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Saturday, March 31, 2012

POLICE CAR STOP,,,,,,,,,,

OFF THE WIRE
Read the note below then watch. Bet you watch it 2 times,

  CarStop.wmv 
In the Blink of an Eye...
 
The officer emptied his semiautomatic in retaliation!   Darn good shooting from somebody that just got the crap scared out of him!   A coroner’s jury ruled that Hamilton, Montana, Police Officer Ross Jessop was justified in killing a man during a late night traffic stop.  It took a six woman jury an hour to rule that Officer Ross justifiably shot and killed Raymond Thane Davis after Davis shot at him.   The five hours of testimony included this chilling video recording of the shooting made by the police car dash camera.   Davis first tried shooting Officer Jessop in the face from a few inches away.   The click of Davis’ revolver’s hammer hitting a previously fired round was audible on the tape.   Davis then shot again as Officer Jessop retreated and drew his own weapon.
 
Watch this one twice (at least) to get the FULL bone chilling effect.   It’ll make your hair stand up!   As indicated earlier, this happened in Hamilton, Montana.  Just shows how fast things can go to crap.  If you listen close, the first time the suspect pulled the trigger it went “click”.   They found out later that the hammer fell on a spent case in the revolver.   The outcome would have been much different if there had been a live round in the cylinder.   The driver of the vehicle (suspect) died of his wounds after being hit, then driving into a telephone pole after he sped away.   Never let your guard down, stay calm and shoot straight… as many times as you have bullets. Reload as required.

USA - This Week in Weed: March 25th-31st 2012

OFF THE WIRE
Erik Altieri,
NORML.org
This Week in Weed

Click here to subscribe to NORMLtv and receive alerts whenever new content is added.
The latest installment of “This Week in Weed” is now streaming on NORMLtv.
This week in weed: This week in weed: a new study shows federal drug testing as inaccurate and two studies show marijuana’s positive benefits in treating HIV and Parkinson’s Disease.....
Video - http://youtu.be/dP0JSh-ypvU

Be sure to tune in to NORMLtv every week to catch up on the latest marijuana news. Subscribe to NORMLtv or follow us on Twitter to be notified as soon as new content is added.

COMMENT`S
Fity comments for legalization of Canabis.
http://www.youtube.com/watch?feature=endscreen&NR=1&v=iMyquTQLM5Q

Obama is such a lier.
http://www.youtube.com/watch?feature=fvwp&v=1SwBtML2JPY&NR=1

Excellent argument for legalization of Marijuana
http://www.youtube.com/watch?v=qKgY5eOlhEc&feature=related

Indonesia wants to ban 'pornographic' miniskirts.....W.T.F....

OFF THE WIRE

Women standing on hotel room balcony (© Ben Edwards/Getty Images)
Women's hemlines may be dropping in Indonesia, and not for fashion's sake. The country's religious affairs minister, Suryadharma Ali, said this week he wants to ban miniskirts under the country's new anti-porn laws because they constitute "pornography." Ali said he wanted to establish clear criteria for what constituted porn and is therefore illegal, adding, "for example, skirts worn by women must flow past the knees." Earlier this month, Indonesia's parliament proposed prohibiting female politicians and staff members from wearing miniskirts, which the House speaker said led to "rapes and other immoral acts" and prompted men "to do things."

NEVEDA - New Blog Post and Vid - Teaching NHP a Lesson!

New Blog Post and Vid - Teaching NHP a Lesson!
Dear liberty-loving friends,

Please subscribe to my blog to get notices of activism blog posts.

http://tigerlilsblog.blogspot.com/2012/03/nevada-hwy-patrol-gets-schooled-on-open.html

Roaring for liberty,

TigerLily

TL

FBI - What We Investigate...........

what2.jpg

OFF THE WIRE
Spies. Terrorists. Hackers. Pedophiles. Mobsters. Gang leaders and serial killers. We investigate them all, and many more besides.
The very heart of FBI operations lies in our investigations—which serve, as our mission states, “to protect and defend the United States against terrorist and foreign intelligence threats and to enforce the criminal laws of the United States.” We currently have jurisdiction over violations of more than 200 categories of federal law, and you can find the major ones below, grouped within our three national security priorities and our five criminal priorities. Also visit our Intelligence program site, which underpins and informs all our investigative programs.

National Security PrioritiesCriminal Priorities
1. Terrorism
- International Terrorism
- Domestic Terrorism
- Weapons of Mass Destruction

2. Counterintelligence
- Counterespionage
- Counterproliferation
- Economic Espionage

3. Cyber Crime
- Computer Intrusions
- Online Predators
- Piracy/Intellectual Property Theft
- Internet Fraud
- Identity Theft
4. Public Corruption
- Government Fraud
- Election Fraud
- Foreign Corrupt Practices

5. Civil Rights
- Hate Crime
- Human Trafficking
- Color of Law
- Freedom of Access to Clinics

6. Organized Crime
- Italian Mafia/LCN
- Eurasian
- Balkan
- Middle Eastern
- Asian
- African
- Sports Bribery
7. White-Collar Crime
- Antitrust
- Corporate Fraud-
Financial Institution Fraud & Failures
- Health Care Fraud
- Insurance Fraud- Mass Marketing Fraud
- Money Laundering
- Mortgage Fraud-
Securities and Commodities Fraud
- More White-Collar Frauds
8. Violent Crime and Major Thefts
- Art Theft
- Bank Robbery
- Cargo Theft
- Crimes Against Children
- Cruise Ship Crime
- Gangs
- Indian Country Crime
- Jewelry and Gem Theft
- Retail Theft
- Vehicle Theft

National Security PrioritiesCriminal Priorities
1. Terrorism
- International Terrorism
- Domestic Terrorism
- Weapons of Mass Destruction

2. Counterintelligence
- Counterespionage
- Counterproliferation
- Economic Espionage

3. Cyber Crime
- Computer Intrusions
- Online Predators
- Piracy/Intellectual Property Theft
- Internet Fraud
- Identity Theft
4. Public Corruption
- Government Fraud
- Election Fraud
- Foreign Corrupt Practices

5. Civil Rights
- Hate Crime
- Human Trafficking
- Color of Law
- Freedom of Access to Clinics

6. Organized Crime
- Italian Mafia/LCN
- Eurasian
- Balkan
- Middle Eastern
- Asian
- African
- Sports Bribery
7. White-Collar Crime
- Antitrust
- Corporate Fraud-
Financial Institution Fraud & Failures
- Health Care Fraud
- Insurance Fraud- Mass Marketing Fraud
- Money Laundering
- Mortgage Fraud-
Securities and Commodities Fraud
- More White-Collar Frauds
8. Violent Crime and Major Thefts
- Art Theft
- Bank Robbery
- Cargo Theft
- Crimes Against Children
- Cruise Ship Crime
- Gangs
- Indian Country Crime
- Jewelry and Gem Theft
- Retail Theft
- Vehicle Theft

MASSACHUSETTS - MMA PLAGIARISM.. I received the following response in reference to the MMA's recent Press Release regarding the member winning the pipes ticket from Attorney Joseph Provanzano...

OFF THE WIRE
PLAGIARISM

Dear Gypsypashn:
 
     As you know, I have been asked many times why I and my associate, Mr. Paul Cote, have dropped our support of the Massachusetts Motorcycle Association [MMA] and why I have not renewed my membership after so many years. I have been quiet, but a recent announcement by the MMA demonstrates, in part, why. Let me explain, at least, from my point of view.
 
    Recently, the MMA in an announcement seems to indicate that it provides free legal representation for in Court legal representation. Does it truly? If it does, then that it truly news to me and I am glad to hear it.
 
     Be that as it may or may not be, the recent announcement went on to indicate that a member from Lynnfield was given a Citation for loud pipes. The member got in contact with the MMA and it provided legal advice and legal documentation to the MMA member to use in Court, which won the day. This is fine, for as far as it goes. The MMA announcement went out of the way to take full and complete credit for the eventual finding of not responsible, as if was responsible for all of the legal proceedings leading to that victory. This is also fine, for as far as it goes, but it is lacking.
 
     What seems to be lacking are the actual details and why the MMA did not provide all of the details - for it might impact on who deserves what credit. First of all, the so-called appellate case that set the standard as "no test - no ticket" was a case that I prepared and argued, at all levels of the proceedings, and won. This case was processed by my law office with a great deal of support from Mr. Paul Cote. No credit was ever advertised by us for that victory. We simply made the pleadings available to all riders, along with a free consultation as to how exactly to win such a case.
 
     As a result of that case and my representation of numerous motorcycle riders that were given improper tickets throughout Massachusetts, my office developed a set of legal pleadings to be given to a Court during a hearing, so as to teach the Court hearing officer how to deal with such a situation and how to insure that a proper not responsible is given.
 
     I am advised, sadly, that the pleadings and papers given to this MMA member were almost exact copies of the pleadings developed by my office, but with my name removed. If that is the case, I am truly fine with it, as I want the rider to win, no matter who provides the documents. After all of these years, I trust that it is well known that over the last approximate four [4] decades, I have provided such services to all riders without seeking fame or credit and without their having to join anything to obtain same. I would expect the same from anyone or any organization using my work product, even if altered to so minor degree.
 
     I want to point out to those who ride that this so-called great legal advice is actually available from the source and it has always be given away freely and without any need to pay a membership or legal fee and without the need for the rider to post any claim to anyone when the not responsible is obtained.
 
    As a rider, for almost 40 years, I find it truly and deeply offensive for any organization to render this type of assistance and then publicly advertise it as their own work product, so as to seek membership. This demonstrates a major reason why I no longer am a member of the MMA and why I do not support this type of conduct. I believe that every rider should help every other rider, without having to join a group, pay a fee, or advertise for credit when a favorable result is obtained.
 
     Joseph S. Provanzano, Esquire       

AUSTRALIA - Legal roadblock in SA Parliament is helping bikies, say police..


OFF THE WIRE
ANGRY police have warned MPs they are threatening public safety by delaying or changing anti-bikie laws.
Police, it is understood, are not able to issue firearm prohibition orders against at least five known criminals because of a deadlock in the Upper House on the use of criminal intelligence.
The Police Association has launched an intense campaign against Liberal and independent MPs who are supporting the changes, saying they are frustrated and hamstrung by delays.
PA president Mark Carroll has sent a six-page letter to all MPs outlining the police position on several Bills that, it says, are necessary to effectively police serious and organised crime in SA.
They are especially angry at changes to a proposed law on the use of criminal intelligence.
That allows police to use it to block someone getting a liquor licence, but they cannot use it to take out a firearms prohibition order against a bikie gxxg member.
Mr Carroll told The Advertiser: "It just seems everything is getting lost in the Legislative Council. It is important that police have the right tools to do their job."
A police spokeswoman said police clearly needed legislation to support their efforts in dealing with serious and organised crime and welcomed appropriate laws to be passed.
Mr Carroll's comments follow those of Director of Public Prosecutions Stephen Pallaras, QC, who has condemned the Liberals for blocking a law that would have provided reduced sentences for convicted criminals.
Mr Pallaras accused those who blocked the Bill of being "galactically ignorant" and the law simply aimed to enshrine a practice already carried out by judges.
The Bill, which would have offered sentencing discounts of up to 40 per cent for criminals who enter a guilty plea early, was one of six in the Government's package of anti-bikie laws. It was intended to break the code of silence around bikie crimes.
Liberal and independent MPs joined to block the changes and have opposed other key elements of anti-criminal gang legislation.
In his letter to MPs, Mr Carroll says police need strong laws to investigate outlaw motorcycle gxxgs and the laws before Parliament take direct aim at eradicating serious criminal behaviour.
"As you would be aware, outlaw motorcycle gangs are extremely violent and involved in serious criminal activities such as drug manufacturing, importation and distribution, as well as murder, blackmail, money-laundering and organised theft of motor vehicles," the letter says.
"OMCG members, who are prominent within the criminal and general communities, have succeeded in developing and expanding their operations so as to infiltrate legitimate industries such as finance and security. These gxxg members and their associates comprise a small proportion of the state's population but commit a disproportionate amount of serious crime."
Attorney-General John Rau said the Opposition was increasingly isolated in its soft-on-crime agenda.
Opposition spokesman Stephen Wade rejected any suggestion the Liberals were soft on crime and said the party had been bending over backwards to try to accommodate the Government's approach.
The discounted sentencing legislation, however, was a very risky approach.

http://www.adelaidenow.com.au/ipad/legal-roadblock-in-sa-parliament-is-helping-bikies-say-police/story-fn6bqpju-1226314962257

AUSTRALIA - Nine Finks admit nightclub brawling


OFF THE WIRE
Nine members of the Finks Motorcycle Club have admitted taking part in a brawl at a Hindley Street nightclub in Adelaide.
Security vision showed about 25 men using bottles and bar stools as weapons during the fight last May.
Charges of aggravated riot were laid against 12 men, but nine have now pleaded guilty in Adelaide Magistrates Court to a lesser charge of aggravated affray.
Two men have asked for more time to consider their pleas and another had the charge against him dropped.
Prosecutors recently dropped charges against 10 members of the Hells Angels over the brawl.

http://www.abc.net.au/news/2012-03-30/finks-brawl-guilty-hindley-street-nightclub/3923378/?site=newcastle

CALIFORNIA - Hells Angels members ordered to stand trial for June 2011 fight .

