Stephanie_Patriot Act Synopsis

7/31/2019 Stephanie_Patriot Act Synopsis

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THE USA-PATRIOT ACTSYNOPSIS

Extra Credit Assignment

Stephanie Ortega

Professor: WhitakerCourse: CJU 232

Date :06/14/2012


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USA-Patriot Act:Basics

Uniting and Strengthening America byProviding Appropriate Tools Required toIntercept and Obstruct Terrorism Acts

Signed into law on October 26, 2001

One of the longest pieces of emergencylegislation passed in one of the shortest

periods of time in American history


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Some of the Major Provisions

Court subpoena no longer needed for ISPs to give

information

Computer crimes are now terrorist offenses

ISPs have to give up more user information

Court orders no longer needed for monitoringsuspects in computer crimes cases

Appends the Computer Fraud and Abuse Act

Major changes at Libraries in the U.S. Development of electronic crime task force within the

U.S. Secret Service

Implementation of the Carnivore Tracking Device


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The Right to Privacy

Not expressly given in the Constitution

Fourth Amendment is a compelling argumentfor privacy because it guarantees the right to

be secure in ones own person, house, andpapers

Fifth Amendment protects people from

divulging certain information Ninth Amendment grants rights not expressly

given in the Constitution


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The Right to Search only withProbable Cause

Email interception has been treated in theUSAPA as similar to wiretapping

Fourth Amendment requires probable cause

for the issue of a warrant In Katz vs. U.S. 1967, the Supreme Court

stated that the Fourth Amendment protects

people, not places. What a person seeks tokeep private is constitutionally protected(phone conversations included)


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Definition of Terrorism

Domestic terrorism involve acts dangerous tohuman life that are a violation of the criminal laws ofthe United States or of any State; appear to beintended to intimidate or coerce a civilian population;

to influence the policy of a government by intimidationor coercion; or to affect the conduct of a governmentby mass destruction, assassination, or kidnapping;and occur primarily within the territorial jurisdiction of

the United States.


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Title I: Enhancing DomesticSecurity Against Terrorism

Section 103: Increased funding for theTechnical Support Center

Addition to established funding for section 811 of

the Antiterrorism and Effective Death Penalty Actof 1996

$200,000,000 addition each year for 2002-2004


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Title I: Enhancing DomesticSecurity Against Terrorism

Section 105: Expansion of National ElectronicCrime Task Force Initiative

Director of US Secret Service shall create nationaltask force on the New York Electronic Crimes TaskForce model

Operate throughout the United States

For the purpose of preventing, detecting andinvestigating various forms of electronic crimes.


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Overview of Title II: EnhancedSurveillance Procedures

Sharing of Information Law enforcement with federal agencies

Obtaining Records FERPA (507 of Title V)

FISA

ECPA

Rewording to Include ElectronicCommunications routing, network addresses, signaling


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Overview of Title II: EnhancedSurveillance Procedures

Computer Trespass

Deputizing owners and operators of IT

New Access

Rubber Stamp and National Service for Subpoenas

Compensations

FBI compensate ISP

Civil actions for computer abuse over $5,000 (814 ofTitle VIII).


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Family Education Records andPrivacy Act

Originally passed in 1974, subseq. amended

Historical foundation in anti-war protestsprotection for students records, transparency

and access of those records for the individualstudent

Recognize shift from in loco parentis

Already existing health and safety exception for

the individual student


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Family Education Rights andPrivacy Act, 507 of Title V

Patriot Act amends to permit educationalinstitutions to disclose educational records tofederal law enforcement officials without studentconsent: If a U.S. Assistant Attorney General, or similarly

ranked official, obtains a court order relevant toterrorism investigation

Institution is not liable, and need not maintain a record

of the transaction Distinct from the health and safety already existing

exception directed to health and safety of others.


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Foreign Intelligence Surveillance Act1978

Early recognition, if not prescience, about thepotential for terrorist activities on American soilor affecting American interests internationally

Foreign relations exception to the legislativedirections towards privacy as a result of theChurch Committee and reflected in acts such asFreedom of Information Act and Family

Educational Records Privacy Act


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Patriot Act: Section 501Amendments of FISA

Business Records

FBI can seize with a court order certain businessrecords pursuant to an investigation of international

terrorism or other clandestine intelligence activities Prohibits record keeper to disclosure FBI action to

anyone other than those persons necessary to

produce the tangible things under this section

Investigation not to be conducted of a United Statesperson solely upon the basis of activities protected bythe first amendment


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Required Disclosure: Voice Mail209 Patriot Act/2703

Pre-Patriot Act

Obtainable only through highest level of courtorder corresponding to transmission(real time) of

communications Like telephone wiretap order

Post Patriot

Now obtainable like any e-mail

Still with court order, but lower standard


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Nation-Wide Service for ElectronicSearch Warrants

Creates a national subpoena obtainable from

magistrates in federal district courts which canbe extended to any other jurisdiction

i.e. if FBI in Washington want something inCalifornia, they can apply for warrant inWashington federal court and have it apply toCalifornia.


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Areas of Potential Abuse and/orConcern

Federalism National service

Case law definitions Public Emergency

Color of law Network Addresses, Routing, Customer

Information

Deputized Owner Computer Trespass Policy and Procedure


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What Must Be Done?

Work together to address crime and terrorism

Maintain free speech and inquiry

Hold forth on our constitutional protections

Import that sensibility of constitutionalprotections and due process into internalpolicies and procedures

Watch and react politically depending on how

this legislation makes its way into the daily life ofAmerican society

Documents

Stephanie_Patriot Act Synopsis