Patriot Act 2 - section by section
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Interested Persons Memo: Section-by-Section Analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "PATRIOT Act II" (2/14/2003)
To: Interested Persons
From: Timothy H. Edgar, Legislative Counsel
Date: February 14, 2003
Re: Section-by-Section Analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "Patriot Act II"
The Department of Justice (DOJ) has been drafting comprehensive anti-terrorism legislation for the past several months. The draft legislation, dated January 9, 2003, grants sweeping powers to the government, eliminating or weakening many of the checks and balances that remained on government surveillance, wiretapping, detention and criminal prosecution even after passage of the USA PATRIOT Act, Pub. L. No. 107-56, in 2001.
Among its most severe problems, the bill
Diminishes personal privacy by removing checks on government power, specifically by
Making it easier for the government to initiate surveillance and wiretapping of U.S. citizens under the authority of the shadowy, top-secret Foreign Intelligence Surveillance Court. (Sections 101, 102 and 107)
Permitting the government, under certain circumstances, to bypass the Foreign Intelligence Surveillance Court altogether and conduct warrantless wiretaps and searches. (Sections 103 and 104)
Sheltering federal agents engaged in illegal surveillance without a court order from criminal prosecution if they are following orders of high Executive Branch officials. (Section 106)
Creating a new category of "domestic security surveillance" that permits electronic eavesdropping of entirely domestic activity under looser standards than are provided for ordinary criminal surveillance under Title III. (Section 122)
Using an overbroad definition of terrorism that could cover some protest tactics such as those used by Operation Rescue or protesters at Vieques Island, Puerto Rico as a new predicate for criminal wiretapping and other electronic surveillance. (Sections 120 and 121)
Providing for general surveillance orders covering multiple functions of high tech devices, and by further expanding pen register and trap and trace authority for intelligence surveillance of United States citizens and lawful permanent residents. (Sections 107 and 124)
Creating a new, separate crime of using encryption technology that could add five years to any sentence for crimes committed with a computer. (Section 404)
Expanding nationwide search warrants so they do not have to meet even the broad definition of terrorism in the USA PATRIOT Act. (Section 125)
Giving the government secret access to credit reports without consent and without judicial process. (Section 126)
Enhancing the government's ability to obtain sensitive information without prior judicial approval by creating administrative subpoenas and providing new penalties for failure to comply with written demands for records. (Sections 128 and 129)
Allowing for the sampling and cataloguing of innocent Americans' genetic information without court order and without consent. (Sections 301-306)
Permitting, without any connection to anti-terrorism efforts, sensitive personal information about U.S. citizens to be shared with local and state law enforcement. (Section 311)
Terminating court-approved limits on police spying, which were initially put in place to prevent McCarthy-style law enforcement persecution based on political or religious affiliation. (Section 312)
Permitting searches, wiretaps and surveillance of United States citizens on behalf of foreign governments - including dictatorships and human rights abusers - in the absence of Senate-approved treaties. (Sections 321-22)
Diminishes public accountability by increasing government secrecy; specifically, by
Authorizing secret arrests in immigration and other cases, such as material witness warrants, where the detained person is not criminally charged. (Section 201)
Threatening public health by severely restricting access to crucial information about environmental health risks posed by facilities that use dangerous chemicals. (Section 202)
Harming fair trial rights for American citizens and other defendants by limiting defense attorneys from challenging the use of secret evidence in criminal cases. (Section 204)
Gagging grand jury witnesses in terrorism cases to bar them from discussing their testimony with the media or the general public, thus preventing them from defending themselves against rumor-mongering and denying the public information it has a right to receive under the First Amendment. (Section 206)
Diminishes corporate accountability under the pretext of fighting terrorism; specifically, by ...
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http://www.aclu.org/safefree/general...g20030214.html__________________