OFF THE WIRE
LAKEPORT, Calif. – Three Sonoma County Hells Angel Chapter members have been ordered to stand trial for allegedly attacking club rivals during a June 2011 tattoo convention at Konocti Vista Casino.
Judge Andrew Blum ordered Josh Johnson, 36; Nicolas Carrillo, 33; and Timothy Bianchi, 34, to stand trial for their alleged part in the fight with Michael Burns, a validated Vagos motorcycle gxxg member, and Kristopher Perkin on June 4, 2011.
All three are facing a felony charge of participation in a criminal street gang, and misdemeanor counts of disturbing the peace and battery. Bianchi is facing an additional felony count of assault with a deadly weapon other than a firearm, and Johnson and Carrillo each face a second misdemeanor battery count.
David Dabbs, another Hells Angel member alleged to have been in the fight, still remains at large.
The day of testimony began with Deputy District Attorney Art Grothe calling to the stand Lake County Sheriff's Det. John Drewrey.
Drewrey briefly testified regarding sheriff's reports related to a fatal collision on July 27, 2011, between a vehicle and a small child.
Sheriff Frank Rivero, during the first day of testimony on Wednesday, has testified to getting video surveillance from Konocti Vista Casino immediately after the fight on June 4, 2011.
He had testified to having a working relationship with Tribal Chair Tony Jack, who he said had come to him about the crash involving the child. However, that fatal crash had actually occurred nearly two months after the fight, not before it, as Rivero had indicated.
Grothe had requested Rivero be available to retake the stand and be subject to further cross-examination, explaining that he wanted to correct any inaccuracies that may have occurred during testimony.
Later in the morning, however, the defense would decide that they did not need Rivero to make another appearance, as the attorneys believed Rivero's statements would not be relevant to the core of the case. They also want to see a full transcript of his testimony.
Carrillo's attorney Michael Clough instead wanted to call to the stand Deputy Gary Frace, who provided testimony that contradicted other statements made on the stand Wednesday by Rivero.
“We are calling this witness because of testimony that was given regarding the videotapes,” Clough said.
Clough explained that Rivero had given conflicting testimony about the video, stating on Wednesday that no other members of his department had viewed the video before he did. However, Frace had, in fact, viewed them prior to Rivero obtaining them, Clough said.
“His testimony is absolutely crucial to answering a whole series of questions,” Clough said of Frace, adding that Frace also originally had been on the witness list.
Jai Gohel, Bianchi's defense attorney, made a different offer of proof, stating he thought there were serious credibility issues with Rivero's testimony.
Rivero had not been sure of what was on the video but yet rushed to get it, Gohel said. “I think there's credibility problems with that.”
Frace's report, said Gohel, stated that he saw the videos on the afternoon of the fight, before Rivero became involved. The defense wanted to inquire if Frace had reported seeing the videos to Rivero.
Gohel added, “The sheriff realized that there was going to be some difficulties, potentially, in getting a warrant for these tapes.” He said it seemed “incredible” that Rivero would not know one of his staff had seen the videos.
Clough asked Blum for a five-minute recess in order to ask Frace some questions and ascertain if his testimony was truly necessary. Blum agreed.
Frace, the defense attorneys, Grothe and Sgt. John Gregore went into the jury room and had a brief closed-door discussion. After they returned, Grothe – who initially had objected – agreed that it was appropriate to call Frace to the stand.
Clough added that Frace had knowledge of exchanges with the sheriff that would impeach Rivero's testimony on the previous day.

Deputy explains work on the case

Frace was called to the stand, but before he began to testify Grothe said issues needed to be addressed, particularly, that he had been informed that based on the June 2011 fight the sheriff's department had initiated and still held open an internal affairs investigation on Frace.
Grothe said Frace had been ordered not to talk to anyone about the incident. “I believe he's got conflicting orders,” and Grothe suggested the court would need to order Frace to testify.
Blum asked if there was a possible Fifth Amendment issue regarding self-incrimination. Both Grothe and Frace said they didn't believe so. Clough suggested that out of an abundance of caution Frace should be advised that he's entitled to counsel.
Blum advised Frace of his Fifth Amendment rights, and asked if he wished for counsel, to which Frace said no. At Grothe's request, Blum said Frace was under oath and required to answer questions.
As Clough began to question Frace Grothe asked for a brief interruption when Capt. Chris Macedo of the Lake County Sheriff's Office arrived in the courtroom. Grothe asked that Macedo be allowed to make a statement on the record, which Clough didn't object to although he noted it was “highly unusual.”
Macedo told the court that he was releasing Frace from his admonition not to speak about the situation in responding to questions about the incident in court.
Frace told the court he had arrived on the scene of the fight within minutes of the call, which occurred shortly before 1:30 p.m. Saturday, June 4, 2011.
He said a security guard told him about the fight, with Deputy Walter White – who also responded and testified about doing so on Wednesday – contacting Burns as he was attempting to leave in a vehicle. The Hells Angels Club President told Frace nothing had happened.
Later that afternoon, Frace wrote a report on the incident, retrieved a copy of a surveillance video request form from the sheriff’s office and returned to submit it to the casino, where he also was allowed to view footage of the fight. Another deputy later had to resubmit the form because it had the former sheriff’s name on it and the casino wouldn’t accept it.
Frace said he spoke to Sgt. Chris Chwialkowski about seeing the video. By the end of Frace’s shift that day, Chwialkowski told Frace that Rivero was immediately ordering him not to talk to Deputy Walter White or then-Deputy Elvis Cook about the incident. He said he asked Chwialkowski to put it in writing and he did.
Clough asked him if he had ever been ordered not to talk to other deputies about a case. “No, I have not,” said Frace.

Officer discusses gangs

During the remainder of the day, Lakeport Police Officer Norm Taylor, who is his department’s gang expert and is on the county’s gang task force, testified about the Hells Angels, their rules and activities around the area, and the June 2011 fight.
The defense questioned him at length and wanted him disqualified, but Blum ruled Taylor was qualified. “He knows vastly more than the average person on the street and quite a bit more than the average officer.”
Taylor testified that a fellow Lakeport Police officer encountered Burns in the months before the June 2011 fight in downtown Lakeport, after he had apparently been assaulted during another confrontation with Hells Angels members who appeared to be from the Sonoma County chapter.
He said Hells Angels have long claimed California as their own. At one point in Lake County there were no active motorcycle gxxgs, then the Vagos set up a chapter in the county in 2006. He said that the Sonoma County Hells Angels chapter considered that complete disrespect.
Taylor testified that the assault at Konocti Vista of Burns and Perkin was for the purpose of showing dominance in Hells Angels territory. He said the Hells Angels are no different than any other street gang. He said they derive fear from assaults and violence; people don’t want to cross them and don’t want to contact law enforcement due to fear of retaliation.
Patrick Ciocca, Johnson’s attorney, asked if it was possible that during the fight Johnson had just responded to aid a brother. “Based on the entire circumstances, I don’t believe so,” said Taylor.
The defense attorneys argued that the charges, even at a preliminary hearing level, didn’t stand up, and that at the very least all charges should be reduced to misdemeanors.
Grothe, however, said that Burns suffered a broken bone, which meets the statutory guidelines of “great bodily injury,” and that the fight took place in the middle of day in front of numerous innocent “civilians.”

Blum ruled there was a strong suspicion – which is all that’s required at preliminary hearing – that the three men committed the crimes with which they’re charged, and ordered them to stand trial.
He watched the videos closely and said it was clear to him that all three were involved in the fight, although he was not sure that Johnson or Carrillo ever laid a hand on Burns. Bianchi, however, was hitting Burns and “using great force.”
Bianchi, Carrillo and Johnson have been ordered to return for arraignment on April 16.

http://www.lakeconews.com/index.php?option=com_content&view=article&id=24334:hells-angels-members-ordered-to-stand-trial-for-june-2011-fight&catid=1:latest&Itemid=197

FLORIDA - Biker gangsters busted after three-year probe..

OFF THE WIRE
Susan Jacobson &
 David A. Collins,
Orlando Sentinel
Those arrested and booked into jail in Central Florida include, from left, Brian Klose, Carlos Dubose, Harold Kinlaw, Leah Klose and Ronald Cusack.
Those arrested and booked into jail in Central Florida include, from left, Brian Klose, Carlos Dubose, Harold Kinlaw, Leah Klose and Ronald Cusack. (Osceola County Jail; Orange County Jail / Mar 30, 2012)

A three-year undercover investigation led to the arrest Thursday of six people who are members or associates of the Aryan Nations, Kavallerie Brigade and the Outlaws motorcycle club, the Orange County Sheriff's Office said.
Law-enforcement teams hit several locations in Central Florida and Chicago to make the arrests, the Sheriff's Office said.
Those arrested were:
•Leah Klose, 40, of St. Cloud on a charge of possession of cocaine.
•Brian Klose, 49, also of St. Cloud, on charges of trafficking in hydrocodone and oxycodone, threatening to throw a destructive device, manufacturing and selling drugs and buying cocaine.
•Ronald Cusack, 47, of St. Cloud on charges of delivery of cocaine and threatening to throw a destructive device.
•Deborah Plowman, age unavailable, on a charge of possession of hydrocodone. She was arrested in Chicago.
•Carlos Eugene Dubose, 54, of Orlando on charges of threatening to throw a destructive device and trafficking in oxycodone.
•Harold Johnson Kinlaw, 54, of east Orange County, on charges of threatening to throw a destructive device, attempting to solicit conspiracy and evidencing prejudice.
The Kloses, Cusack and Dubose are being held in the Osceola County Jail. Kinlaw is being held at the Orange County Jail.
Other agencies involved in the operation were the Osceola County Sheriff's Office, the Federal Bureau of Investigation Joint Terrorism Task Force, the St. Cloud Police Department, the Florida Department of Law Enforcement, the Metropolitan Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Aryan Nations is a white-supremacist group that splintered into smaller groups after it lost a civil lawsuit brought by the Southern Poverty Law Center and its founder died in 2004, according to the center's website, which lists the 1st SS Kavallerie Brigade Motorcycle Division as one offshoot.
The Outlaws motorcycle club has a long history in Central Florida with roots that reach back to the Chicago area.
sjacobson@tribune.com or 407-540-5981

ARIZONA - Kevin Augustiniak Sentenced.......

OFF THE WIRE
Kevin Augustiniak Sentenced
Kevin Augustiniak, a member of the Mesa, Arizona charter of the Hells Angels Motorcycle Club, was sentenced to 23 years in prison by a Maricopa County Superior Court Judge named Peter Reinstein yesterday for the murder of a woman named Cynthia Yvonne Garcia in Phoenix in October 2001.
For the last decade Garcia’s murder has been used to exemplify the alleged inherent psychopathy of all members and friends of the Hells Angels Motorcycle Club.
Garcia, a 44-year-old mother of six who has been widely described as a substance abuser, was killed after going to the Mesa clubhouse in October 2001. Garcia was beaten at the clubhouse and stabbed after being taken into the desert in the trunk of a car. Four patched Angels and two prospects were in the clubhouse around the time Garcia was beaten. The prospects were named Dennis Gilliard and David LeMoine. The four patch holders were Augustiniak (above), Paul Eischeid, Richard Hyder and Michael Christopher “Mesa Mike” Kramer.

