trends in the law

The Patriot Act amends many existing statutes and laws. A close review of Public Law 107-56 of Oct. 26, entitled “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” (a/k/a the USA Patriot Act) requires reference to, and analysis of, numerous existing federal laws and rules of procedure.



One of the existing laws which has been expanded by the Patriot Act is the 1986 Electronic Communications Privacy Act (EPCA), which sets forth governing rules concerning the use of wire taps and surveillance for purposes of monitoring communications. The new law also amends the International Emergency Powers Act, the Federal Rules of Criminal Procedure, several sections of the Federal Crimes Code, as well as the Foreign Intelligence Surveillance Act of 1978, and many other federal statutory sections which have been amended or portions stricken by the new law.



A full analysis leaves one impressed with the far-reaching and expansive nature of the new law, yet reminds us of the large body of existing laws that has historically enabled law enforcement authorities to effectively investigate, prosecute and generally combat terrorism. Why then the new law?

WHAT THE ACT GIVETH

The Patriot Act gives law enforcement and government officials broad new powers, including the power to conduct court-ordered surveillance of all modern forms of communication. Enacted to address such modern technologies as the Internet, e-mail, and disposable cell phones, the Patriot Act:



* Allows judges to issue nationwide search warrants to compel Internet service providers to turn over e-mail messages sent and received by suspected terrorists.



* Requires that telephone companies and Internet service providers turn over customer information and activity to the government if law enforcement suspects their customers to be involved in illegal activities.



* Expands the FBI’s Internet eavesdropping activity using the system known as Carnivore. The use of the Carnivore system had been the subject of much debate and criticism prior to the Patriot Act.



* Authorizes the interception of the contents of communications by a person deemed “a computer trespasser” with the permission of the owner or operator of the computer being unlawfully accessed if there are “reasonable grounds to believe that the content of the computer trespasser’s communications will be relevant” to a law enforcement investigation.



* Expands the pen register statute to include electronic communications. Previously the statute only involved the tracing of telephone numbers called by suspected terrorists. Now the statute allows investigators to more easily obtain a wiretap for activity on the Internet. This means that the government can collect Internet provider addresses, which are the Internet’s equivalent of phone numbers; and possibly the collection of much more private information.



* In addition to broadening the government’s ability to collect such information, the new law also creates new abilities to share the data obtained between federal agencies, including the FBI and the CIA.

WHAT IT TAKETH AWAY