers to the public.
• The ACLU, Electronic Privacy Information Center, American Booksellers Foundation, and Freedom to Read Foundation filed suit against the Justice Department for records concerning implementation of Patriot in libraries and bookstores, after the Department of Justice failed to respond to Freedom of Information Act requests
• We dont know how Patriot has been used in libraries, and librarians cannot tell us without risking prosecution
• Librarians and the public have a right to know what information is being collected about Constitutionally-protected activities, and to expect government accountability
• Librarians have a rich professional history of promoting and protecting intellectual freedom
• We agree with the ALA The Patriot Act is a clear and present danger to intellectual freedom
• The ALA therefore urges all libraries to
• Educate their users, staff, and communities
• Defend and support privacy and open access to knowledge and information, and
• Adopt and implement patron privacy and record retention policies that affirm that the collection of personally identifiable information should only be a matter of routine or policy when necessary for the fulfillment of the mission of the library

PowerShow.com is a leading presentation sharing website. It has millions of presentations already uploaded and available with 1,000s more being uploaded by its users every day. Whatever your area of interest, here you’ll be able to find and view presentations you’ll love and possibly download. And, best of all, it is completely free and easy to use.

You might even have a presentation you’d like to share with others. If so, just upload it to PowerShow.com. We’ll convert it to an HTML5 slideshow that includes all the media types you’ve already added: audio, video, music, pictures, animations and transition effects. Then you can share it with your target audience as well as PowerShow.com’s millions of monthly visitors. And, again, it’s all free.

About the Developers

PowerShow.com is brought to you by  CrystalGraphics , the award-winning developer and market-leading publisher of rich-media enhancement products for presentations. Our product offerings include millions of PowerPoint templates, diagrams, animated 3D characters and more.