Mesa Mike

According to multiple sources, the architect of the murder was Kramer. Kramer was the most senior club member there and he was intoxicated on methamphetamine at the time. Kramer punched Garcia and knocked her off a bar stool for “mouthing off.” He kicked the woman and ordered Augustiniak, Eischeid and Hyder to join in the assault. Kramer ordered the other Angels to throw Garcia in the trunk of his car. Kramer stabbed and slashed Garcia in the desert near Usery Pass south of Mesa.
By Kramer’s account, the nearly decapitated woman somehow managed to grasp his pant leg as she died. And, he was moved to treachery by that poignant gesture. Less than a month later Kramer became a paid ATF informant.
Kramer killed Hyder in a traffic accident the following Spring. He was eventually sentenced to five years probation for killing Garcia. He is now enrolled in the U.S. Marshalls’ Witness Relocation Program. Since the Garcia murder, Kramer has been paid slightly more than $415,000 by the federal government.

Augustiniak and Eischeid

Augustiniak and Eischeid were indicted for the murder as a result of Kramer’s participation in a racketeering investigation of Hells Angels in Arizona, Nevada and California. The well known investigation was eventually named Operation Black Biscuit for the Fox Television reality show America’s Most Wanted. The federal charges against Augustiniak were dismissed. Eischeid fled to Argentina where he was discovered and apprehended in February 2011. Eischeid is unlikely to be extradited.
Augustiniak was indicted for the second degree murder of Garcia by an Arizona grand jury in 2007. On advice of counsel he pled guilty in October 2011. He attempted to withdraw the plea but his motion was denied.
Relatives of both the victim and the convicted man made statements before the sentencing.
“I just want justice,” Garcia’s daughter, Angela Ruiz, told Judge Reinstein. “I want him to get the maximum because he’s still breathing and my mom’s gone.”
Augustiniak’s father told the judge that his son should not be punished for what Michael Kramer did. “The Garcia family is not having the truth said here today,” Daniel Augustiniak told the judge. “My son didn’t have the trial he’s supposed to have, didn’t have the lawyer he’s supposed to have.”

Expert Insight

Last month outlaw biker authority Kerrie Droban cited the Garcia murder as an example of the continuing danger the Hells Angels present to Arizona and the general public in an interview broadcast on Phoenix television station KTVK. Droban is the author of Running With The Devil, a book about Operation Black Biscuit.
“Not only was it an extraordinary investigation, but you start to learn who the Hells Angels really are,” Droban told KTVK. “It is the modern-day Mafia and that’s really part of the fascination with these biker gangs.” A movie version of Running With The Devil is in pre-production.
Droban describes Garcia as a “biker groupie” and told the television station that her research has led her to believe that Paul Eischeid was the principal aggressor against the dead woman. “Amongst his peers, he was known as the go-to guy,” she said. “If you wanted someone taken care of, they called it TCB, taking care of business, if you wanted someone taken care of, you had Paul Eischeid do it.”
Eischeid was unavailable to comment or respond.

LONDON - Girls Strip Off For Morning Stroll In London

OFF THE WIRE
 VIDEO -
http://youtu.be/FvoV8cWVpyY
A harem of scantily-clad women strolled down Oxford Street in nothing more than their underwear this morning.
The gang risked causing a pile-up on the busy road as they merrily flaunted their bodies in a variety of lingerie.
The stunt marked the opening of the new Ann Summers store on nearby Wardour Street, as well as National Cleavage Day this Saturday.
NCD is held annually to celebrate women's independence and power in their careers and relationships.
The recruited crew came in all shapes and sizes to show prospective Ann Summers customers that there's something for everyone inside its new store.
Shopkeepers and pedestrians stopped in amazement and took pictures on their phones as the flesh-flashing mob passed by.

AUSTRALIA - Consorting Amendments 93W,X & Y Crimes Act


This is how it was explained to me in very simple terms.

Consorting Amendments 93W,X & Y Crimes Act

"You must FIRST have consorted with 2 "convicted offenders" THEN the police can give you a warning that you have been consorting with "Convicted Offenders" & if you consort with them again it is an offence" Let me break this down. Joe (a cleanskin with no criminal record) Bob (a wharfie who 10 yea...rs ago got into a blue and was charged and convicted for GBH but has now seen the error of his ways and is now married with 3 kids) and Alan (a Used Car salesman who got done 5 years ago for possesion and supply, did his time and is now straight) Constable Plod sees these 3 drinking at a pub. Makes a note of it and moves on. He sees them all again 2 weeks later at a fundraiser, being the ever zelous officer he is, he confronts all 3 and explains to each one that they have been observed consorting previously and if they are seen in each others company again it is a CRIMINAL OFFENCE! Yes, even Joe the cleanskin has now the potential to recieve a criminal record if he meets up with his 2 mates. Both Bob and Alan (even though they have served their time and made a better life for themselves and ot so much have received a traffic ticket) will NEVER be able to escape their past mistake. ( Please take note, NOT ONE OF THEM IS A BIKER hmmmm)

AUSTRALIA - If police are ahead in finding criminals, do they need this power?

OFF THE WIRE

RICHARD ACKLAND
At last, a good helping of red meat for Ray Hadley and other self-appointed guardians of right-thinking people.
The passage of new consorting and criminal gangs laws give the police brave new powers.
Maybe it's not the best time to be investing our constables with more discretions, particularly when they show a remarkable inability to be discreet.
Not all will see it that way. The loudest music hall spruikers want our streets made safe for law-abiding citizens but rarely, if ever, point to the fact that in western and south-western Sydney the crime rate in most categories has been steadily falling.
A field day of indignation was had regarding inquiries by the Attorney-General, Greg Smith, into amending bail and sentencing laws so that fewer young, first-time offenders would wind up inside.
Now the government appears to be making a concerted effort to get some fresh recruits to fill the jail spots left vacant by improvements to sentencing options.
The consorting and organised crime legislation that sailed through unamended on March 12 will soon have people hanging off the rafters at Silverwater.
Under these amendments the required level of knowledge about associating with criminals is shifted down several pegs. All that is needed for a conviction is that the accused ''ought reasonably to know'' they were hanging out with baddies. In particular the amendments give near untrammelled discretion to police to monster former prisoners.
Police have the power to warn people and if, after being warned, they contact relevant convicted offenders, even by so much as a text message, they could be guilty of an offence with a penalty of up
to three years' prison. NSW Young Lawyers cited an example of how the law could play out adversely. If you play in a football team with a couple of lads who got caught in a fight and were convicted of assault, then the police can warn you that you are consorting. If you continue to play football with these teammates, you could be committing an offence and risk a stint inside.
The scope of available defences is far too restrictive and the consequence is that the legislation will have a disproportionately adverse affect on Aboriginal people and those working in prisoner rights organisations.
An amendment by the Greens' justice spokesman, David Shoebridge, MLC, was defeated. It sought consorting exemptions for those involved in ''advocacy, protest, dissent or industrial action''. No free speech when it comes to consorters or those who have been warned.
Another component of the Crimes Act amendment was to create a new offence of ''firing at a dwelling house''. The maximum penalty was increased from 14 to 16 years. That is the response to drive-by shootings. As Shoebridge said, it will not have the slightest impact: ''I won't shoot at this house because yesterday
I would have got 14 years, but today I will get 16.''
Then there's the new edition of bikie laws, or the Crimes (Criminal Organisations) Act, which was passed last week - again without amendment. This replaces the bikie law that was struck down as unconstitutional by the High Court on the ground that it fettered the discretion of judges and turned them into the government's administrative creatures. No doubt there'll be another crack at dismantling the latest effort.
It contains some familiar features: the criminalisation of association rather than activity; applications by the police for organisations to be ''declared''; and judges who self-nominate for eligibility to hear these applications.
An ''eligible'' judge, once satisfied that a significant minority of an organisation is engaged in some sort of criminal activity, can declare the entire outfit to be criminal and impose control orders.
This applies not only to bikies. One example was given of the possibility that farmers who are involved in Lock the Gate protests against coal seam gas mining could well commit criminal offences if they blockade gas drilling rigs. The organisation could be declared under this act and each individuals' association with Lock the Gate would be criminalised.
I'd like to think this also applies to members of gentlemen's clubs in the city, a minority of whose members might be engaged in insider trading or corporate shenanigans. Even honest members could then become members of a declared criminal organisation and subject to control orders.
The important point is that there are already loads of laws to tackle illegal activities by groups and their members. Operation Ranmore and Strike Force Raptor delivered more than 1000 charges and 500 arrests under pre-existing laws in 2008.
Why not just work properly with the laws on extortion, drug dealing, money laundering and such like, rather than dispatching people to jail for ''association''?
By now it is horribly clear that investing more powers in the hands of trigger-happy officers is a matter of concern. All the more so when police reserve the right to investigate themselves, with all the potential for fudging and cover-up that readily provides.
Yesterday the long-term fugitive Malcolm Naden was captured after a massive and at times farcical police operation. He could have been Osama bin Laden, from the government's rhetoric. Under a press release headlined ''Naden to be held at Supermax'', the Attorney-General said the police should be congratulated.
The Police Minister, Mike Gallacher, touchingly declared it had been a ''tough time'' for the police.
The parliamentary secretary for justice, David Clarke, also showed his sensitive side, attacking opponents of the gangs control law: ''It is always civil liberties for the people who want to work as termites to undermine mainstream Australia and for criminals.''
justinian@lawpress.com.au

NEVEDA - Two-week driving crackdown starts Monday in Reno area..

OFF THE WIRE
Local law enforcement agencies will use a grant from the Nevada Office of Traffic Safety to put extra peace officers on the road Monday through April 16 to crack down on bad driving.
The Sparks Police Department announced it will put two extra officers to target speeders, motorcycle violations and people who use cell phones while driving.
The Nevada Highway Patrol will also use OTS money to add trooopers, but couldn't immediately say how many.
Sparks police reminded drivers of cars and motorcycles not to speed and to stay off cell phones while driving.

Babe of the DAY.....

AUSTRALIA - The Governor of NSW Her Excellency Professor Marie Bashir Ac, CVO,: refuse assent or pass it back to parliament for amendment.

OFF THE WIRE
Created By
Alex Vella
Sydney, Australia
  1. Petitioning
    1. The Governor of NSW Her Excellency Professor Marie Bashir Ac, CVO,
    2. Why This Is Important
      I do humbly make this petition on the grounds that the "Crimes Amendment (Consorting & Organised Crime) Bill 2012" is socially unjust, it may well present constitutional challenge at significant taxpayer expense, it dismisses the Rule of Law as to right to challenge by any subject of such order, it denies Natural Justice to the subject under this Bill, it contravenes Common Law rights as to secret evidences used and other and I believe it not to be in the best public interests of the citizens of NSW.
    3. refuse assent or pass it back to parliament for amendment.
      Greetings,
      I just signed the following petition addressed to: The Governor of NSW Her Excellency Professor Marie Bashir Ac, CVO,.

      ----------------
      refuse assent or pass it back to parliament for amendment.

      I do humbly make this petition on the grounds that the "Crimes Amendment (Consorting & Organised Crime) Bill 2012" is socially unjust, it may well present constitutional challenge at significant taxpayer expense, it dismisses the Rule of Law as to right to challenge by any subject of such order, it denies Natural Justice to the subject under this Bill, it contravenes Common Law rights as to secret evidences used and other and I believe it not to be in the best public interests of the citizens of NSW.

      ----------------

      Sincerely,
      [Your name]

Friday, March 30, 2012

POLICE CAR STOP,,,,,,,,,,

OFF THE WIRE
CarStop.wmv
Read the note below then watch. Bet you watch it 2 times,     
In the Blink of an Eye...  
The officer emptied his semiautomatic in retaliation!   Darn good shooting from somebody that just got the crap scared out of him!   A coroner’s jury ruled that Hamilton, Montana, Police Officer Ross Jessop was justified in killing a man during a late night traffic stop.  It took a six woman jury an hour to rule that Officer Ross justifiably shot and killed Raymond Thane Davis after Davis shot at him.   The five hours of testimony included this chilling video recording of the shooting made by the police car dash camera.   Davis first tried shooting Officer Jessop in the face from a few inches away.   The click of Davis’ revolver’s hammer hitting a previously fired round was audible on the tape.   Davis then shot again as Officer Jessop retreated and drew his own weapon.
 
