The USA Patriot Act, passed in response to the Sept. 11, 2001 terrorist attacks on the United States, is aimed at providing the tools law enforcement officials need to prevent further terrorist attacks.

But almost since its passage, and especially throughout the debate over the reauthorization of provisions that expired at the end of 2005, some lawmakers and civil libertarians have contended the act infringes on the rights of U.S. citizens.

When President Bush signed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, or USA Patriot Act, into law on Oct. 26, 2001, he said the legislation would "help law enforcement to identify, to dismantle, to disrupt, and to punish terrorists before they strike."

"We're dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written," Mr. Bush said. "The bill before me takes account of the new realities and dangers posed by modern terrorists."

The act gave the government broad new legal and investigative authority and increased power to sanction organizations and individuals who do not cooperate with investigations. It also provided some legal protections for those who assist law enforcement in its investigative work.

However, in May 2002, the Foreign Intelligence Surveillance Court ruled against the Justice Department's proposed plan for greater information sharing between intelligence officials and domestic law enforcement.

The court argued the proposal would eliminate congressionally mandated barriers between the intelligence community and criminal prosecutors that could allow prosecutors to "advise FBI intelligence officials concerning 'the initiation, operation, continuation, or expansion of [Foreign Intelligence Surveillance Act] searches or surveillance'" -- a change from previous procedure.

A federal appeals court, however, overturned the ruling in November 2002, stating that the U.S. government has an expanded authority to use wiretaps and other surveillance techniques in its efforts to track suspected terrorists.

The appeals court ruling said that expanded powers to wiretap those suspected in foreign terrorist operations -- including U.S. citizens -- outlined in the Patriot Act do not violate the Constitution.

Lawmakers attached sunset provisions to many of the Patriot Act's most controversial provisions, requiring Congress to reauthorize them within four years. In late summer 2005, the House and Senate began to debate renewing those provisions.

Democratic lawmakers saw this as an opportunity to clarify the Patriot Act and offer more protections for civil liberties.

Republican lawmakers concentrated their efforts on making permanent the provisions that were set to expire.

The reauthorization
The Patriot Act was reaffirmed March 10, 2006 after nearly nine months of debate in the House and Senate.

The provisions in the act, set to expire on Dec. 31, 2005, were temporarily extended twice to give lawmakers more time to debate the bill.

Several events delayed the reauthorization, including Hurricane Katrina battering the Gulf Coast in late August 2005, diverting attention to the immediate needs of residents there. And then in December 2005, a New York Times report revealed a program allowing the National Security Agency to wiretap those suspected of potential terrorist activities within the United States without warrants from the FISA court.

The warrentless wiretapping program galvanized Democrats who opposed the bill to draw attention to what they considered civil liberties rollbacks in the legislation.

The expiring provisions included one that let federal officials obtain "tangible items," such as business records, from libraries and bookstores, in connection with foreign intelligence and international terrorism investigations.

Other provisions clarified that foreign intelligence or counterintelligence officers should share information obtained as part of a criminal investigation with counterparts in domestic law enforcement agencies. Yet other portions were designed to strengthen port security by imposing strict punishments on crew members who impede or mislead law enforcement officers trying to board their ships.

A compromise version of the bill aimed to include more civil liberties protections, such as language saying people who receive subpoenas granted under the Foreign Intelligence Surveillance Act for library, medical, computer and other records can challenge a gag order in court.

Not all senators were on board, but a filibuster attempt by Sen. Russ Feingold, D-Wis., the only senator to vote against the original Patriot Act, failed, clearing the way for the final reauthorization vote.

President Bush signed the reauthorization bill mere hours before the temporary extension would have ended.

"The Patriot Act has accomplished exactly what it was designed to do," he said at the bill-signing ceremony. "It has helped us detect terror cells, disrupt terrorist plots and save American lives. The bill I sign today extends these vital provisions. It also gives our nation new protections and added defenses."

The reauthorization made permanent 14 of the 16 provisions that were scheduled to expire March 10, 2006.

California Rep. Jane Harman, the ranking Democrat on the House intelligence committee, lauded new measures that would "[bar] the government from using National Security Letters to obtain records from libraries functioning in their traditional roles," and noted that "only libraries that also function as Internet service providers are now covered."

The provisions regarding the government authority to conduct "roving wiretaps" of targets with multiple phones or e-mail devices, and the government's powers to seize business records with the FISA court's approval are now set to expire Dec. 31, 2009.

The reauthorization also included new tools designed to help law enforcement stop the trafficking of methamphetamine, such as tracking the purchase of over-the-counter ingredients and increasing federal penalties for smuggling and selling the drug.

