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An overview of the patriot act of the united states

Enhancing domestic security against terrorism[ edit ] Main article: Patriot Act, Title I Title I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with the President 's authority and abilities in cases of terrorism.

The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. 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. It originally included "the prayer of Cardinal Theodore McCarrickthe Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.

Surveillance procedures[ edit ] Main article: Patriot Act, Title II Title II is titled "Enhanced Surveillance Procedures", and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. In particular, the title allows government agencies to gather "foreign intelligence information" from both U.

  1. Very important expansion of service provider immunity for compliance with FISA. 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.
  2. Terrorism criminal law[ edit ].
  3. Thus, the act now allows federal officers who acquire information through electronic surveillance or physical searches to consult with federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.

Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U. Those who operate or own a "protected computer" can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute.

The law governing obligatory and voluntary disclosure of customer communications by cable companies was altered to allow agencies to demand such communications under U. Title 18 provisions relating to the disclosure of electronic communications chapter 119pen registers and trap and trace devices chapter 206 and stored communications 121though it excluded the disclosure of cable subscriber viewing habits. IP addressespayment method and bank account and credit card numbers.

The so-called "sneak and peek" law allowed for delayed notification of the execution of search warrants.

USA PATRIOT Act

The period before which the FBI must notify the recipients of the order was unspecified in the Act—the FBI field manual says that it is a "flexible standard" [28] —and it may be extended at the court's discretion.

The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones, [32] while opponents see it as violating the particularity clause of the Fourth Amendment.

The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.

Anti-money-laundering to prevent terrorism[ edit ] Main article: It was divided into three subtitles, with the first dealing primarily with strengthening banking rules against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding recordkeeping and reporting requirements.

The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency. The first subtitle tightened the recordkeeping requirements for financial institutions, making them an overview of the patriot act of the united states the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.

It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts. Treasury was charged with formulating regulations intended to foster information sharing between financial institutions to prevent money-laundering.

Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U. It also prohibits or restricts the use of certain accounts held at financial institutions.

It is expected that additional scrutiny will be applied by the U. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption.

  • Merrill "implicates serious issues, both with respect to the First Amendment and accountability of the government to the people;
  • Summary of Title X:

Thus any restraining orderseizure warrant or arrest warrant may be made against the funds in the interbank account held at a U. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts.

The definition of money laundering was expanded to include making a financial transaction in the U. Attorney General [55] and the smuggling of any item controlled under the Export Administration Regulations. An official or employee of the government who acts corruptly—as well as the person who induces the corrupt act—in the an overview of the patriot act of the united states out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question.

Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to an overview of the patriot act of the united states institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. One amendment made to the BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U.

National reserve bank and allowing the Board to delegate this authority to U. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.

Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering.

Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense.

The penalty for such an offense is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant. Penalties were increased to 20 years imprisonment. Border security[ edit ] Main article: Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.

Under Subtitle C, various definitions relating to terrorism were altered and expanded. This restriction also included the family of such aliens. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities.

Such assistance includes affording material support, including a safe housetransportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons including chemicalbiologicalor radiological weaponsexplosives, or training to perform the terrorist act.

These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after the alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law.

Every six months the alien may apply, in writing, for the certification to be reconsidered. 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. They also found that the U. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry.

They also wanted the system to be able to interface with existing law enforcement databases. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State.

The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports. Removing obstacles to investigating terrorism[ edit ] Main article: Thus, the act now allows federal officers who acquire information through electronic surveillance or physical searches to consult with federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.

Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed].

It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag orderpreventing the recipient of the letter from disclosing that the letter was an overview of the patriot act of the united states issued. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional not to allow a client to inform their Attorney as to the order because of the gag provision of the letters.

The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in a meaningful judicial review of these gags. On August 28, 2015, Judge Victor Marrero of the federal district court in Manhattan ruled the gag order of Nicholas Merrill was unjustified. In his decision, Judge Marrero described the FBI's position as, "extreme and overly broad," affirming that "courts cannot, consistent with the First Amendment, simply accept the Government's assertions that disclosure would implicate and create a risk.

Merrill "implicates serious issues, both with respect to the First Amendment and accountability of the government to the people. The FBI was given 90 days to pursue any other alternative course of action but elected not to do so. 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. Through the court documents, it was revealed for the first time that through an NSL, the FBI believes it can legally obtain information including an individual's complete web browsing historythe IP addresses of everyone a person has corresponded with, and all the records of all online purchases within the last 180 days.

In the landmark case of Nicholas Merrill the FBI in specific sought to seek the following information on an account: This was the first time it was revealed the extent to which an NSL under the Patriot Act could request communication information. Victims and families of victims of terrorism[ edit ] Main article: Victims of Crime Fund was managed and funded, improving the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers injured or killed in the line of duty.

  • Agents also could obtain wiretaps to investigate some, but not all, of the crimes that terrorists often commit;
  • Attorney General [55] and the smuggling of any item controlled under the Export Administration Regulations;
  • Merrill "implicates serious issues, both with respect to the First Amendment and accountability of the government to the people.

Payments must be made no later than 30 days later. A program can provide compensation to U. Means testing was also waived for those who apply for compensation.

Summary and Analysis of Key Sections of USA PATRIOT ACT of 2001

The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism. Increased information sharing for critical infrastructure protection[ edit ] Main article: The purpose of this title is to increase the ability of U.

It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity. Terrorism criminal law[ edit ].