Watch this one twice (at least) to get the FULL bone chilling effect.   It’ll make your hair stand up!   As indicated earlier, this happened in Hamilton, Montana.  Just shows how fast things can go to crap.  If you listen close, the first time the suspect pulled the trigger it went “click”.   They found out later that the hammer fell on a spent case in the revolver.   The outcome would have been much different if there had been a live round in the cylinder.   The driver of the vehicle (suspect) died of his wounds after being hit, then driving into a telephone pole after he sped away.   Never let your guard down, stay calm and shoot straight… as many times as you have bullets. Reload as required.

“MASSIVE” SECURITY FAILURE AT MASTERCARD-VISA PROCESSOR MAY INVOLVE OVER 10 MILLION CREDIT CARD ACCOUNT OWNERS

OFF THE WIRE
  • March 30th, 2012

  • By Hermis

  • WHAT'S IN YOUR WALLET?

    KREBS-ON-SECURITY, AN IN-DEPTH SECURITY NEWS AND INVESTIGATION POWERHOUSE, FIRST BROKE THE STORY ON THE MASSIVE SECURITY BREACH AT AN UN-NAMED MASTERCARD & VISA CREDIT CARD PROCESSING CENTER THAT INSIDERS BELIEVE AFFECTS OVER 10 MILLION CREDIT CARD ACCOUNTS.
    PASS THIS LINK/INFO ALONG TO FRIENDS & FAMILY.
    MASTERCARD/VISA OR YOUR BANK  CANNOT REFUSE TO GIVE CARDHOLDERS INFO ABOUT THEIR ACCOUNTS!
    THE LONGER YOU WAIT TO HEAR IF YOUR CARD(s) ARE INVOLVED, THE WORSE YOUR PROBLEM(s) MAY BECOME AS A RESULT OF FAILED/INSUFFICIENT SECURITY MEASURES BY MASTERCARD & VISA.
    SEE THIS LINK.

    ALICIA BABE OF THE DAY







    Patriot Act - SMOKE SCREEN AT BEST

    The USA PATRIOT Act (commonly known as the Patriot Act) is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001. The title of the act is a ten letter backronym (USA PATRIOT) that stands for Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001.[1]
    The act, a response to the terrorist attacks of September 11th, dramatically reduced daily freedoms of the American public and restrictions in law enforcement agencies' gathering of intelligence within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.
    On May 26, 2011, President Barack Obama signed a four-year extension of three key provisions in the USA PATRIOT Act:[2] roving wiretaps, searches of business records (the "library records provision"), and conducting surveillance of "lone wolves" — individuals suspected of terrorist-related activities not linked to terrorist groups.[3]

    Contents

     [hide

    [edit] Details

    The Act was passed in the House by 357 to 66 (of 435) and in the Senate by 98 to 1 and was supported by members of both the Republican and Democratic parties.
    Opponents of the law have criticized its authorization of indefinite detentions of immigrants; searches through which law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order, and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.
    Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns.[4]
    The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

    [edit] Background

    The PATRIOT Act[5] has made a number of changes to U.S. law. Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. The Act itself came about after the September 11th attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed antiterrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12.[6] It was then introduced into the Senate as the USA Act (S. 1510) [7] where a number of amendments were proposed by Senator Russ Feingold,[8][9][10][10] all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act).[11] It was vehemently opposed by only one Senator, Russ Feingold, who was the only Senator to vote against the bill. Senator Patrick Leahy also expressed some concerns.[12] However, many parts were seen as necessary by both detractors and supporters.[13][14][15] The final Act included a number of sunsets which were to expire on December 15, 2005.
    Due to its controversial nature, a number of bills were proposed to amend the USA PATRIOT Act. These included the Protecting the Rights of Individuals Act,[16] the Benjamin Franklin True Patriot Act,[17] and the Security and Freedom Ensured Act (SAFE),[18] none of which passed. In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003.[19] This highly controversial document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the media and organizations such as the Electronic Frontier Foundation.[20] The draft, which was circulated to 10 divisions of the Department of Justice,[21] proposed to make further extensive modifications to extend the USA PATRIOT Act.[22] It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.[23]

    [edit] Titles

    [edit] Title I: Enhancing Domestic Security against Terrorism

    Title I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the FBI's Technical Support Center. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with the President's authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (D-IA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included "the prayer of Cardinal Theodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that 'We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.'[24] Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.[25]

    [edit] Title II: Surveillance procedures

    Title II is titled "Enhanced Surveillance Procedures", and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA, and the ECPA, and many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather "foreign intelligence information" from both U.S. and non-U.S. citizens, and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose.[26] The change in definition was meant to remove a legal "wall" between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped.[27] However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment.[28] The title also expanded the duration of FISA physical search and surveillance orders,[29] and gave authorities the ability to share information gathered before a federal grand jury with other agencies.[30]
    The scope and availability of wiretapping and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks[31] — the Electronic Privacy Information Center (EPIC) objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information.[32] The Act allowed any district court judge in the United States to issue such surveillance orders[31] and search warrants for terrorism investigations.[33] Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws.[34]
    Various provisions allowed for the disclosure of electronic communications to law enforcement agencies. Those who operate or own a "protected computer" can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute.[35] The definition of a "protected computer" is defined in 18 U.S.C. § 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside the United States. The law governing obligatory and voluntary disclosure of customer communications by cable companies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits.[36] Subpoenas issued to Internet Service Providers were expanded to include not only "the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber" but also session times and durations, types of services used, communication device address information (e.g. IP addresses), payment method and bank account and credit card numbers.[37] Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to "life and limb".[38]
    Title II established three very controversial provisions: "sneak and peek" warrants, roving wiretaps and the ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called "sneak and peek" law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act — the FBI field manual says that it is a "flexible standard"[39] — and it may be extended at the court's discretion.[40] These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007 after a Portland attorney, Brandon Mayfield, was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution.[41][42]
    Roving wiretaps are wiretap orders that do not need to specify all common carriers and third parties in a surveillance court order. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones,[43] while opponents see it as violating the particularity clause of the Fourth Amendment.[44][45] Another highly controversial provision is one that allows the FBI to make an order "requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution."[46] Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision.[47] In a resolution passed on June 29, 2005, they stated that "Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity."[48] However, the ALA's stance did not go without criticism. One prominent critic of the ALA's stance was the Manhattan Institute's Heather Mac Donald, who argued in an article for the New York City Journal that "[t]he furor over section 215 is a case study in Patriot Act fear-mongering."[49]
    The title also covers a number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the District of Columbia),[50] trade sanctions against North Korea and Taliban-controlled Afghanistan [51] and the employment of translators by the FBI.[52]
    At the insistence of Republican Representative Richard Armey,[53] the Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.[54] The provisions that were to expire are below.

    Title II sections that were to originally expire on December 31, 2005
    SectionSection title
    201Authority to intercept wire, oral, and electronic communications relating to terrorism
    202Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses
    203(b)Authority to share electronic, wire and oral interception information
    204Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications
    206Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.
    207Duration of FISA surveillance of non-United States persons who are agents of a foreign power
    209Seizure of voice-mail messages pursuant to warrants
    212Emergency disclosure of electronic communications to protect life and limb
    214Pen register and trap and trace authority under FISA
    215Access to records and other items under the Foreign Intelligence Surveillance Act.
    217Interception of computer trespasser communications
    218Foreign intelligence information
    220Nationwide service of search warrants for electronic evidence
    223Civil liability for certain unauthorized disclosures
    225Immunity for compliance with FISA wiretap

    [edit] Title III: Anti-money-laundering to prevent terrorism

    Title III of the Act, titled "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001," is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It was divided into three subtitles, with the first dealing primarily with strengthening banking rules against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency, such as the Hans Vierck case of 2001.
    The first subtitle tightened the record keeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts.[55] The U.S. Treasury was charged with formulating regulations intended to foster information sharing between financial institutions to prevent money-laundering.[56] Along with expanding record keeping requirements it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities.[57] If money laundering was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering.[58] In an effort to encourage institutions to take steps that would reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked.[59]
    Restrictions were placed on accounts and foreign banks. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country. It also prohibits or restricts the use of certain accounts held at financial institutions.[60] Financial institutions must now undertake steps to identify the owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption.[61] Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in the U.S. Thus any restraining order, seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank.[62] Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts.[63] Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers.
    The definition of money laundering was expanded to include making a financial transaction in the U.S. in order to commit a violent crime.[64] the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munition[65] and the importation or bringing in of any firearm or ammunition not authorized by the U.S. Attorney General[66] and the smuggling of any item controlled under the Export Administration Regulations.[67][68] It also includes any offense where the U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution because of the treaty; the import of falsely classified goods;[69] computer crime;[70] and any felony violation of the Foreign Agents Registration Act of 1938.[68] It also allows the forfeiture of any property within the jurisdiction of the United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance.[71] Foreign nations may now seek to have a forfeiture or judgment notification enforced by a district court of the United States.[72] This is done through new legislation that specifies how the U.S. government may apply for a restraining order[73] to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement.[74] In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process.[72] The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement.[75] The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.[76]
    The Act also introduced criminal penalties for corrupt officialdom. An official or employee of the government who acts corruptly — as well as the person who induces the corrupt act — in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. The financial institution can be fined $US10,000 for each day the account remains open after the 10 day limit has expired.[62]
    The second annotation made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to the BSA was to allow the designated officer or agency who receives suspicious activity reports to notify U.S. intelligence agencies.[77] A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$10,000 and made it illegal to structure transactions in a manner that evades the BSA's reporting requirements.[78] To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs) — those who operate informal value transfer systems outside of the mainstream financial system — were included in the definition of a financial institution.[79] The BSA was amended to make it mandatory to report suspicious transactions and an attempt was made to make such reporting easier for financial institutions.[80] FinCEN was made a bureau of the United States Department of Treasury[81] and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered.[82] Along with these reporting requirements, a considerable number of provisions relate to the prevention and prosecution of money-laundering.[83] Financial institutions were ordered to establish anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy.[84] Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements.[85] A number of other amendments to the BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. National reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve bank.[86] Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support the U.S.'s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.[87]
    The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA was amended to make it a criminal offense to evade currency reporting by concealing more than US$10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled.[88] It also made the civil and criminal penalty violations of currency reporting cases[89] be the forfeiture of all a defendant's property that was involved in the offense, and any property traceable to the defendant.[90] The Act prohibits and penalizes those who run unlicensed money transmitting businesses.[91] In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant.[92] The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and it was made an offense to own such a reproduction device. Penalties were increased to 20 years imprisonment.[93] Money laundering "unlawful activities" was expanded to include the provision of material support or resources to designated foreign terrorist organizations.[94] The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under 18 U.S.C. § 1029, which deals with fraud and related activity in connection with access devices.[95]

    [edit] Title IV: Border security

    Title IV amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the United States Attorney General and to the Immigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full time employees (FTEs) assigned to the INS on the Northern border of the United States.[96] Enough funds were set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.[97] The INS was also given the authority to authorize overtime payments of up to an extra US$30,000 a year to INS employees.[98] Access was given to the Department of State and the INS to criminal background information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center to determine whether visa applicants and applicants could be admitted to the U.S.[99] The Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information.[100] Additionally, the National Institute of Standards and Technology (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States visa.[100] The reason was to make the standard the technology basis for a cross-agency, cross-platform electronic system used for conducting background checks, confirming identities and ensuring that people have not received visas under different names.[101] This report was released on November 13, 2002,[102] however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998."[103] This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.
    Under subtitle C, various definitions relating to terrorism were altered and expanded. The INA was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens.[104] The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms).[104] To "engage in terrorist activity" is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.[104] The INA criteria for making a decision to designate an organization as a terrorist organization was amended to include the definition of a terrorist act.[105] Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organization, but since left, before it was designated to be a terrorist organization under 8 U.S.C. § 1189 by the Secretary of State.[104]
    The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal espionage; are exporting goods, technology, or sensitive information illegally; or are attempting to control or overthrow the government; or have, or will have, engaged in terrorist activities.[106] The Attorney General or the Attorney General's deputy may maintain custody of such aliens until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after the alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered.[106] Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held under habeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit.[106] Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.[106]
    A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases.[107] The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.[108] which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program.[109]
    The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C. § 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.[110] The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.[111]
    The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism.[112] They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in the United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.[113]

    [edit] Title V: Removing obstacles to investigating terrorism

    It allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $US250,000 may not be made or offered without the personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives.[114] The State Department Basic Authorities Act of 1956 was amended to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organization[115] and to identify any key leaders of terrorist organizations.[116] The Secretary of State was given authority to pay greater than $US5 million if he so determines it would prevent terrorist actions against the United States and Canada.[117] The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in the list of qualifying Federal offenses.[118] Another perceived obstacle was to allow Federal agencies to share information with Federal law enforcement agencies. Thus, the act now allows Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.[119]
    Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions.[120] The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]." An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.[121]
    One of the most controversial aspects of the USA PATRIOT Act is in title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the Department of Defense (DoD). It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests.[122] This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional to not allow a client to inform their Attorney as to the order because of the gag provision of the letters. The court's judgement found in favour of the ACLU's case, and they declared the law unconstitutional.[123] Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order.[124] However, in 2007 the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in meaningful judicial review of these gags.

