Scratch page for research on the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 - aka the USA PATRIOT Act.
Scratch articles
edit- Talk:USA PATRIOT Act/History
- User:Ta bu shi da yu/USA PATRIOT Act/Draft
- User:Ta bu shi da yu/USA PATRIOT Act/Draft/Lead
- User:Ta bu shi da yu/USA PATRIOT Act/Draft/Background
- User:Ta bu shi da yu/USA PATRIOT Act/Draft/History
- User:Ta bu shi da yu/USA PATRIOT Act/Draft/Titles summary
- User:Ta bu shi da yu/USA PATRIOT Act/Draft/Controversy
Bills, Acts & regulations
editBackground
edit- Foreign Intelligence Surveillance Act of 1978 (Title II modified this, same with Title VIII)
- Omnibus Crime Control and Safe Streets Act of 1968 (Title II modified this)
- Electronic Communications Privacy Act of 1968 (Title II modified this)
- Title III (Wiretap statute) (Title II modified this)
- Computer Fraud and Abuse Act (section 1030 and 815 modified this)
- Bank Secrecy Act (Title III modified this)
- Money Laundering Control Act of 1986 (Title III modified this)
- Immigration and Nationality Act (Title IV modified this)
- Immigration and Nationality Act of 1952 (Title IV modified this)
- Family Education Rights and Privacy Act (section 507 modified this)
- Right to Financial Privacy Act (Title III)
- Fair Credit Reporting Act (Title III)
Related
edit- Victims of Terrorism Act of 1995
- S.735
- Passed after Oklahoma City bombing.
- It made an emergency reserve of up to $50 million as part of the Crime Victims Fund
- Section 621 tops up this amount.
- Crime Victims Assistance Act of 2001, S.107.
- Note: Section 621 of USA PATRIOT Act removes cap of spending.
- McDade law
- Internet Security Act of 2000
- S. 2430
- incorporated into section 815 (amends Computer Fraud and Abuse Act)
- a bit of background to section 216
- Dangerous Biological Agent and Toxin Control Act of 2000
- Introduced by Senator Joseph R. Biden
- Incorporated into section 802
- 21st Century Department of Justice Appropriations Authorization Act
- Introduced in August 2001 by Orin Hatch and Patrick Leahy
- S. 1319
- established a Counter-terrorism Fund.
- incorporated in Section 101.
- Cable Communications Policy Act of 1984
- section 211 now clarifies that a cable company must comply with the laws governing the interception and disclosure of wire and electronic communications just like any other telephone company or Internet service provider
- Federal Rules of Criminal Procedure Rule 6(e)
- rule governs disclosure of information gathered from a Grand Jury
- section 203 expanded this
Final
edit- Final USA PATRIOT Act H.R.3162.
Hearings
edit- S.Hrg. 107-449 (September 24th, 2001). Senate Select Committee on Intelligence. "S. 1448 THE INTELLIGENCE TO PREVENT TERRORISM ACT OF 2001 AND OTHER LEGISLATIVE PROPOSALS IN THE WAKE OF THE SEPTEMBER 11, 2001 ATTACKS"
- S. Hrg. 107-604 (September 25th, 2001). Senate Committee on the Judiciary. "HOMELAND DEFENCE"
House Judiciary Committee
edit- Oversight of the Patriot Act through letters
- Letter to Ashcroft. June 13, 2001.
