what is the us patriot act?

Answer 1

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), commonly known as the USA PATRIOT Act or simply the Patriot Act, is an American law which was signed into law by President George W. Bush on October 26, 2001. The Act passed in the Senate by a vote of 98 to 1, and in the House by a vote of 357 to 66. Although the bill enjoyed widespread Congressional and Presidential support, some people consider it a controversial piece of federal legislation.

Originally passed after the September 11, 2001 attacks, the Act (full text) was formed in response to the terrorist attacks against the United States, and dramatically expanded the authority of American law enforcement for the stated purpose of fighting terrorist acts in the United States and abroad. It has also been used to detect and prosecute other alleged potential crimes such as providing false information on terrorism. It was renewed on March 2, 2006 with a vote of 89 to 11 in the Senate and on March 7 280 to 138 in the House. The renewal was signed into law by President Bush on March 9, 2006.

Among the laws the USA PATRIOT Act amended are immigration laws and banking and money laundering laws. It also amends the Foreign Intelligence Surveillance Act (FISA).

With respect to terrorism definitions, for example, section 802 of the Act created the new crime category of "domestic terrorism." According to this provision, which is found in the U.S. criminal code at 18 U.S.C. § 2331, domestic terrorism means activities that (A) involve acts dangerous to human life that are a violation of the criminal laws of the U.S. or of any state, that (B) appear to be intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion, or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping, and (C) occur primarily within the territorial jurisdiction of the U.S.

Section 2331 also includes the crime of international terrorism, which is identical to domestic terrorism, except that it transcends national boundaries. But this provision predates the Act.

Other terrorism definitions are found in section 411 of the Act, which amends sections 212 and 219 of the Immigration and Nationality Act (INA). 8 U.S.C. § 1182 (which is INA sec. 212) relates to "Excludable Aliens." This is where the definitions of "terrorist activity" and "terrorist organization" may be found. 8 U.S.C. § 1189 (INA s. 219) provides for the designation of foreign terrorist organizations.

These provisions interact with other provisions in the criminal code, for example, 18 U.S.C. § 2339A and 18 U.S.C. § 2339B, which criminalize "material support" to terrorists and to foreign terrorist organizations, respectively, drawing on the INA terrorism definitions.

The Act mostly incorporates the provisions of the earlier anti-terrorism USA Act (H.R. 2975 and S. 1510). The Senate passed the USA Act on October 11, 2001. The House passed it on October 12, 2001. The primary differences between the USA Act and the USA PATRIOT Act are:

The inclusion of the Financial Anti-Terrorism Act (H.R. 3004), which expands money laundering abatement to international terrorism.
Immunity against prosecution for the providers of wiretaps in accordance with the Foreign Intelligence Surveillance Act of 1978.
Request for a report on integrating automated fingerprint identification for ports of entry into the United States.
Start of a foreign student monitoring program.
Request for machine readable passports.
Prevention of consulate shopping.
Expansion of the Biological Weapons Statute.
Clearer definition of "Electronic Surveillance"
Miscellaneous benefits for victims of the September 11 attack and extra penalties for those who illegally file for such benefits.
Much criticism against the 2001 Act had been directed at the provisions for Sneak-and-Peek searches — a term coined by the FBI. Critics argued that Provision 213 authorizes "surreptitious search warrants and seizures upon a showing of reasonable necessity and eliminates the requirement of Rule 41 of the Federal Rules of Criminal Procedure that immediate notification of seized items be provided."[2]

In special cases covered by FISA (amended by the USA PATRIOT Act), the warrants may come from the Foreign Intelligence Surveillance Court (FISC) instead of a common Federal or State Court. FISC warrants are not public record and therefore are not required to be released. Other warrants must be released, especially to the person under investigation.

A second complaint against Sneak-and-Peek searches is that the owner of the property (or person identified in business/library records) does not have to be told about the search. There is a special clause that allows the Director of the FBI to request phone records for a person without ever notifying the person. For all other searches, the person must be notified, but not necessarily before the search. The judge providing the warrant may allow a delay in notification when there is risk of:

endangering the life or physical safety of an individual;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously jeopardizing an investigation or unduly delaying a trial.
The delays are on average 7 days, but have been as long as 90 days. Section 213, which federal agencies report they have used 155 times since 2001, does not expire later this year like other USA PATRIOT Act provisions.

The American Civil Liberties Union argues that the term "serious jeopardy" is too broad "and must be narrowly curtailed."

However, "sneak and peek" searches have been in use for a long time in criminal cases. Title II of the USA PATRIOT Act was intended to bring the monitoring of foreign powers and the agents of foreign powers into line with such criminal legislation. The main difference between criminal and FISA delayed notification on search warrants is that FISA warrants use a different legal standard when approving such orders (they use reasonable cause, not probable cause).

Perhaps the most controversial section of the original Act was Section 215, dealing with a very narrow, implied right of federal investigators to access library and bookstore records. Section 215 allows FBI agents to obtain a warrant in camera from the United States Foreign Intelligence Surveillance Court for library or bookstore records of anyone connected to an investigation of international terrorism or spying. On its face, the section does not even refer to "libraries," but rather to business records and other tangible items in general. Civil libertarians and librarians in particular, argue that this provision violates patrons' human rights and it has now come to be called the "library provision." The Justice Department defends Section 215 by saying that because it requires an order to be issued by a FISA Court judge, it provides better protection for libraries.

On August 26, 2005, The New York Times reported that according to the ACLU, the FBI is demanding library records from a Connecticut institution as part of an intelligence investigation. This would be the first confirmed instance in which the Federal Bureau of Investigation has sought library records, federal officials and the ACLU said. Interestingly, though, the government did not seek the records under section 215, but instead used "National Security Letters," which are the FISA equivalent of grand jury subpoenas and do not require a court order and thus are easier to use than section 215.

Answer 2

It's some new law they passed.