    [edit] Title VI: Victims and families of victims of terrorism

    Title VI made amendments to the Victims of Crime Act of 1984 (VOCA) in order to make changes to how the U.S. Victims of Crime Fund was managed and funded. Changes were made to VOCA to improve the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers. Under the changes, payments must be made no later than 30 days after the officer is injured or killed in the line of duty.[125] The Assistant Attorney General was given expanded authority under section 614 of the USA PATRIOT Act to make grants to any organization that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program.[126] Further changes to the Victims of Crime Fund increased the amount of money in the Fund, and changed the way that funds were distributed.[127] The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas. Means testing was also waived for those who apply for compensation.[128] Under VOCA, the Director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory.[129] VOCA also provides for compensation and assistance to victims of terrorism or mass violence.[130] This was amended to allow the Director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.[131]

    [edit] Title VII: Increased information sharing for critical infrastructure protection

    Title VII has one section. The purpose of this title is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity.

    [edit] Title VIII: Terrorism criminal law

    Title VIII alters the definitions of terrorism, and establishes or re-defines rules with which to deal with it. It redefined the term "domestic terrorism" to broadly include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition also encompasses activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and are intended to "intimidate or coerce a civilian population," "influence the policy of a government by intimidation or coercion," or are undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping" while in the jurisdiction of the United States.[132] Terrorism is also included in the definition of racketeering.[133] Terms relating to cyber-terrorism are also redefined, including the term "protected computer," "damage," "conviction," "person," and "loss."[134]
    New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment.[135] The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for "prophylactic, protective, bona fide research, or other peaceful purposes." Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.[136]
    A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made a crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both.[137] U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities.[138] One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance."[139] This was struck down as unconstitutional by a U.S. Federal Court after the Humanitarian Law Project filed a civil action against the U.S. government. The court found that it violated the First and Fifth Amendments to the United States Constitution and the provision was so vague it would cause a person of average intelligence to have to guess whether they were breaking the law, thus leading to a potential situation where a person was charged for an offense that they had no way of knowing was illegal. The court found that this could potentially have the effect of allowing arbitrary and discriminatory enforcement of the law, as well as possible chilling effects on First Amendment rights.[140][141] Congress later improved the law by defining the definitions of the "material support or resources," "training," and "expert advise or resources."[142]
    Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone's medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years imprisonment.[143] The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have the capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to "facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces." The sum of $50,000,000 was authorized for establishing such labs.[144]

    [edit] Title IX: Improved Intelligence

    Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.[145] With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters.[146] International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.[147]
    A number of reports were commissioned relating to various intelligence-related government centers. One was commissioned into the best way of setting up the National Virtual Translation Center, with the goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community.[148] The USA PATRIOT Act required this to be provided on February 1, 2002, however the report, entitled "Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance the Intelligence Community's Foreign Language Capabilities, April 29, 2002" was received more than two months late, which the Senate Select Committee on Intelligence reported was "a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation."[149] Another report was commissioned on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury.[150] It was due by February 1, 2002 however, it was never written. The Senate Select Committee on Intelligence later complained that "[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of the USA PATRIOT Act" and they further directed "that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director's failure to comply with lawful reporting requirements."[151]
    Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1, 2002 or a date after February 1, 2002 if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized.[152] The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.[153] A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities.[147]

    [edit] Title X: Miscellaneous

    Title X created or altered a number of miscellaneous laws that did not really fit into the any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials.[154] The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ.[155] It amended the definition of "electronic surveillance" to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation.[156] Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from.[157] Aliens who committed money laundering were also prohibited from entering the U.S.[158] Grants were provided to first responders to assist them with responding to and preventing terrorism.[159] US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia.[160] The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI's database to flag suspected criminals.[161] Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.[162] The Department of Defense was given temporary authority to use their funding for private contracts for security purposes.[163] The last title also created a new Act called the Crimes Against Charitable Americans Act[164] which amended the Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing.[165] It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.[166]

    [edit] Reauthorizations

    The USA PATRIOT Act was reauthorized by two bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by both houses of Congress in July 2005. This bill reauthorized provisions of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions relating to the death penalty for terrorists,[167] enhancing security at seaports,[168] new measures to combat the financing of terrorism,[169] new powers for the Secret Service,[170] anti-Methamphetamine initiatives[171] and a number of other miscellaneous provisions. The second reauthorization act, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006.
    The first act reauthorized all but two of the provisions of Title II that would have expired. Two sections were changed to sunset on December 31, 2009: section 206 — the roving wiretap provision — and section 215, which allowed access to business records under FISA. Section 215 was amended further regardless so as to give greater judicial oversight and review. Such orders were also restricted to be authorized by only the FBI Director, the FBI Deputy Director, or the Executive Assistant Director for National Security, and minimization procedures were specified to limit the dissemination and collection of such information. Section 215 also had a "gag" provision, which was changed to allow the defendant to contact their Attorney.[172] However, the change also meant that the defendant was also made to tell the FBI who he (or she) was disclosing the order to — this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.[173]
    President Barack Obama, on Saturday, February 27, 2010, signed into law legislation that would temporarily extend for one year, three controversial provisions of the Patriot Act that had been set to expire:[174] [175] [176]
    • Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
    • Allow court-approved seizure of records and property in anti-terrorism operations.
    • Permit surveillance against a so-called lone wolf, a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.
    [177]
    In a vote on February 8, 2011, the House of Representatives considered a further extension of the Act through the end of 2011.[178] House leadership moved the extension bill under suspension of the rules, which is intended for noncontroversial legislation and requires two-thirds majority to pass.[178] After the vote, the extension bill did not pass; 277 members voted in favor, which was less than the 290 votes needed to pass the bill under suspension of the rules.[178] Without an extension, the Act set to expire on February 28, 2011.
    As NSL provisions of the USA PATRIOT Act had been struck by the courts[123] the reauthorization Act amended the law in an attempt to make them lawful. It provided for judicial review and the legal right of a recipient to challenge the validity of the letter. The reauthorization act still allowed NSLs to be closed and all evidence to be presented in camera and ex parte.[179] Gag provisions were maintained, but were not automatic. They only occurred when the Deputy Assistant Director of the FBI or a Special Agent in Charge in a Bureau field office certified that disclosure would result in "a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person".[180] However, should there be no non-disclosure order, the defendant can disclose the fact of the NSL to anyone who can render them assistance in carrying out the letter, or to an attorney for legal advice. Again, however, the recipient was ordered to inform the FBI of such a disclosure.[180] Because of the concern over the chilling effects of such a requirement, the Additional Reauthorization Amendments Act removed the requirement to inform the FBI that the recipient spoke about the NSL to their Attorney.[181] Later, the Additional Reauthorization Amendments Act excluded libraries from receiving NSLs, except where they provide electronic communications services.[182] The reauthorization Act also ordered the Attorney General submit a report semi-annually to the House and Senate Judiciary Committees, the House and Senate Intelligence Committees and the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs on all NSL request made under the Fair Credit Reporting Act.[183]
    Changes were made to the roving wiretap provisions of the USA PATRIOT Act. Applications and orders for such wiretaps must describe the specific target of the electronic surveillance if the identity of the target is not known. If the nature and location of each of the facilities or places targeted for surveillance is not known, then after 10 days the agency must provide notice to the court. The notice must include the nature and location of each new facility or place at which the electronic surveillance was directed. It must also describe the facts and circumstances relied upon by the applicant to justify the applicant's belief that each new surveillance place or facility under surveillance is or was being used by the target of the surveillance. The applicant must also provide a statement detailing any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed. Applicants must detail the total number of electronic surveillances that have been or are being conducted under the authority of the order.[184]
    Section 213 of the USA PATRIOT Act was modified. Previously it stated that delayed notifications would be made to recipients of "sneak and peek" searches in a "reasonable period". This was seen as unreasonable, as it was undefined and could potentially be used indefinitely. Thus, the reauthorization act changed this to a period not exceeding 30 days after the date of the execution of the search warrant. Courts were given the opportunity to extend this period if they were provided good cause to do so. Section 213 states that delayed notifications could be issued if there is "reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result". This was criticized, particularly by the ACLU, for allowing potential abuse by law enforcement agencies[185] and was later amended to prevent a delayed notification "if the adverse results consist only of unduly delaying a trial."[186]
    The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.[187] The duration of FISA surveillance and physical search orders were increased. Surveillance performed against "lone wolf terrorists" under section 207 of the USA PATRIOT Act were increased to 120 days for an initial order, while pen registers and trap and trace device extensions under FISA were increased from 90 days to a year. The reauthorization act also increased congressional oversight, requiring a semi-annual report into physical searches and the use of pen registers and trap and trace devices under FISA.[188] The "lone wolf terrorist" provision (Section 207) was a sunset provision that also was to have expired, however this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004. The reauthorization act extended the expiration date to December 31, 2009.[189] The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act[142] was also made permanent.[190] The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism.[191] Other provisions of the reauthorization act was to merge the law outlawing train wrecking (18 U.S.C. § 992) and the law outlawing attacks on mass transportation systems (18 U.S.C. § 1993) into a new section of Title 18 of the U.S. Code (18 U.S.C. § 1992) and also to criminalize the act of planning a terrorist attack against a mass transport system.[192][193] Forfeiture law was further changed and now assets within U.S. jurisdiction will be seized for illegally trafficking in nuclear, chemical, biological or radiological weapons technology or material, if such offense is punishable under foreign law by death or imprisonment for a term exceeding one year. Alternatively, this applies if similar punishment would be so punishable if committed within the U.S.[194] A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.[195]

