Changes

The Senate passed its version of the bill with a 96-1 vote (only Senator [[Russ D. Feingold]], a Democrat from [[Wisconsin]] voted nay) after just three hours of debate on October 11. The House revised its version of the bill to make it a little more to the Administration’s and Senate's liking than the version approved by the House Judiciary Committee, including moving the date of the sunset back three years, to 2006. The Senate agreed to the sunset provision and this version passed the House the next day by a massive 337-79 vote. The House and Senate reconciled an agreement between the two versions (including changing the sunset date to December 31, 2005) and sent the bill, now officially known as the USA PATRIOT Act of 2001, back to their respective chambers, where it passed 357-66 in the House on October 24 and 98-1 in the Senate (with Senator Feingold dissenting) a day later. It was signed into law by President Bush on the following day, 37 days after the original proposal to Congress.<ref name="CQ" />

The Senate passed its version of the bill with a 96-1 vote (only Senator [[Russ D. Feingold]], a Democrat from [[Wisconsin]] voted nay) after just three hours of debate on October 11. The House revised its version of the bill to make it a little more to the Administration’s and Senate's liking than the version approved by the House Judiciary Committee, including moving the date of the sunset back three years, to 2006. The Senate agreed to the sunset provision and this version passed the House the next day by a massive 337-79 vote. The House and Senate reconciled an agreement between the two versions (including changing the sunset date to December 31, 2005) and sent the bill, now officially known as the USA PATRIOT Act of 2001, back to their respective chambers, where it passed 357-66 in the House on October 24 and 98-1 in the Senate (with Senator Feingold dissenting) a day later. It was signed into law by President Bush on the following day, 37 days after the original proposal to Congress.<ref name="CQ" />

==How the Act is intended to fight Terrorism==

==Domestic surveillance==

The Patriot Act Fights Terrorism in three main ways: disrupting terrorist’s funding, improving methods of prosecuting terrorists, and expanding surveillance procedures and intelligence sharing. There were other minor parts, such as setting up a fund in the Treasury Department to reimburse the Department of Justice for fighting terrorism and a section which condemns discrimination against Muslims and Arab Americans.<ref name="leahy">Leahy, Patrick. “USA PATRIOT Act – Section by Section Analysis.” http://leahy.senate.gov/press/200110/102401a.html (Accessed April 16th, 2007)</ref> Most of the provisions deal directly with terrorism, but some have broader applicability, and some are not related to terrorism at all.

The Patriot Act fights foreign spy networks, terrorist organizations, and criminal organizations in three main ways: disrupting funding, improving methods of prosecution, and expanding surveillance procedures and intelligence sharing. There were other minor parts, such as setting up a fund in the Treasury Department to reimburse the Department of Justice for fighting terrorism and a section which condemns discrimination against Muslims and Arab Americans.<ref name="leahy">Leahy, Patrick. “USA PATRIOT Act – Section by Section Analysis.” http://leahy.senate.gov/press/200110/102401a.html (Accessed April 16th, 2007)</ref> Most of the provisions deal directly with terrorism, but some have broader applicability, and some are not related to terrorism at all.

===Roving Wiretaps===

===Roving Wiretaps===

The first step in disrupting terrorism is finding the terrorists before they can successfully act on a plot to attack the United States. The Patriot Act provides the means for the federal government to gather intelligence on these plots, primarily through [[wiretap]]s and search warrants. One such provision is the so-called [[roving wiretap]]s provision. Roving wiretaps themselves are not new, they have been use investigating crime since 1986; the Patriot act simply extends this tool to gathering intelligence of terrorists.<ref name="206derosa">DeRosa, Mary. “Section 206: Roving Surveillance Authority Under FISA: A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/section-206 (Accessed April 16th, 2007)</ref> Before roving wiretaps, the [[Federal Bureau of Investigation|FBI]] would need to get a separate FISC ([[Foreign Intelligence Surveillance Court]]) warrant for each method of communication used by a terrorist. This means that if the suspect switched phones or used public [[computer]]s the FBI would need to get multiple warrants. The Patriot Act allows for FISC warrants on a specific person, rather than a single specific phone line as under the old law. This means that the FBI could get one warrant, and tap whatever line the suspect happens to be using at the time.<ref name="206derosa" />

The first step in disrupting an organization is finding the subjects before they can successfully act on a plot to attack the United States. The Patriot Act provides the means for the federal government to gather intelligence on these plots, primarily through [[wiretap]]s and search warrants. One such provision is the so-called [[roving wiretap]]s provision. Roving wiretaps themselves are not new, they have been use investigating crime since 1986; the Patriot act simply extends this tool to gathering intelligence of terrorists.<ref name="206derosa">DeRosa, Mary. “Section 206: Roving Surveillance Authority Under FISA: A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/section-206 (Accessed April 16th, 2007)</ref> Before roving wiretaps, the [[Federal Bureau of Investigation|FBI]] would need to get a separate FISC ([[Foreign Intelligence Surveillance Court]]) warrant for each method of communication used by a suspect. This means that if the suspect switched phones or used public [[computer]]s the FBI would need to get multiple warrants. The Patriot Act allows for FISC warrants on a specific person, rather than a single specific phone line as under the old law. This means that the FBI could get one warrant, and tap whatever line the suspect happens to be using at the time.<ref name="206derosa" />

