| | 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" /> | | 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" /> |
| | 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" /> | | 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" /> |
| | 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" /> | | 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" /> |