    [edit] Controversy

    The USA PATRIOT Act has generated a great deal of controversy since its enactment. Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 attacks, believing there to have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed. (Senators Patrick Leahy and Russell Feingold proposed amendments to modify the final revision.)[12][196][197] The sheer magnitude of the Act itself was noted by Michael Moore in his controversial film Fahrenheit 9/11. In one of the scenes of the movie, he records Congressman Jim McDermott alleging that no Senator read the bill[198] and John Conyers, Jr. as saying, "We don't read most of the bills. Do you really know what that would entail if we read every bill that we passed?" Congressman Conyers then answers his own rhetorical question, asserting that if they did it would "slow down the legislative process".[199] As a dramatic device, Moore then hired an ice-cream van and drove around Washington, D.C. with a loud speaker, reading out the Act to puzzled passers-by, which included a few Senators.[200] However, Moore was not the only commentator to notice that not many people had read the Act. When Dahlia Lithwick and Julia Turne for Slate asked, "How bad is PATRIOT, anyway?", they decided that it was "hard to tell" and stated:
    The ACLU, in a new fact sheet challenging the DOJ Web site, wants you to believe that the act threatens our most basic civil liberties. Ashcroft and his roadies call the changes in law "modest and incremental." Since almost nobody has read the legislation, much of what we think we know about it comes third-hand and spun. Both advocates and opponents are guilty of fear-mongering and distortion in some instances.[201]
    The Electronic Privacy Information Center (EPIC) has criticized the law as unconstitutional, especially when "the private communications of law-abiding American citizens might be intercepted incidentally",[202] while the Electronic Frontier Foundation held that the lower standard applied to wiretaps "gives the FBI a 'blank check' to violate the communications privacy of countless innocent Americans".[45] Others do not find the roving wiretap legislation to be as concerning. Professor David D. Cole of the Georgetown University Law Center, a critic of many of the provisions of the Act, found that though they come at a cost to privacy are a sensible measure[203] while Paul Rosenzweig, a Senior Legal Research Fellow in the Center for Legal and Judicial Studies at the Heritage Foundation, argues that roving wiretaps are just a response to rapidly changing communication technology that is not necessarily fixed to a specific location or device.[204]
    The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order.[205] James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[206] and the EFF criticizes the provision's lack of notice. However, the EFF's criticism is more extensive — they believe that the amendment "is in possible violation of the Fourth Amendment to the U.S. Constitution" because previously if the FBI listened to voicemail illegally, it could not use the messages in evidence against the defendant.[207] Others disagree with these assessments. Professor Orin Kerr, of the George Washington University school of law, believes that the ECPA "adopted a rather strange rule to regulate voicemail stored with service providers" because "under ECPA, if the government knew that there was one copy of an unopened private message in a person's bedroom and another copy on their remotely stored voicemail, it was illegal for the FBI to simply obtain the voicemail; the law actually compelled the police to invade the home and rifle through peoples' bedrooms so as not to disturb the more private voicemail." In Professor Kerr's opinion, this made little sense and the amendment that was made by the USA PATRIOT Act was reasonable and sensible.[208]
    The USA PATRIOT Act's expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF.[209] They believe that agencies will be able to "'shop' for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no—even if the warrant doesn't satisfy the strict requirements of the Fourth Amendment to the Constitution",[210] and that it reduces the likelihood that smaller ISPs or phone companies will try to protect the privacy of their clients by challenging the warrant in court — their reasoning is that "a small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it."[210] They believe that this is bad because only the communications provider will be able to challenge the warrant as only they will know about it—many warrants are issued ex parte, which means that the target of the order is not present when the order is issued.[210]
    For a time, the USA PATRIOT Act allowed for agents to undertake "sneak and peek" searches.[40] Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment,[211] with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed.[212][213] However supporters of the amendment, such as Heather Mac Donald, a fellow at the Manhattan Institute and contributing editor to the New York City Journal, expressed the belief that it was necessary because the temporary delay in notification of a search order stops terrorists from tipping off counterparts who are being investigated.[214] In 2004, FBI agents used this provision to search and secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. While the U.S. Government did publicly apologize to Mayfield and his family,[215] Mayfield took it further through the courts. On September 26, 2007, judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment.[41][42]
    Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. The EFF argues that had this law been enacted during Apartheid, U.S. citizens would not have been able to support the African National Congress (ANC) as the EFF believe the ANC would have been classed as a terrorist organization. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law, and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.[216] Another group, the Humanitarian Law Project, also objected to the provision prohibiting "expert advise and assistance" to terrorists and filed a suit against the U.S. government to have it declared unconstitutional. They succeeded, and a Federal Court found that the law was vague enough to cause a reasonable person to guess whether they were breaking the law or not. Thus they found it violated the First Amendment rights of U.S. citizens, and struck it down.[140][141]
    Perhaps one of the biggest controversies involved the use of NSLs by the FBI. Because they allow the FBI to search telephone, email, and financial records without a court order, they were criticized by many parties.[217][218][219][220] In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 505 of the USA PATRIOT Act and despite the volume of requests insisted "We are not inclined to ask courts to endorse fishing expeditions".[221] Before this was revealed, however, the ACLU challenged the constitutionality of NSLs in court. In April 2004, they filed suit against the government on behalf of an unknown Internet Service Provider who had been issued an NSL, for reasons unknown. In ACLU v. DoJ, the ACLU argued that the NSL violated the First and Fourth Amendments of the U.S. Constitution because the USA PATRIOT Act failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court. The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional.[123] Congress later tried to remedy this in a reauthorization Act, but because they did not remove the non-disclosure provision a Federal court again found NSLs to be unconstitutional because they prevented courts from engaging in meaningful judicial review.[222][223][224]
    Another provision of the USA PATRIOT Act has caused a great deal of consternation amongst librarians. Section 215 allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Among the "tangible things" that could be targeted, it includes "books, records, papers, documents, and other items".[46] Supporters of the provision point out that these records are held by third parties, and therefore are exempt from a citizen's reasonable expectations of privacy and also maintain that the FBI has not abused the provision.[225] As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used.[226] However, despite protestations to the contrary, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons' privacy.[227] They urged librarians to seek legal advice before complying with a search order and advised their members to only keeping records for as long as was legally needed.[228] Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.[229][230][231]
    In 2005, Library Connection, a nonprofit consortium of 27 libraries in Connecticut, received a National Security Letter (NSL) from the FBI, along with its accompanying perpetual gag order, demanding library patrons’ records. George Christian, executive director of Library Connection, and three members of the executive committee of the board engaged the ACLU to file suit to challenge the constitutional validity of the NSL. Because Section 505 of the USA PATRIOT Act, which authorizes the FBI to demand records without prior court approval, also forbids, or gags, anyone who receives an NSL from telling anyone else about receiving it, they also challenged the validity of the gag order. For almost a year the ACLU fought to lift the gag order, challenging the government’s power under Section 505 to silence four citizens who wished to contribute to public debate on the PATRIOT Act. In May 2006, the government finally gave up its legal battle to maintain the gag order. On June 26, 2006, the ACLU announced that, after dropping its defense of the gag provision accompanying the NSL request, the FBI abandoned the lawsuit entirely. The Connecticut Four were honored by the ALA with the 2007 Paul Howard Award for Courage for their challenge to the National Security Letter and gag order provision of the USA PATRIOT Act.[232] The Connecticut Four are: 1. George Christian, executive director of Library Connection 2. Peter Chase, vice president of Library Connection, director of the Plainville (CT) Public Library, and chairman of the Connecticut Library Association’s Intellectual Freedom Committee 3. Barbara Bailey, president of Library Connection and director of the Welles- Turner Memorial Library in Glastonbury, Connecticut 4. Jan Nocek, secretary of Library Connection and director of the Portland (CT) Library. In a summary of the actions of the Connecticut Four and their challenge to the USA PATRIOT Act, Jones (2009: 223) notes: “Librarians need to understand their country’s legal balance between the protection of freedom of expression and the protection of national security. Many librarians believe that the interests of national security, important as they are, have become an excuse for chilling the freedom to read.”[233]
    Another controversial aspect of the USA PATRIOT Act is the immigration provisions that allow for the indefinite detention of any alien whom the Attorney General believes may cause a terrorist act.[106] Before the USA PATRIOT Act was passed, Anita Ramasastry, an associate professor of law and a director of the Shidler Center for Law, Commerce, & Technology at the University of Washington School of Law in Seattle, Washington, accused the Act of depriving basic rights for immigrants to America, including legal permanent residents. She warned that "Indefinite detention upon secret evidence — which the USA PATRIOT Act allows — sounds more like Taliban justice than ours. Our claim that we are attempting to build an international coalition against terrorism will be severely undermined if we pass legislation allowing even citizens of our allies to be incarcerated without basic U.S. guarantees of fairness and justice."[234] Many other parties have also been strongly critical of the provision. Russell Feingold, in a Senate floor statement, claimed that the provision "falls short of meeting even basic constitutional standards of due process and fairness [as it] continues to allow the Attorney General to detain persons based on mere suspicion".[235] The University of California passed a resolution condemning (amongst other things) the indefinite detention provisions of the Act,[236] while the ACLU has accused the Act of giving the Attorney General "unprecedented new power to determine the fate of immigrants... Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial."[237]
    Another controversial aspect of the USA PATRIOT Act is its effect on the privacy of Canadians living in the province of British Columbia (B.C.). British Columbia’s privacy commissioner raises concerns that the USA PATRIOT Act will allow the United States government to access Canadians' private information, such as personal medical records, that are outsourced to American companies. Although the government of B.C. has taken measures to prevent United States authorities from obtaining information, the widespread powers of the USA PATRIOT Act could overcome legislation that is passed in Canada.[238] B.C. Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, “once information is sent across borders, it’s difficult, if not impossible, to control”.[239]
    In an effort to maintain their privacy, British Columbia placed amendments on the Freedom of Information and Protection of Privacy Act (FOIPPA), which was enacted as law on October 21, 2004. These amendments aim to place more firm limitations on “storing, accessing, and disclosing of B.C. public sector data by service providers.”[240] These laws only pertain to public sector data and do not cover trans-border or private sector data in Canada. The public sector establishments include an estimated 2,000 “government ministries, hospitals, boards of health, universities and colleges, school boards, municipal governments and certain Crown corporations and agencies.”[240] In response to these laws, many companies are now specifically opting to host their sensitive data outside the United States.[241]
    Legal action has been taken in Nova Scotia to protect the province from the USA PATRIOT Act’s data collecting methods. On November 15, 2007 the government of Nova Scotia passed a legislation aimed to protect Nova Scotians’ personal information from being brought forward by the USA PATRIOT Act. The act was entitled “The new Personal Information International Disclosure Protection Act”. The goal of the act is to establish requirements to protect personal information from being revealed, as well as punishments for failing to do so. Justice Minister Murray Scott stated, "This legislation will help ensure that Nova Scotians' personal information will be protected. The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled."[242]


