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- Signed into law less than two after 9/11, it expanded the rights of law enforcement and intelligence agencies in the U.S., leading to an unprecedented level of data collection on American citizens and laying the groundwork for Edward Snowden's revelations 12 years later.
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To strengthen measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officials and facilitate repatriation of stolen assets to the citizens of countries to whom such assets belong. Below is a brief, non-comprehensive overview of the sections of the USA PATRIOT Act that may affect financial institutions.
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USA PATRIOT Act, U.S. legislation, passed by Congress in response to the September 11, 2001, terrorist attacks and signed into law by Pres. George W. Bush in October 2001, that significantly expanded the search and surveillance powers of federal law-enforcement and intelligence agencies. The USA PATRIOT Act, as amended and reauthorized from 2003, m...
In the wake of the September 11 attacks, the Bush administration submitted to Congress draft legislation designed to expand the powers of the government to surveil, investigate, and detain suspected terrorists. The eventual Senate bill, the Uniting and Strengthening America (USA) Act, was passed (96–1) on October 11. The House measure, which includ...
Some key provisions of the legislation consisted of amendments to the Wiretap Act (1968; amended 1986 and 1994), which had prohibited eavesdropping by the government on private face-to-face, telephone, and electronic communications except as authorized by court order in narrowly defined circumstances in cases of serious crimes. Sections 201 and 202 of the USA PATRIOT Act added computer and terrorist crimes to the list of serious offenses in connection with which law-enforcement officials could seek a court order to conduct eavesdropping. Section 209 established that voice mail was not entitled to the same protections that governed telephone conversations but only to the weaker safeguards applicable to telephone records and e-mail stored with third parties (usually an Internet service provider). In Section 210 the act added individual subscribers’ credit card or bank account numbers to records that could be obtained from a communication services provider through a subpoena.
Section 216 permitted the use of trap-and-trace devices and pen registers—which record the source and destination, respectively, of calls made to and from a particular telephone—to monitor electronic communications, understood to include e-mail and Web browsing. Court orders for such surveillance did not require probable cause (a showing of facts that would lead a reasonable person to believe that the surveillance would be likely to uncover evidence of criminal activity by the target) but only a certification by the government that the information sought was likely to be relevant to a criminal investigation.
To facilitate cooperation between law-enforcement and intelligence agencies in cases involving terrorism, Section 203 allowed government attorneys to disclose matters before a federal grand jury (whose investigations are generally secret) to “any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official” when such matters concerned “foreign intelligence or counterintelligence.” Section 213 authorized so-called “sneak and peek” searches, in which notification of the target is delayed until after the search has been executed. (The length of the delay must be “reasonable” but could be extended indefinitely for “good cause shown.”)
Other provisions of the act made changes to the operation of the Foreign Intelligence Surveillance Court (FISC), which was established by the 1978 Foreign Intelligence Surveillance Act (FISA) to authorize electronic surveillance (and later physical searches) targeting foreign powers or their agents. Section 218 removed the requirement that the government certify in its applications for surveillance authority that “the” purpose of the surveillance was to collect foreign intelligence information. Instead, it was sufficient that the government state that collecting such information was “a significant purpose.” In other changes, Section 215 removed a FISA provision that limited the types of records that the government, with a FISA court order, could require certain businesses to produce, replacing it with a general authority to demand “any tangible things” of any third party, including “books, records, papers, documents, and other items.” This section also imposed a gag order that generally prohibited third parties from disclosing the fact that the Federal Bureau of Investigation (FBI) had sought or obtained such things.
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Mar 19, 2020 · The USA PATRIOT Act was a direct response to the Sept. 11, 2001 terrorist attacks on the U.S. Signed into law less than two after 9/11, it expanded the rights of law enforcement and intelligence agencies in the U.S., leading to an unprecedented level of data collection on American citizens and laying the groundwork for Edward Snowden's ...
Apr 15, 2002 · Congress passed the USA PATRIOT Act (the Act) in response to the terrorists’ attacks of September 11, 2001. 1 The Act gives federal officials greater authority to track and intercept communications, both for law enforcement and foreign intelligence gathering purposes.
The Patriot Act was enacted in direct response to the September 11 attacks on the World Trade Center in New York City and The Pentagon in Arlington County, Virginia, and the 2001 anthrax attacks, with the stated goal of dramatically strengthening national security.
The Patriot Act prohibits Americans who receive NSLs from telling anyone. These gag order provisions have been held unconstitutional in several legal cases. Between 2003 and 2005, the FBI made 53 reported criminal referrals to prosecutors as a result of 143,074 NSLs.
Section 209 permits law enforcement officers to seize voice mail with a search warrant rather than a surveillance, or Title III, order. Section 209 provides a very good example of how the USA...
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