===Sneak and Peek Warrants===

===Sneak and Peek Warrants===

===Libraries Provision===

===Libraries Provision===

A third tool provided by the Patriot Act is the so-called “libraries provision,” sometimes just called Section 215. Section 215 broadens the FBI’s power to seize records of terrorist activities, specifically business records. Before the Act, the FBI could only subpoena “hotels, motels, car and truck rental agencies, and storage rental facilities,” but these powers were expanded through the act to include records from any place of business.<ref name="215derosa">DeRosa, Mary. “Section 215: Access to Business Records under FISA (‘Libraries Provision’): A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/sections-214-and-215 (Accessed April 16th, 2007)</ref> Section 215 also expands the items the FBI can obtain to include “any tangible things (including books, records, papers, documents, and other items).”<ref name="215derosa" /> The Act also loosens the requirements to procure a warrant. Whereas before the FBI had to show evidence that the subject under surveillance was a foreign power or agent thereof, after the act, the FBI simply has to assert that the seizure is for a foreign intelligence investigation, clandestine intelligence activities or to protect against international terrorism. There is no requirement for an [[evidential hearing]]. Section 215 is called the libraries provision because it could potentially be used to subpoena a list of books checked out from a library, or a list of websites visited at a library computer, all without notifying the suspect.<ref name="215derosa" />

A third tool provided by the Patriot Act is the so-called “libraries provision,” sometimes just called Section 215. Section 215 broadens the FBI’s power to seize records of activities, specifically business records. Before the Act, the FBI could only subpoena “hotels, motels, car and truck rental agencies, and storage rental facilities,” but these powers were expanded through the act to include records from any place of business.<ref name="215derosa">DeRosa, Mary. “Section 215: Access to Business Records under FISA (‘Libraries Provision’): A Summary” (American Bar Association, 2005). http://www.abanet.org/natsecurity/patriotdebates/sections-214-and-215 (Accessed April 16th, 2007)</ref> Section 215 also expands the items the FBI can obtain to include “any tangible things (including books, records, papers, documents, and other items).”<ref name="215derosa" /> The Act also loosens the requirements to procure a warrant. Whereas before the FBI had to show evidence that the subject under surveillance was a foreign power or agent thereof, after the act, the FBI simply has to assert that the seizure is for a foreign intelligence investigation, clandestine intelligence activities or to protect against international terrorism. There is no requirement for an [[evidential hearing]]. Section 215 is called the libraries provision because it could potentially be used to subpoena a list of books checked out from a library, or a list of websites visited at a library computer, all without notifying the suspect.<ref name="215derosa" />

===Intelligence Sharing===

===Intelligence Sharing===

The Patriot Act also has several provisions which allow for information and intelligence to be better shared among the investigative and intelligence agencies. The Act allowed information about terrorist activities to be shared between federal, state and local governments, as it was previously allowed for other types of crimes. It also allowed for adding [[DNA]] samples of terrorists and other violent offenders to the national database which already includes DNA samples of other certain crimes.<ref name="leahy" />

The Patriot Act also has several provisions which allow for information and intelligence to be better shared among the investigative and intelligence agencies. The Act allowed information about suspect activities to be shared between federal, state and local governments, as it was previously allowed for other types of crimes. It also allowed for adding [[DNA]] samples of terrorists and other violent offenders to the national database which already includes DNA samples of other certain crimes.<ref name="leahy" />

   

   

===Money Laundering===

===Money Laundering===

Another way the Patriot Act fights terrorism is by cutting off sources of illegal funding, which it does by attempting to curtail money laundering. The act requires all monetary institutions (the definition of which is very broad; it includes [[pawn broker]]s, [[insurance]] agencies, and [[diamond]] dealers) to enact a four part program.<ref name="serino">Serino, Robert. “Anti-Laundering Concerns Not Just for Banks Anymore.” American Banker, November 30th, 2001, vol. 167, iss. 229, p. 9</ref> The institution must appoint a compliance officer, establish a training program to recognize money laundering, establish a testing or auditing program to evaluate the accuracy of laundering detection and establish policies to avoid being used to launder money.<ref name="serino" />

Another way the Patriot Act protects national security is by cutting off sources of illegal funding, which it does by attempting to curtail money laundering. The act requires all monetary institutions (the definition of which is very broad; it includes [[pawn broker]]s, [[insurance]] agencies, and [[diamond]] dealers) to enact a four part program.<ref name="serino">Serino, Robert. “Anti-Laundering Concerns Not Just for Banks Anymore.” American Banker, November 30th, 2001, vol. 167, iss. 229, p. 9</ref> The institution must appoint a compliance officer, establish a training program to recognize money laundering, establish a testing or auditing program to evaluate the accuracy of laundering detection and establish policies to avoid being used to launder money.<ref name="serino" />

===Definition of Terrorism===

===Definition of Terrorism===