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�215: “THE LIBRARY PROVISION” What it does: Allows federal agents to obtain orders in national security investigations for “tangible things” held by third parties, such as hospitals, libraries, and phone companies. Recipients cannot disclose that they have been subpoenaed. What the Justice Department says: AG Alberto Gonzales says he would support an amendment specifying that recipients of such orders can discuss them with an attorney and challenge them before the Foreign Intelligence Surveillance Court. What critics say: Sen. Richard Durbin, D-Ill., says that �215 currently allows law enforcement sweeps that are too broad. In addition, the ACLU has filed a federal lawsuit challenging the constitutionality of �215. �213: “SNEAK-AND-PEEK SEARCHES” What it does: Permits delayed notice of search warrants when there is reasonable cause to believe that immediate notification would seriously jeopardize an investigation. It can be triggered in any type of criminal probe. What the Justice Department says: Delayed-notice warrants were not created by the Patriot Act. Instead, the act codified an existing practice. As with most other search warrants, prosecutors must first show probable cause that the target is involved in a crime. What critics say: Sen. Russ Feingold, D-Wis., says �213 is too vague and allows potentially unlimited delays. Because the provision has been used primarily in nonterrorism investigations, some lawmakers feel it should be subject to tough scrutiny before reauthorization. �206: “ROVING WIRETAPS” What it does: Enables federal agents to tap multiple communication devices belonging to a single target in a terrorism investigation without going back to the Foreign Intelligence Surveillance Court for new authorization. What the Justice Department says: Roving, or multipoint, wiretaps have been available in the criminal context since 1986, but were unavailable under the Foreign Intelligence Surveillance Act before passage of the Patriot Act. What critics say: Sen. Dianne Feinstein, D-Calif., notes that �206 could violate citizens’ privacy by intercepting large volumes of innocent communications along with suspect ones. One legislative proposal would require surveillance applications to identify either the name of the target or the specific facilities to be tapped. �218: “TEARING DOWN THE WALL” What it does: Modifies the standard for obtaining surveillance under FISA, making it easier to use evidence gathered under FISA in criminal proceedings. What the Justice Department says: The old standard for using FISA led to a culture in which law enforcement and intelligence agents were afraid to share information and coordinate. Tearing down this artificial wall is cited as the most important achievement of the Patriot Act. What critics say: The ACLU says the Patriot Act’s expansion of FISA is unconstitutional because it allows investigators to make an end run around Fourth Amendment protections. It wants criminal defendants investigated under FISA to have access to the information the government used to obtain a surveillance order.

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