Patriot Act
The Patriot Act, formally known as Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act and generally known as USA PATRIOT Act, authorized greater powers for law enforcement and surveillance.
Contents
Description
The Patriot Act's Title II amended FISA to lighten the burden of proof; foreign intelligence information must be a significant intent of surveillance (not the intent) and a target does not have to be proven to be a non-citizen. The types of allowable surveillance are also expanded. The types of warrants are also expanded, for example to include delayed notice warrants (often called sneak and peak warrants) and roving warrants (which automatically transfer the targets of a warrant, e.g. as an individual moves between telecommunications networks).
Title III expanded legal definitions of money laundering, as established in the Money Laundering Control Act (MLCA) of 1986 and the Bank Secrecy Act (BSA) of 1970. Banks are required to collect information about the beneficiaries of accounts; the Treasury is charged with coordinating use of this information for sanctions and prosecutions.
Title IV amended the Immigration and Nationality Act (INA) of 1952 to expand restrictions against terrorists (e.g., to include associates). It also authorizes effectively indefinite detention of non-citizens. (Authorizations technically expire and require renewal.)
Title V authorized the use of National Security Letters (NSLs) which were simultaneous subpoenas and gag orders, ordering individuals or firms to covertly supply information. This was primarily used by agents of the FBI, but also by the CIA and DOD.
History
The Patriot Act was largely a response to the September 11th terrorist attacks in New York City. It passed in late 2001 with bipartisan support in the House and almost unanimously in the Senate (with only Feingold voting against). The Bush administration enthusiastically implemented it.
Most provisions were designed to sunset in 2005. Many provisions were temporarily or permanently, partially or entirely, extended by later laws. See the USA FREEDOM Act for example.
The act finally, effectively sunset in December 2020.