    [edit] See also

    [edit] References

    1. ^ Public Law Pub.L. 107-56
    2. ^ May 27, 2011 "Obama Signs Last-Minute Patriot Act Extension". Fox News. http://www.foxnews.com/politics/2011/05/27/senate-clearing-way-extend-patriot-act/%7Cdate May 27, 2011. Retrieved May 27, 2011. 
    3. ^ Mascaro, Lisa (May 27, 2011). "Congress votes in time to extend key Patriot Act provisions". Los Angeles Times. http://www.latimes.com/news/nationworld/nation/la-na-patriot-act-20110527,0,7749454.story. Retrieved 2011-05-27. 
    4. ^ "Safe Act Co-Sponsors say PATRIOT Act Conference Report Unacceptable", Washington Times, November 5, 2005.
    5. ^ Full Text of Enrolled Bill H.R. 3162, GovTrack.us
    6. ^ H.R. 2975, THOMAS
    7. ^ S. 1510, THOMAS
    8. ^ 2001 Congressional Record, Vol. 147, Pg. 25, 2001&publication=CREC S11020October 25, 2001
    9. ^ 2001 Congressional Record, Vol. 147, Pg. 25, 2001&publication=CREC S11021October 25, 2001
    10. ^ a b 2001 Congressional Record, Vol. 147, Pg. 25, 2001&publication=CREC S11022October 25, 2001
    11. ^ H.R. 3162, THOMAS
    12. ^ a b 2001 Congressional Record, Vol. 147, Pg. 25, 2001&publication=CREC S10991October 25, 2001
    13. ^ "'Trust me' just doesn't fly". USA Today. April 12, 2005. http://www.usatoday.com/news/opinion/2005-04-12-patriot-act-our_x.htm. Retrieved July 11, 2008. "The conspiracies indictment disclosed Tuesday of three men already awaiting trial in England is a reminder that terrorism is a real threat, and most of the law is non-controversial." 
    14. ^ Steranko, Anastasia (September 19, 2003). "PATRIOT Act inspires discussion of civil liberties". The Pitt News. http://media.www.pittnews.com/media/storage/paper879/news/2003/09/19/News/Patriot.Act.Inspires.Discussion.Of.Civil.Liberties-1791796.shtml?sourcedomain=www.pittnews.com&MIIHost=media.collegepublisher.com. Retrieved July 11, 2008. 
    15. ^ Haigh, Anna (February 13, 2004). "Debate around Patriot Act increases". News (The Daily Pennsylvanian). http://media.www.dailypennsylvanian.com/media/storage/paper882/news/2004/02/13/News/Debate.Around.Patriot.Act.Increases-2152367.shtml?sourcedomain=www.dailypennsylvanian.com&MIIHost=media.collegepublisher.com. Retrieved July 11, 2008. 
    16. ^ THOMAS, S.1552.
    17. ^ H.R. 3171, THOMAS
    18. ^ S.1709, THOMAS
    19. ^ PBS (February 7, 2007), Now with Bill Moyers, transcript.
    20. ^ EFF Analysis of "Patriot II," Provisions of the Domestic Security Enhancement Act of 2003, Electronic Frontier Foundation. Retrieved August 30, 2007.
    21. ^ "Control Sheet of the "Domestic Security Enhancement Act of 2003"" (PDF). Archived from the original on July 7, 2007. http://web.archive.org/web/20070707021138/http://publicintegrity.org/dtaweb/downloads/Story_01_020703_Doc_2.pdf. . Retrieved August 30, 2007.
    22. ^ Singel, Ryan (March 12, 2003). "A Chilly Response to 'Patriot II'". Politics : Law (Wired News). http://www.wired.com/politics/law/news/2003/02/57636. Retrieved July 11, 2008. 
    23. ^ United States Department of Justice (February 7, 2007), Statement of Barbara Comstock, Director of Public Affairs
    24. ^ 2001 Congressional Record, Vol. 147, Pg. 11, 2001&publication=CREC S9368September 11, 2001
    25. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1002.
    26. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 218.
    27. ^ Andrew C. McCarthy, "Why Section 218 Should be Retained". Retrieved January 23, 2006. The Patriot Debates.
    28. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 214.
    29. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 207.
    30. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 203.
    31. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 216.
    32. ^ Analysis of Specific USA PATRIOT Act Provisions: Pen Registers, the Internet and Carnivore, Electronic Privacy Information Center. Accessed December 4, 2005.
    33. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 219.
    34. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 204 & 209.
    35. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 217.
    36. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 211.
    37. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 210.
    38. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 212.
    39. ^ Field Guidance on New Authorities (Redacted), Federal Bureau of Investigation (hosted by the Electronic Privacy Information Center). Retrieved September 24, 2007.
    40. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 213.
    41. ^ a b Singel, Ryan (September 26, 2007). "Court Strikes Down 2 Key Patriot Act Provisions". Surveillance, The Courts (Wired). http://blog.wired.com/27bstroke6/2007/09/court-strikes-2.html. 
    42. ^ a b Keller, Susan Jo (September 27, 2007). "Judge Rules Provisions in Patriot Act to Be Illegal". New York Times. http://www.nytimes.com/2007/09/27/washington/27patriot.html?ref=us. 
    43. ^ United States Department of Justice, The USA PATRIOT Act: Preserving Life and Liberty, pg. 2. Retrieved September 24, 2007.
    44. ^ James Dempsey, "Why Section 206 Should be Modified" (undated), accessed January 7, 2006.
    45. ^ a b "Let the Sun Set on PATRIOT - Section 206". Electronic Frontier Foundation. Archived from the original on June 5, 2006. http://web.archive.org/web/20060605152308/https://www.eff.org/patriot/sunset/206.php. Retrieved December 21, 2011. 
    46. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 215.
    47. ^ Phillips, Heather A., "Libraries and National Security Law: An Examination of the USA Patriot Act". Progressive Librarian, Vol. 25, Summer 2005
    48. ^ American Library Association, Resolution on the USA PATRIOT Act and Libraries, enacted June 29, 2005
    49. ^ Mac Donald, Heather (Summer 2003). "Straight Talk on Homeland Security". City Journal. http://www.city-journal.org/html/13_3_straight_talk.html. 
    50. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 208.
    51. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 221.
    52. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 205.
    53. ^ O'Harrow, Jr., Robert (October 27, 2002). "Six Weeks in Autumn". The Washington Post: p. W06. http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&contentId=A1999-2002Oct22&notFound=true. Retrieved July 11, 2008. 
    54. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 224.
    55. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 311.
    56. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 314.
    57. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 317.
    58. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312, 313, 319 & 325.
    59. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 327.
    60. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 313.
    61. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 312.
    62. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 319.
    63. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 325.
    64. ^ Amendment made to 18 U.S.C. § 1956(c)(7)(B)(ii) — for some reason an extra parenthesis was inserted into 18 U.S.C. § 1956(c)(7)(B)(iii), according to Cornell University, this was probably mistakenly added by law makers
    65. ^ Illegal export of controlled munitions is defined in the United States Munitions List, which is part of the Arms Export Control Act (22 U.S.C. § 2778)
    66. ^ See 18 U.S.C. § 922(l) and 18 U.S.C. § 925(d)
    67. ^ Defined in 15 CFR 730–774
    68. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 315.
    69. ^ Defined in 18 U.S.C. § 541
    70. ^ Defined in 18 U.S.C. § 1030
    71. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 320. Amended 18 U.S.C. § 981(A)(1)(B)
    72. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 323. Amended 28 U.S.C. § 2467
    73. ^ Pursuant to 18 U.S.C. § 983(j)
    74. ^ 28 U.S.C. § 2467(d)(3)(A)
    75. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 328.
    76. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle A, Sec. 330.
    77. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 356.
    78. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 365.
    79. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 359.
    80. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352, 354 & 365.
    81. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 361.
    82. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 362.
    83. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 352.
    84. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 354.
    85. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 353.
    86. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 364.
    87. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle B, Sec. 360.
    88. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371.
    89. ^ So defined in 31 U.S.C. § 5313, 31 U.S.C. § 5316 and 31 U.S.C. § 5324
    90. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 372. Amended 31 U.S.C. § 5317(c)
    91. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 371. Amended 18 U.S.C. § 1960
    92. ^ "The Patriot Act: Justice Department Claims Success". National Public Radio. July 20, 2005. http://www.npr.org/templates/story/story.php?storyId=4756706. 
    93. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 374. Amended 18 U.S.C. § 1960
    94. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 376. Amended 18 U.S.C. § 1956(c)(7)(D)
    95. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title III, Subtitle C, Sec. 377.
    96. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 401.
    97. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 402.
    98. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 404. Amended the Department of Justice Appropriations Act, 2001.
    99. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 403. Amends 8 U.S.C. § 1105
    100. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Sec. 403. Final regulations are specified in 22 C.F.R. 40.5
    101. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle A, Sec. 405.
    102. ^ National Institute of Standards and Technology, November 14, 2002. "Use of Technology Standards and Interoperable Databases With Machine-Readable, Tamper-Resistant Travel Documents" (Appendix A)
    103. ^ NIST Image Group's Fingerprint Research, see the section "NIST Patriot Act Work" (accessed June 28, 2006)
    104. ^ a b c d USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 411.
    105. ^ As specified in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; see 22 U.S.C. § 2656f(d)(2)
    106. ^ a b c d e USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 412. A new section was created by the Act — 8 U.S.C. § 1226a
    107. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 414.
    108. ^ 8 U.S.C. § 1372(a)
    109. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 416.
    110. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 417.
    111. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle B, Sec. 418.
    112. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IV, Subtitle C.
    113. ^ Office of Patrick Leahy, USA PATRIOT Act Section-by-section analysis
    114. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 501.
    115. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended 22 U.S.C. § 2708(b)(5)
    116. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended 22 U.S.C. § 2708(b)(6)
    117. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 502. Amended 22 U.S.C. § 2708(e)(1)
    118. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended 42 U.S.C. § 14135a(d)(2)
    119. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 503. Amended 50 U.S.C. § 1825
    120. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 506.
    121. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 507.
    122. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title V, Sec 505. Amended 18 U.S.C. § 2709(b); Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3414(a)(5)(A)) and Section 624 of the Fair Credit Reporting Act (15 U.S.C. § 1681u).
    123. ^ a b c Doe v. Ashcroft, 334 F.Supp.2d 471 (S.D.N.Y. 2004) source
    124. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title I, Sec. 115 & 116
    125. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 611.
    126. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle A, Sec. 614.
    127. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 621
    128. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 622.
    129. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 623. Amended 42 U.S.C. § 10603(b)(1)
    130. ^ 42 U.S.C. § 10603b
    131. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VI, Subtitle B, Sec. 624.
    132. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 802.
    133. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 813. Amended 18 U.S.C. § 1961(1)
    134. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814. Amended 18 U.S.C. § 1030(e)
    135. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 801.
    136. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 817.
    137. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 803. Created 18 U.S.C. § 2339
    138. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 806. Amends 18 U.S.C. § 981
    139. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Section 805(a)(2)(B).
    140. ^ a b Humanitarian Law Project et al. v. John Ashcroft, Findlaw
    141. ^ a b "Key Patriot Act provision ruled unconstitutional under the First Amendment" (Press release). Humanitarian Law Project. January 26, 2004. http://hlp.home.igc.org/docs/press/patact012604.html. Retrieved July 11, 2008. "January 26, 2004: The Center for Constitutional Rights announced today that a federal court in Los Angeles has declared unconstitutional a provision of the USA PATRIOT Act, enacted six weeks after the terrorist attacks of September 11, 2001. This is the first judicial ruling in the country declaring part of the USA PATRIOT Act unconstitutional. In a decision issued late Friday, U.S. District Judge Audrey Collins ruled that a ban on providing "expert advice and assistance" to terrorist groups violates the First and Fifth Amendments to the Constitution because it is so vague that it "could be construed to include unequivocally pure speech and advocacy protected by the First Amendment."" 
    142. ^ a b Intelligence Reform and Terrorism Prevention Act (U.S. S. 2845, Public Law 108-458), Title VI, Subtitle F, Sec. 6603.
    143. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 814.
    144. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title VIII, Sec. 816.
    145. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 901.
    146. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 905.
    147. ^ a b USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 903.
    148. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 906.
    149. ^ Senate Report 107-149 – "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "National Virtual Translation Center"
    150. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 907.
    151. ^ Senate Report 107-149 – "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "Foreign Terrorist Asset Tracking Center"
    152. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 904.
    153. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title IX, Sec. 908.
    154. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1012.
    155. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1001.
    156. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1003.
    157. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1004.
    158. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1006.
    159. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1005.
    160. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1007.
    161. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1008.
    162. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1009.
    163. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1010.
    164. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (a).
    165. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (b).
    166. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title X, Sec. 1011 (c).
    167. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title II ("Terrorist Death Penalty Enhancement")
    168. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title III ("Reducing Crime and Terrorism at America's Seaports")
    169. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title IV ("Combating Terrorism Financing")
    170. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177) Title VI ("Secret Service")
    171. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title VII ("Combating Methamphetamine Epedemic Act of 2005")
    172. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 106
    173. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 3.
    174. ^ The reauthorization of the Patriot Act Feb 2010 http://www.csmonitor.com/USA/Politics/2010/0301/Obama-signs-Patriot-Act-extension-without-reforms/
    175. ^ Obama signs one year extension of Patriot Act http://www.clevelandleader.com/node/13183
    176. ^ Democratic Underground - Obama signs Patriot Act http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4287047
    177. ^ Sections of the Patriot act that will remain as of Feb 2010 http://www.foxnews.com/politics/2010/02/27/obama-signs-year-extension-patriot-act/
    178. ^ a b c Breshahan, Jake; Cogan, Marin (February 8, 2011). "Rank-and-file take down Patriot Act in House". Politico. http://www.politico.com/news/stories/0211/49126.html. 
    179. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 115
    180. ^ a b USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 116
    181. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 4.
    182. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. S. 2271, Public Law 109-178), Sec. 5.
    183. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 118
    184. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 108
    185. ^ American Civil Liberties Union, ACLU Letter to Congress Urging A "No" Vote On the USA PATRIOT Improvement and Reauthorization Act Conference Report (December 12, 2005), accessed on October 6, 2007.
    186. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 114
    187. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 107
    188. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 109
    189. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 105
    190. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 104
    191. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 112
    192. ^ Yeah, Brian T.; Doyle, Charles (December 21, 2006) (PDF). USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis. Congressional Research Service. p. 24. http://fpc.state.gov/documents/organization/78416.pdf. Retrieved July 11, 2008 
    193. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 110
    194. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 111.
    195. ^ USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199, Public Law 109-177), Title I, Sec. 127.
    196. ^ "History of the Patriot Act". Electronic Privacy Information Center. http://www.epic.org/privacy/terrorism/usapatriot/#introduction. Retrieved July 11, 2008. "Though the Act made significant amendments to over 15 important statutes, it was introduced with great haste and passed with little debate, and without a House, Senate, or conference report. As a result, it lacks background legislative history that often retrospectively provides necessary statutory interpretation." 
    197. ^ "EFF Analysis Of The Provisions Of The USA PATRIOT Act That Relate To Online Activities". Electronic Frontiers Foundation. October 31, 2001. http://www.eff.org/Privacy/Surveillance/Terrorism/20011031_eff_usa_patriot_analysis.php. Retrieved October 12, 2007. "...it seems clear that the vast majority of the sections included were not carefully studied by Congress, nor was sufficient time taken to debate it or to hear testimony from experts outside of law enforcement in the fields where it makes major changes." 
    198. ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:01:39–01:01:47.
    199. ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:02–01:02:15.
    200. ^ Michael Moore, Fahrenheit 9/11 (documentary). Timestamp: 01:02:35–01:02:43.
    201. ^ Lithwick, Dahlia; Turner, Julia (September 8, 2003). "A Guide to the Patriot Act, Part 1". Jurisprudence (Slate). http://www.slate.com/id/2087984/. 
    202. ^ "Analysis of Specific USA PATRIOT Act Provisions: Expanded Dissemination of Information Obtained in Criminal Investigations". Analysis. Electronic Privacy Information Center. http://www.epic.org/privacy/terrorism/usapatriot/#Analysis. Retrieved July 11, 2008. 
    203. ^ Cole, David. "The Patriot Act Violates Our Civil Liberties". Is the Patriot Act Unconstitutional? (Microsoft Encarta). http://encarta.msn.com/sidebar_701713501/Is_the_Patriot_Act_Unconstitutional.html 
    204. ^ Rosenzweig, Paul. "Terrorism is not just a crime". Patriot Debates (American Bar Association). http://www.abanet.org/natsecurity/patriotdebates/206-2#rebuttal 
    205. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 209.
    206. ^ James X. Dempsey, "Why Sections 209, 212, and 220 Should be Modified" (undated). Retrieved October 15, 2007.
    207. ^ EFF, "Let the Sun Set on PATRIOT – Section 209: 'Seizure of VoiceMail Messages Pursuant to Warrants'". Retrieved December 29, 2005
    208. ^ Orin Kerr, "Why Sections 209, 212, and 220 Should be Modified" (undated). Retrieved October 12, 2007.
    209. ^ USA PATRIOT Act (U.S. H.R. 3162, Public Law 107-56), Title II, Sec. 220.
    210. ^ a b c EFF, "Let the Sun Set on PATRIOT – Section 220: 'Nationwide Service of Search Warrants for Electronic Evidence'". Retrieved October 12, 2007.
    211. ^ Analysis of Specific USA PATRIOT Act Provisions: Authority to Conduct Secret Searches ("Sneak and Peek"), Electronic Privacy Information Center. Accessed December 5, 2005.
    212. ^ "Uncle Sam Asks: "What the hell is going on here?" in New ACLU Print and Radio Advertisements" (Press release). American Civil Liberties Union. September 10, 2003. http://www.aclu.org/safefree/patriot/16745prs20030903.html. 
    213. ^ "ACLU Ad On "Sneak-and-Peek" Searches: Overblown". FactCheck.org. September 21, 2004. http://www.factcheck.org/aclu_ad_on_sneak-and-peek_searches_overblown.html 
    214. ^ Heather Mac Donald (undated), "Sneak-and-Peek in the Full Light of Day". American Bar Association. Retrieved October 12, 2007.
    215. ^ "Apology Note from the United States Government". Washington Post. November 29, 2006. http://www.washingtonpost.com/wp-dyn/content/article/2006/11/29/AR2006112901155.html?nav=rss_nation/nationalsecurity. 
    216. ^ EFF, "Let the Sun Set on PATRIOT – Section 201: 'Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism,' and Section 805, 'Material Support for Terrorism'". Retrieved 2007-10-12.
    217. ^ Although FBI officials have a series of internal "checks and balances" that must be met before the issue of an NSL, many government officials still cried foul.most controversial parts of the legislation were the National Security Letter (NSL) provisions/nationalsecurityletters/index.html "National Security Letters main page of the ACLU". American Civil Liberties Union. http://www.aclu.org/safefreee most controversial parts of the legislation were the National Security Letter (NSL) provisions/nationalsecurityletters/index.html. Retrieved October 13, 2007. [dead link]
    218. ^ "Let the Sun Set on PATRIOT Section 505 – National Security Letters (NSLs)". Electronic Frontiers Foundation. http://www.eff.org/patriot/sunset/505.php. Retrieved October 13, 2007. 
    219. ^ "EPIC: National Security Letters (NSLs)". Electronic Privacy Information Center. http://www.epic.org/privacy/nsl/. Retrieved July 11, 2008. 
    220. ^ "FBI Unbound: How National Security Letters Violate Our Privacy". Bill of Rights Defense Committee. http://www.bordc.org/nsl/. Retrieved July 11, 2008. 
    221. ^ Dunham, Richard S. (November 10, 2005). "The Patriot Act: Business Balks". BusinessWeek. http://www.businessweek.com/bwdaily/dnflash/nov2005/nf20051110_9709_db016.htm. Retrieved July 11, 2008. 
    222. ^ "Federal Court Strikes Down National Security Letter Provision of Patriot Act" (Press release). American Civil Liberties Union. September 6, 2007. http://www.aclu.org/safefree/nationalsecurityletters/31580prs20070906.html. "NEW YORK – A federal court today struck down the amended Patriot Act's National Security Letter (NSL) provision. The law has permitted the FBI to issue NSLs demanding private information about people within the United States without court approval, and to gag those who receive NSLs from discussing them. The court found that the gag power was unconstitutional and that because the statute prevented courts from engaging in meaningful judicial review of gags, it violated the First Amendment and the principle of separation of powers." 
    223. ^ Eggen, Dan (September 7, 2007). "Judge Invalidates Patriot Act Provisions". Washington Post. p. A01. http://www.washingtonpost.com/wp-dyn/content/article/2007/09/06/AR2007090601438.html. 
    224. ^ Neumeister, Larry (September 7, 2007). "Judge Strikes Down Part of Patriot Act". London: Guardian. http://www.guardian.co.uk/uslatest/story/0,,-6903200,00.html. [dead link]
    225. ^ C. McCarthy, Andrew. "Why Sections 214 and 215 Should be Retained". American Bar Association. http://www.abanet.org/natsecurity/patriotdebates/214-and-215-2#opening. Retrieved July 11, 2008. 
    226. ^ "No Patriot Check Out At Libraries". CBS News. September 18, 2003. http://www.cbsnews.com/stories/2003/08/19/national/main569135.shtml. 
    227. ^ "Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users". American Library Association. January 29, 2003. http://www.ala.org/Template.cfm?Section=ifresolutions&Template=/ContentManagement/ContentDisplay.cfm&ContentID=11891. Retrieved July 11, 2008. 
    228. ^ Kasindorf, Martin (December 16, 2003). "FBI's reading list worries librarians". USA Today. http://www.usatoday.com/news/nation/2002-12-16-librarians-usat_x.htm. Retrieved July 11, 2008. 
    229. ^ Murphy, Dean E. (2003-04-0). "Some Librarians Use Shredder to Show Opposition to New F.B.I. Powers". New York Times. http://query.nytimes.com/gst/fullpage.html?res=940DE7DF1338F934A35757C0A9659C8B63. Retrieved July 11, 2008. 
    230. ^ "Libraries Rally Against USA Patriot Act". Politics (Fox News Channel). May 7, 2003. http://www.foxnews.com/story/0,2933,86167,00.html. Retrieved July 11, 2008. 
    231. ^ Graham, Judith (April 3, 2003). "Libraries warning patrons: Federal government may be spying on you.". Chicago Tribune. 
    232. ^ McCook, Kathleen de la Peña (2011). Introduction to Public Librarianship, pp. 63-64. Neal-Schuman.
    233. ^ Jones, Barbara M. 2009. “Librarians Shushed No More: The USA Patriot Act, the ‘Connecticut Four,’ and Professional Ethics." Newsletter on Intellectual Freedom 58, no. 6: 195, 221–223.
    234. ^ Ramasastry, Anita (October 5, 2001). Indefinite detention based on suspicion: How The Patriot Act Will Disrupt Many Lawful Immigrants’ Lives. FindLaw. http://writ.news.findlaw.com/commentary/20011005_ramasastry.html. Retrieved July 11, 2008 
    235. ^ Feingold, Russell (October 25, 2001). "Statement Of U.S. Senator Russ Feingold On The Anti-Terrorism Bill From The Senate Floor". http://feingold.senate.gov/speeches/01/10/102501at.html. Retrieved July 11, 2008. 
    236. ^ "Resolution Passed at the May 6, 2004 Special Meeting of the Berkeley Division of the Academic Senate" (PDF). University of California. http://www.universityofcalifornia.edu/senate/reports/patriotact0704.pdf. Retrieved July 11, 2008. 
    237. ^ "Surveillance Under the USA PATRIOT Act > Non surveillance provisions". American Civil Liberties Union. April 3, 2003. http://www.aclu.org/safefree/general/17326res20030403.html. Retrieved July 11, 2008. 
    238. ^ "Patriot Act will prevail over B.C. privacy legislation". October 29, 2004. http://www.nupge.ca/news_2004/n28oc04d.htm. Retrieved March 6, 2008. 
    239. ^ "USA Patriot Act comes under fire in B.C. report". CBC News. October 30, 2004. http://www.cbc.ca/canada/story/2004/10/29/patriotact_bc041029.html. Retrieved March 6, 2008. 
    240. ^ a b "British Columbia Responds to USA Patriot Act with Tough New Rules on How Service Providers Manage Public Sector Data". November 11, 2004. Archived from the original on May 6, 2006. http://web.archive.org/web/20060506011905/http://www.osler.com/resources.aspx?id=8241. Retrieved March 6, 2008. 
    241. ^ "Hosting Sensitive Data? Canada May be the Answer". Internet Industry Watch. November 25, 2010. http://www.internetindustrywatch.com/2010/11/hosting-sensitive-data-canada-may-be-the-answer/. Retrieved December 7, 2010. 
    242. ^ "Protection of Privacy Legislation Proclaimed". November 15, 2006. http://google.com/search?q=cache:eDeYdfYYV7sJ:www.gov.ns.ca/news/details.asp%3Fid%3D20061115005+nova+scotia+patriot+act&hl=en&ct=clnk&cd=6&gl=us. Retrieved March 6, 2008. 

