The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under , which deals with fraud and related activity in connection with access devices. === Title IV: Border security === Title IV of the Patriot Act amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the U.S.
The State Department Basic Authorities Act of 1956 was amended to allow the U.S.
It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity. === Title VIII: Terrorism criminal law === Title VIII alters the definitions of terrorism and establishes or re-defines rules with which to deal with it.
It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA).
This was the first time it was revealed the extent to which an NSL under the Patriot Act could request communication information. === Title VI: Victims and families of victims of terrorism === Title VI amended the Victims of Crime Act of 1984 (VOCA) to change how the U.S.
It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA).
Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
This report was released on November 13, 2002; however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998." This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002. Under Subtitle B, various definitions relating to terrorism were altered and expanded.
Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000.
On October 23, 2001, U.S.
The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D-IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form.
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001: An Analysis.
1271) ("An expert analysis of the significant changes in the new USA Patriot Act of 2001 [which]...track[s] the legislation by section, explaining both the changes and their potential impact with respect to: enhanced surveillance procedures;money laundering and financial crimes; protecting the border; investigation of terrorism; information sharing among federal and state authorities; enhanced criminal laws and penalties for terrorism offenses, and more.") Michaels, C.
Bush administration controversies Political repression in the United States Privacy law in the United States Terrorism laws in the United States United States federal criminal legislation United States federal defense and national security legislation October 2001 events in the United States
This report was released on November 13, 2002; however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998." This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002. Under Subtitle B, various definitions relating to terrorism were altered and expanded.
It was due by February 1, 2002; however, it was never written.
(a member of the LexisNexis Group), 2002.
In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting.
As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used. However, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech.
"He was indicted in February 2003 on 17 counts under the Patriot Act.
Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities. One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance." In 2004, after the Humanitarian Law Project filed a civil action against the U.S.
In 2004 a Federal District Court struck the provision down as unconstitutionally vague, but in 2010 the Supreme Court reversed that decision. Perhaps one of the biggest controversies involved the use of National Security Letters (NSLs) by the FBI.
In April 2004, they filed suit against the government on behalf of an unknown internet service provider who had been issued an NSL, for reasons unknown.
Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, "once information is sent across borders, it's difficult, if not impossible, to control". In an effort to maintain their privacy, British Columbia placed amendments on the Freedom of Information and Protection of Privacy Act (FOIPPA), which was enacted as law on October 21, 2004.
This bill reauthorized some, but not all, provisions of the original USA PATRIOT Act, as well as the newer Intelligence Reform and Terrorism Prevention Act of 2004.
The "lone wolf terrorist" provision (Section 207) was a sunset provision that also was to have expired; however, this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004.
New York, NY: Routledge, 2004.
Common Courage Press, 2004.
Since its passage, several court challenges have been brought against the act, and federal courts have ruled that a number of provisions are unconstitutional. Many of the act's provisions were set to expire on December 31, 2005, approximately four years after its enactment.
In July 2005, the U.S.
In a resolution passed on June 29, 2005, they stated that "Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity." However, the ALA's stance did not go without criticism.
In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting.
Although FBI officials have a series of internal "checks and balances" that must be met before the issue of an NSL, Federal Judge Victor Marrero ruled the NSL provisions unconstitutional. In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses.
The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by Congress in July 2005.
Peter Lang Publishing, 2005.
Algora Publishing, Completely Updated for 2005.
25, Summer 2005 Acts of the 107th United States Congress Articles containing video clips Emergency laws George W.
In May 2006, the government finally gave up its legal battle to maintain the gag order.
The second reauthorization act, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006. The first act reauthorized all but two Title II provisions.
Paris: Lignes, 2006.
These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007, after a Portland attorney, Brandon Mayfield, was wrongly jailed because of the searches.
US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program. The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under for each fiscal year until September 30, 2007.
The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional. Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order. However, in 2007, the U.S.
On September 26, 2007, Judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment. Laws governing the material support of terrorism proved contentious.
On November 15, 2007, the government of Nova Scotia passed a legislation aimed to protect Nova Scotians' personal information from being brought forward by the USA PATRIOT Act.
He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007." However, instead of releasing him, "He was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.
In September 2007 an Oregon US District Court struck down the Sneak and Peak provisions of the USA PATRIOT ACT, but in December 2009 the Ninth Circuit overturned this decision. The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.
(Covers all ten titles of the USA PATRIOT Act; Includes review and analysis of: Homeland Security Act, "PATRIOT Act II," Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions, "National Strategy" documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the "war on terrorism.") Phelan, James Clancy; PATRIOT ACT, Hachette, ; 2007. Van Bergen, Jennifer.