Govt programs
edit- Public Safety Officers' Benefits Program
- expedites processing of payments (section 611)
- becomes part of Office of Justice Programs (section 614)
- Regional Information Sharing Systems Program
- part of Omnibus Crime Control and Safe Streets Act of 1968
- see Section 701
Organisations
edit- Federal Bureau of Investigation
- National Crime Information Center database - section 403 gives State Department and INS access to the criminal history information
- Translators - section 205 waives any federal personnel requirements and limitations imposed by any other law in order to expedite the hiring of translators for the FBI
- State Department
- Immigration and Nationality Service
- U.S. Secret Service
- Section 105
- Electronic Crimes Task Force expansion from New York ECTF to other regional areas
- Section 507
- clarifies that the Secret Service can investigate computer crimes
- Section 105
History
edit- September 11, 2001 terrorist attacks
- Combatting Terrorism Act of 2001
- S.A. 1562
- Submitted 13th September 2001
- Congressional record on THOMAS
- Text of amendments on THOMAS
- Public Safety & Cyber Security Enhancement Act
- Proposed 20th September 2001 by Lamar Smith
- H.R. 2915
- Text of legislation
- Intelligence to Prevent Terrorism Act of 2001
- S.1448
- Text of legislation
- Introduced 28th September 2001
- Referred to Senate hearing S.Hrg. 107-449
- Congressional record on THOMAS
- Anti-Terrorism Act of 2001
- Bush administration proposal
- Also discussed in S.Hrg. 107-449
- S. Hrg. 107-604
- September 25th, 2001 before the Senate Committee on the Judiciary
- Financial Anti-Terrorism Act of 2001
- Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001 (title as introduced in the House), later Uniting and Strengthening America (USA) Act (title as passed by House)
- H.R. 2975
- Versions:
- Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001 (introduced in House)
- Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001 (reported in House)
- USA Act of 2001 (engrossed in House)
- USA Act of 2001 (placed on calendar in Senate)
- Congressional debate, 12th October 2001
- Final Vote Results
- USA Act of 2001
- S.1510
- Text of legislation as engrossed in the Senate
- Measure laid before Senate, Congressional Record of debate
- Senate amendments
- S.AMDT.1899, submitted by Senator Russell Feingold. To make amendments to the provision relating to interception of computer trespasser communications. See CR S10570-10575; text: CR S10570. Roll Call vote
- S.AMDT.1900, submitted by Senator Russell Feingold. To limit the roving wiretap authority under FISA. See CR S10575-10577; text: CR S10575. Roll call vote
- S.AMDT.1901, submitted by Senator Russell Feingold. To modify the provisions relating to access to business records under the Foreign Intelligence Surveillance Act of 1978. See CR S10583-10586; text: CR S10583. Roll Call vote
- Indefinitely postponed by Senate by Unanimous Consent. (30th October 2001)
- 50 questions to John Ashcroft on the USA PATRIOT Act
- June 13, 2002
- James Sessenbrenner & John Conyers, Jr
- Response to letter
- June 26, 2002
- Daniel J. Bryant, Assistant Attorney General
- Freedom of Information seeking information not released by House Judiciary Committee to Sessenbrenner to Conyers
- October 25, 2002
- EPIC
- PATRIOT II
- Draft, marked "Confidential"
- EFF analysis
- Leaked to Center for Public Integrity [1]
- Comments Of Senator Patrick Leahy, Ranking Democratic Member, Senate Judiciary Committee, On The Justice Department’s Secrecy In Drafting A Sequel To The USA PATRIOT Act (February 10, 2003)
- ACLU and EPIC v. Department of Justice, Civil Action No. 02-2077
- March 21, 2003
- In this action, Plaintiffs challenge the government's refusal to disclose aggregate, statistical data concerning implementation of controversial new surveillance powers authorizedby Congress in the wake of the terrorist attacks of September 11, 2001. These new powers raise potentially serious implications for constitutionally protected rights and, accordingly, there is widespread public concern about their scope and implementation.
- Plaintiffs filed this litigation after defendant Department of Justice (“DOJ”) failed to respond expeditiously to a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The request sought records related to Defendant’s implementation of the USA PATRIOT Act (“Patriot Act” or “Act”), Pub. L. No. 107-56, 115 Stat. 272 (Oct. 26, 2001), legislation that dramatically expanded the government’s authority to engage in intrusive surveillance of people living in the United States. The records sought are critical to the public’s ability to evaluate the import of the new surveillance powers, to determine whether the government is using the new powers appropriately, to determine whether the new powers should be renewed before they sunset in 2005, and to determine whether the public should support further expansion of the government’s surveillance authority.
- While the DOJ has now released a number of records in response to Plaintiffs’ request, it has asserted that certain responsive records are exempt from disclosure. Defendant moved for summary judgment by motions filed on January 24 and March 7. Plaintiffs now oppose Defendant’s motion for summary judgment and cross-move for summa[ry judgment on the ground that Defendant has failed to meet its burden under the FOIA to withhold the disputed records.
- March 21, 2003
- On November 26, 2002, U.S. District Judge Ellen Huvelle ordered the Justice Department to complete its processing of the EPIC/ACLU information request by January 15, 2003. [2]
- Attorney General Ashcroft gives two speeches in defence of the Partiot Act
- Speech 1 (August 19, 2003). American Enterprise Institute, Washington DC.
- Speech 2 (September 9, 2003). New York City.