    [edit] Further reading

    [edit] Law review articles

    [edit] Books

    • Brasch, Walter. America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights. Peter Lang Publishing, 2005. ISBN 0820476080 (A long list of civil rights abuse claims by the Bush Administration inside the United States and other countries.)
    • Cole, Dave, and James X. Dempsey. Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. 2nd ed. New York: W. W. Norton & Co., 2002. ISBN 1-56584-782-2. (Full discussion of prior legislative history of the Act, going back more than ten years.)
    • Harvey, Robert and Hélène Volat. De l'exception à la règle. USA PATRIOT Act "DE L’EXCEPTION À LA RÈGLE : USA PATRIOT ACT" :  Robert Harvey et Hélène Volat. Paris: Lignes, 2006. 215 p.
    • Mailman, Stanley, Jeralyn Merritt, Theresa M. B. Van Vliet, and Stephen Yale-Loehr. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001: An Analysis. Newark, NJ and San Francisco, CA: Matthew Bender & Co., Inc. (a member of the LexisNexis Group), 2002. (Rel.1-3/02 Pub. 1271) ("An expert analysis of the significant changes in the new USA Patriot Act of 2001 [which]...track[s] the legislation by section, explaining both the changes and their potential impact with respect to: enhanced surveillance procedures;money laundering and financial crimes; protecting the border; investigation of terrorism; information sharing among federal and state authorities; enhanced criminal laws and penalties for terrorism offenses, and more.")
    • Michaels, C. William. No Greater Threat: America Since September 11 and the Rise of the National Security State. Algora Publishing, Completely Updated for 2005. ISBN 0-87586-155-5. (Covers all ten titles of the USA PATRIOT Act; Includes review and analysis of: Homeland Security Act, "PATRIOT Act II," Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions, "National Strategy" documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the "war on terrorism.")
    • Phelan, James Clancy; PATRIOT ACT, Hachette, ISBN 978-073-362283-0; 2007.
    • Van Bergen, Jennifer. The Twilight of Democracy: The Bush Plan for America. Common Courage Press, 2004. ISBN 1-56751-292-5. (A constitutional analysis for the general public of the USA PATRIOT Act and other administrative measures, with the first half of the book spent on principles of democracy and constitutional law.)
    • Wong, Kam C. "The Impact of USA Patriot Act on American Society: An Evidence Based Assessment" (N.Y.: Nova Press, 2007) (In print)
    • Wong, Kam C. "The Making of USA Patriot Act: Legislation, Implementation, Impact" (Beijing: China Law Press, 2007) (In print)

    [edit] External links



    [edit] Government sources

    2005 renewal
    Supportive views

    [edit] Critical views

    [edit] Other