This prosecution involved members of the Dar al-Arqam Islamic Center, who trained for jihad in Northern Virginia by participating in paintball and paramilitary training, including eight individuals who traveled to terrorist training camps in Pakistan or Afghanistan between and These individuals are associates of a violent Islamic extremist group known as Lashkar-e-Taiba LET , which operates in Pakistan and Kashmir, and that has ties to the al Qaeda terrorist network.
Section summary of the Patriot Act, Title II
As the result of an investigation that included the use of information obtained through FISA, prosecutors were able to bring charges against these individuals. Six of the defendants have pleaded guilty, and three were convicted in March of charges including conspiracy to levy war against the United States and conspiracy to provide material support to the Taliban. These nine defendants received sentences ranging from a prison term of four years to life imprisonment.
- Bland Encounter?
- Lessons From Lifes Journey (My Thoughts Book 2).
- History of the Patriot Act.
- What Is the Patriot Act?.
The Patriot Act updated the law to reflect new technologies and new threats. The Act brought the law up to date with current technology, so we no longer have to fight a digital-age battle with antique weapons-legal authorities leftover from the era of rotary telephones. When investigating the murder of Wall Street Journal reporter Daniel Pearl, for example, law enforcement used one of the Act's new authorities to use high-tech means to identify and locate some of the killers.
Allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
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Before the Patriot Act, law enforcement personnel were required to obtain a search warrant in the district where they intended to conduct a search. However, modern terrorism investigations often span a number of districts, and officers therefore had to obtain multiple warrants in multiple jurisdictions, creating unnecessary delays.
The Act provides that warrants can be obtained in any district in which terrorism-related activities occurred, regardless of where they will be executed. This provision does not change the standards governing the availability of a search warrant, but streamlines the search-warrant process. Allows victims of computer hacking to request law enforcement assistance in monitoring the "trespassers" on their computers. This change made the law technology-neutral; it placed electronic trespassers on the same footing as physical trespassers.
Now, hacking victims can seek law enforcement assistance to combat hackers, just as burglary victims have been able to invite officers into their homes to catch burglars. The Patriot Act increased the penalties for those who commit terrorist crimes. Americans are threatened as much by the terrorist who pays for a bomb as by the one who pushes the button.
That's why the Patriot Act imposed tough new penalties on those who commit and support terrorist operations, both at home and abroad. In particular, the Act: Prohibits the harboring of terrorists.
The New York Times. Surveillance Under the Patriot Act. Preserving Life and Liberty. Department of Justice Website. House of Representatives Judiciary Committee. The American Presidency Project. We strive for accuracy and fairness. But if you see something that doesn't look right, contact us! Subscribe for fascinating stories connecting the past to the present. On this day in , President George W.
Bush signs the Patriot Act, an anti-terrorism law drawn up in response to the attacks on the Pentagon and World Trade Center on September 11, Dodd-Frank put regulations on the The Tea Act of was one of several measures imposed on the American colonists by the heavily indebted British government in the decade leading up to the American Revolutionary War The Townshend Acts were a series of measures, passed by the British Parliament in , that taxed goods imported to the American colonies.
But American colonists, who had no representation in Parliament, saw it as an abuse of power. The British sent troops to America to enforce Section Modification of authorities relating to use of pen registers and trap and trace devices deals with three specific areas with regards to pen registers and trap and trace devices: Along with gathering information for dialup communications, it allows for gathering routing and other addressing information.
Patriot Act - HISTORY
It is specifically limited to this information: However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs , can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones. It also details that an order may be applied for ex parte without the party it is made against present, which in itself is not unusual for search warrants , and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance.
If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual. If a pen register or trap and trace device is used on a packet-switched data network , then the agency doing surveillance must keep a detailed log containing:. This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device.
This must be done within 30 days after termination of the order. Orders must now include the following information: This section amended the non-disclosure requirements of 18 U. Before this it had only applied to the person owning or leasing the line.
The following terms were redefined in the US Code's chapter which solely deals with pen registers and trap and trace devices:. Section Interception of computer trespasser communications firstly defines the following terms:. Amendments were made to 18 U. Section Foreign intelligence information amended 50 U.
Mary DeRosa , in The Patriot Debates , explained that the reason behind this was to remove a legal "wall" which arose when criminal and foreign intelligence overlapped. This was because the U. Department of Justice interpreted "the purpose" of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says "was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases". However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that "the Department of Justice argued to the FISA Court of Review in that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section somewhat murky.
Section Single-jurisdiction search warrants for terrorism amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district. Section Nationwide service of search warrants for electronic evidence gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance.
However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction. In amending Title IX, section of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:. Section Assistance to law enforcement agencies states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act.
It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.
Section Civil liability for certain unauthorized disclosures excluded the United States from such civil action. If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter of the U. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them.
If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. A citizen's rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U. Section , "Civil actions against the United States". It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter , chapter , or sections a , a , or a of FISA.
Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act. Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation.
All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case.
The plaintiff is then given an opportunity to make a submission to the court, not ex parte , and the court may request further information from either party. If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States.
In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this "where such disclosure is necessary to make an accurate determination of the legality of the surveillance". However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter of the U. Code they will request an internal review from that agency or department. Section Sunset is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, , with the exception of the below sections. However, on December 22, , the sunset clause expiration date was extended to February 3, , and then on February 2, it was further extended to March