The Impact of USA Patriot Act on American Society: An Evidence Based Assessment (N.Y.: Nova Press, 2007) (In print) Wong, Kam C.
The Making of USA Patriot Act: Legislation, Implementation, Impact'' (Beijing: China Law Press, 2007) (In print) == External links == "The USA PATRIOT Act", the full text H.R.
He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007." However, instead of releasing him, "He was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.
The charges were dropped in 2009. Another example of controversy in the Patriot Act is the 2012 court case United States v.
Two sections were changed to sunset on December 31, 2009: section 206—the roving wiretap provision—and section 215, which allowed access to business records under FISA.
In September 2007 an Oregon US District Court struck down the Sneak and Peak provisions of the USA PATRIOT ACT, but in December 2009 the Ninth Circuit overturned this decision. The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.
The reauthorization act extended the expiration date to December 31, 2009.
government, a Federal District Court struck this down as unconstitutionally vague; but in 2010 the Supreme Court upheld it. Congress later improved the law by defining the definitions of the "material support or resources," "training," and "expert advise or resources." Cyberterrorism was dealt with in various ways.
In 2010 she wrote a book called Extreme Prejudice: The Terrifying Story of the Patriot Act and the Cover-Ups of 9/11 and Iraq to that effect.
In 2004 a Federal District Court struck the provision down as unconstitutionally vague, but in 2010 the Supreme Court reversed that decision. Perhaps one of the biggest controversies involved the use of National Security Letters (NSLs) by the FBI.
citizen engaged in terrorism who may not be part of a recognized terrorist group). In a vote on February 8, 2011, the House of Representatives considered a further extension of the Act through the end of 2011.
Without an extension, the Act was set to expire on February 28, 2011.
The FISA Sunsets Extension Act of 2011 was signed into law February 25, 2011. On May 26, 2011, President Barack Obama used an Autopen to sign the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act while he was in France: 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.
Oxford University Press, 2011.
The charges were dropped in 2009. Another example of controversy in the Patriot Act is the 2012 court case United States v.
2 May 2012. == Further reading == === Law review articles === Chesney, Robert M.
He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007." However, instead of releasing him, "He was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.
The USA Freedom Act, which became law on June 2, 2015, reenacted these expired sections through 2019.
On August 28, 2015, Judge Victor Marrero of the federal district court in Manhattan ruled the gag order of Nicholas Merrill was unjustified.
Upon release of the unredacted ruling on November 30, 2015, it was revealed for the first time the extent to which the FBI's NSL accompanied by a gag order sought to collect information.
He was deported to Turkey on February 4, 2015. == Reauthorizations == The USA PATRIOT Act was reauthorized by three bills.
The USA Freedom Act, which became law on June 2, 2015, reenacted these expired sections through 2019.
Instead, phone companies will retain the data and the NSA can obtain information about targeted individuals with a federal search warrant. In November 2019, the renewal of the Patriot Act was included in the stop-gap legislation The expired provisions required renewal by March 15, 2020.
A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists. The Trump administration delivered a letter to Congress in August 2019 urging them to make permanent three surveillance provisions of the Patriot Act.
The provisions included section 215, which enables domestic call-record collection as well as the collection of other types of business records. In November 2019, the House approved a three-month extension of the Patriot Act which would have expired on December 15, 2019.
Instead, phone companies will retain the data and the NSA can obtain information about targeted individuals with a federal search warrant. In November 2019, the renewal of the Patriot Act was included in the stop-gap legislation The expired provisions required renewal by March 15, 2020.
The Senate passed a 77-day extension in March 2020, but the House of Representatives did not pass the legislation before departing for recess on March 27, 2020. == Titles == === Title I: Enhancing domestic security against terrorism === Title I of the Patriot Act authorizes measures to enhance the ability of domestic security services to prevent terrorism.
Representative Justin Amash (Independent) submitted an amendment to remove the Patriot Act provisions, but it was defeated by the House Rules committee. On March 10, 2020, Jerry Nadler proposed a bill to reauthorize the Patriot Act, and it was then approved by the majority of US House of Representatives after 152 Democrats joined the GOP in supporting the extension.
The surveillance powers of the Patriot Act needed renewal by March 15, 2020, and after it expired, the U.S.
(New York: Little A, 2020.) A fiction exploration of the effect an NSA-FBI investigation has on the family of a young man who has gone missing in Pakistan.
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