- Security and Freedom Ensured Act (SAFE)
- S.1709
- Text of legislation
- CRS Summary
- Congressional record Page S12377-12387 (introduced Senate October 2, 2003)
- Congressional record Page S3903-3905 (sponsor introduced remarks on measure, April 7, 2004)
- Introduced October 2, 2003
- Introduced by Senator Larry Craig
- Federal Court strikes down section 805
- U.S. District Court Judge Audrey Collins delivered verdict
- Filed by Humanitarian Law Project on behalf of plaintiffs who sought to provide assistance to Kurdish refugees living in Turkey.
- Sources
- Frieden, Terry (January 27, 2004). "Federal judge rules part of Patriot Act unconstitutional". Law Center. CNN. Retrieved 2007-07-24.
- "Key Patriot Act provision ruled unconstitutional under the First Amendment" (Press release). Humanitarian Law Project. January 26, 2004. Retrieved 2007-07-24.
- Humanitarian Law Project et al. v. John Ashcroft - see Humanitarian Law Project or Findlaw
- American Civil Liberties Union v. Ashcroft (2004)
- ACLU v. Ashcroft
- April 9, 2005
- George W. Bush urges Congress to renew the Patriot Act
- State of the Union address
- January 20, 2004
- AG Ashcroft writes letter to Congress warning not to tinker with Patriot Act
- Sources
- Decian, McUllagh (January 29, 2004). "Ashcroft says surveillance powers should stand". CNET News.com. Retrieved 2007-07-24.
- "Ashcroft warns of Bush veto on scaled-back Patriot bill". CNN. January 29, 2004. Retrieved 2007-07-24.
- Sources
Reauthorization
edit- Zetter, Kim (February 24th, 2004). "The Patriot Act Is Your Friend". Politics : Law. Wired.
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(help) - Zuckman, Jill (November 18th, 2005). "Patriot Act reauthorization stalls".
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ignored (help) - Babington, Charles (November 19, 2005). "Lawmakers at Impasse On Patriot Act Renewal". Nation, Special Reports, Homeland Security. Washington Post. p. A02.
- McCullagh, Declan (December 22, 2005). "Patriot Act will be extended for 6 months". NewsBlog. news.com.
- "Patriot Act rush job". Editorial. San Francisco Chronicle. November 18, 2005.
- "Patriotic bipartisanship". Editorial. The Boston Globe. November 18th, 2005.
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(help) - "Bipartisan group deals blow to extension of Patriot Act". Nation and World. The Seattle Times. November 19, 2005.
- "Tailor the Patriot Act". Editorial pages. The Washington Post. November 19th, 2005. p. A24.
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(help) - "House approves renewal of the Patriot Act". Wikinews. March 7, 2006.
- "Bush declares immunity from Patriot Act oversight". Wikinews. March 24, 2006.
- "President Bush to limit congressional oversight in PATRIOT amendment act". Wikinews. April 2, 2006.
- "U.S. House votes to renew expiring Patriot Act". Wikinews. July 22, 2005.
- 6 Senators speak out about the Patriot Act
- ABA letter on reauthorization
Later
edit- "U.S. Justice Department says FBI misused Patriot Act". Wikinews. March 9, 2007.
Controversy
edit- Locy, Toni (26th February, 2007). "Patriot Act blurred in the public mind". USA Today.
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(help)- TV scriptwriters are taking literary license with the act by casting it as the latest interrogation-room weapon for fictional cops. On shows such as CBS' Navy NCIS and NBC's Las Vegas, bad guys have been coerced into cooperating by threats that they would be held under the Patriot Act as "enemy combatants" at the U.S. military base in Cuba, without access to a lawyer. In real life, the U.S. government is holding 650 suspected al-Qaeda and Taliban operatives at the base at Guantanamo Bay.
- Barbara Bailey, the director of the Welles-Turner Library, said she had not read the Patriot Act. "Reading it is like reading your way through a bureaucratic maze," she said. "I get the sense people don't really understand the Patriot Act, but it sounds bad, like Big Brother is trying to get you." Attorney General Richard Blumenthal also has been consistently asked to participate in forums on the Patriot Act. "The Patriot Act is a complex, big document with provisions that vary in novelty and complexity, so naturally people may not understand all of it and may have misconceptions about it," he said. "I'm generally an advocate of law enforcement. It's part of my job, and I'm invited to be a proponent or supporter. That's the role I readily accept, but I'm not necessarily a supporter of every single provision in the Patriot Act, and I've taken the position to improve it."
- http://writ.news.findlaw.com/commentary/20011005_ramasastry.html