Specifically, the renewed provisions include:

Section 206 to create so-called roving wiretaps, which allow government agents to tap the devices associated with a suspected terrorist rather than a single device

The reauthorization holds agencies to a slightly stricter standard with regard to when roving wiretaps can be used, requires reports to congress on their use, and sets a sunset expiration of four years.

Section 213 to authorize government agents to obtain "sneak and peek" warrants that allow them to enter and search a premises without immediately notifying the owner, provided nothing is removed

Under the reauthorization, officials must notify the person whose premises is being searched within a reasonable time that is not to exceed 30 days unless a longer time is expressly approved by the court issuing the warrant.

Section 215 to allow government agents to obtain business records with permission from the Foreign Intelligence Surveillance Court

Reauthorization requires agents to present the FISA court with new data proving the how the evidence sought will apply to the relevant investigation and affords greater protections for library, medical, and educational records.

It also provides the party forced to disclose the business information the right to seek the advice of an attorney and establishes a sunset expiration of four years.

Section 505 to provide for the use of National Security Letters, a type of subpoena that forces the party being subpoenaed into a non-disclosure agreement severely limiting their legal rights

The lack of judicial review afforded by NSL worried many lawmakers, and the reauthorization gives a specific right to legal counsel to the recipients of an NSL, and the right to challenge it in court.

It also states that libraries cannot be subjected to an NSL, and that the government must present a report to Congress each year on the use of NSL. These controls were deemed necessary in November 2005 when The Washington Post revealed that the FBI was issuing 30,000 National Security Letters annually.

Future of the Patriot Act
Senate Judiciary Committee Chairman Arlen Specter, R-Pa., said at the time of the act's renewal that he had deep reservations about civil liberties impacts, but he voted for the compromise measure, calling it "an acceptable balance."

Specter and other moderate Republicans said the passage of the bill was the first step toward analyzing the Patriot Act and drafting legislation to replace it. He has suggested revamped measures to:

-- Throttle the use of National Security Letters to subpoena evidence by eliminating the one-year period before gag orders on NSL could be challenged in court;

-- Demand more evidence tying a party to foreign terrorists before records could be obtained from businesses, libraries, hospitals and doctors' offices, and nonprofits; and

-- Require that the target of a "sneak and peek" search warrant be notified within seven days of its execution.

Reauthorized measures
A summary of the bill follows.

Section 1 Table of contents

Section 2
-- Amends the USA Patriot Act to require an order granting roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978, if the nature and location of each of the facilities or places at which the surveillance will be directed and the identity of the target are not known, to include sufficient information to describe a specific target with particularity.

-- Requires an order approving electronic surveillance, where the nature and location are unknown, to direct the applicant to provide notice to the court (within 10 days after the surveillance begins) of: (1) the nature and location of each facility; (2) the facts and circumstances relied upon to justify the belief that the surveillance target is using such facility; and (3) a statement of any proposed minimization procedures that differ from those contained in the original application or order necessitated by a change in the facility at which the surveillance is directed.

-- Directs the attorney general to fully inform the House and Senate Judiciary committees (currently limited to the intelligence committees) on a semiannual basis concerning electronic surveillance under FISA, including regarding the number of applications made for electronic surveillance orders and extensions where the nature and location of each targeted facility are not known.

Section 3
-- Makes the authorization of an order for electronic surveillance or a physical search for up to 90 days applicable only to surveillance targeted against a foreign power who is not a U.S. person. Limits to one year an order (or extension) for the use of pen registers and trap and trace devices where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a U.S. person.

Section 4
-- Requires the attorney general, on an annual basis, to submit to the House and Senate Judiciary committees a report containing: (1) the number of accounts from which the Department of Justice has received voluntary disclosures of customer communications or records under provisions authorizing disclosure of the contents of electronic communications in emergencies involving immediate danger of death or serious physical injury; and (2) a summary of the basis for voluntary disclosures to DOJ where the pertinent investigation was closed without the filing of criminal charges.

-- Permits a wire or electronic communications service provider to disclose customer records to a governmental entity if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay. (Current law permits disclosure if the provider reasonably believes that such an emergency justifies disclosure.)

Section 5
-- Limits the authority to delay notice of the issuance of a search warrant to circumstances where providing immediate notice of the warrant may: (1) endanger the life or physical safety of an individual; (2) result in flight from prosecution, the destruction of or tampering with evidence, or intimidation of potential witnesses; or (3) otherwise seriously jeopardize an investigation.

-- Requires such delayed notification to be issued within seven days (currently, within a reasonable period) after execution, or on a later date if the facts of the case justify a longer delay. Permits the period of delay to be extended by the court for good cause shown, subject to the condition that extensions only be granted upon an updated showing of the need for further delay and that each additional delay be limited to periods of 90 days or less, unless the facts of the case justify a longer period.

-- Requires, within 30 days after the expiration or denial of a warrant authorizing delayed notice, the judge to report to the Administrative Office of the United States Courts:
(1) that a warrant was applied for;
(2) that the warrant or extension was granted, modified, or denied;
(3) the period of delay authorized by the warrant and the duration of any extensions; and
(4) the offense specified in the warrant or application.

-- Requires the director of the administrative office, each April, to transmit to Congress a complete report concerning the number of applications filed, granted, and denied for warrants and extensions authorizing delayed notice.

Section 6
-- Requires:
(1) an ex parte order for a pen register or trap or trace device for foreign intelligence purposes to direct that, upon the applicant's request, the provider disclose specified information to the federal officer using the device; and

(2) the attorney general to fully inform the House and Senate Judiciary Committees regarding uses of such devices.

Section 7
-- Modifies requirements for access to business records for foreign intelligence and international terrorism investigations. Requires that applications include a statement of facts showing that there are reasonable grounds to believe that items sought:

(1) are relevant to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities; and

(2) pertain to a foreign power or agent, are relevant to the activities of a suspected foreign agent, or pertain to an individual in contact with such an agent.

-- Directs the judge to enter an ex parte order approving the release of records or tangible things if the judge finds that the statement of facts in the application establishes reasonable grounds to believe that the items sought are relevant and pertinent. Requires that the order:

(1) describe the items with sufficient particularity;

(2) prescribe a return date which will provide a reasonable period of time for items to be made available;

(3) provide clear and conspicuous notice of nondisclosure principles and procedures; and

(4) not require the production of anything that would be protected under the standards applicable to a subpoena issued in aid of a grand jury investigation.

-- Prohibits making an application for an order requiring the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, or medical records containing personally identifiable information without the prior approval of the director of the Federal Bureau of Investigation.

-- Prohibits disclosing that the FBI has sought or obtained tangible things pursuant to an order other than to:

(1) persons to whom such disclosure is necessary to comply with such order (currently, to those persons necessary to produce the tangible things);

(2) an attorney to obtain legal advice or assistance in responding; and

(3) other persons as permitted by the Director. Requires an order to contain notice of the nondisclosure requirements.

-- Establishes procedures for challenging the legality of an order or any disclosure prohibition. Requires the development and issuance of procedures for the review of petitions.

-- Requires the attorney general's semiannual reports to the House and Senate Intelligence committees regarding requests for the production of tangible things to be sent to the judiciary committees also. Requires the attorney general, each April, to report to Congress on the number of order applications made, granted, modified, and/or denied and the number of such applications for orders involving the production of:

(1) tangible things from a library;

(2) tangible things from a person or entity primarily engaged in the sale, rental, or delivery of books, journals, magazines, or other similar forms of communication;

(3) records related to the purchase of a firearm;

(4) health information; and

(5) taxpayer return information.

Section 8
-- Authorizes a provider who receives a request from the director of the FBI for subscriber and toll billing records information or electronic communication transactional records to seek a court order to modify or set aside the request, with the grounds for challenging the request stated with particularity. Authorizes the court to modify or set aside the request if compliance would be unreasonable or oppressive or would violate any legal right or privilege of the petitioner.

-- Authorizes the provider to challenge the nondisclosure requirement and the court to modify or set aside such requirement if there is no reason to believe that disclosure may endanger U.S. national security, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. Provides that the government's certification that disclosure would do those things shall be treated as conclusive unless the court finds that the certification was made in bad faith. Authorizes the attorney general to seek enforcement of a request in U.S. district court if a recipient refuses to comply.

-- Permits restricting the disclosure of information in proceedings consistent with the requirements of the Classified Information Procedures Act. Permits disclosure to an attorney to obtain legal advice or to persons as necessary to comply with the request. Prohibits any attorney or person notified of the request from disclosing that the FBI has sought or obtained access to information or records.

Section 9
-- Terminates on Dec. 31, 2009:

(1) USA Patriot Act provisions regarding roving wiretaps and business records (restores amended or modified provisions as in effect on the day before the effective date of such act); and

(2) a provision of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding individual terrorists as agents of foreign powers (continues any particular foreign intelligence investigation that began before the date on which that extension ceases).

-- Repeals the sunset of:

(1) provisions of IRTPA redefining "agent of a foreign power" to include persons who engage in international terrorism; and

(2) provisions modifying the prohibition against providing material support to terrorists.

Section 10
-- Authorizes the Foreign Intelligence Surveillance Courts to establish such rules and procedures and take such actions as are reasonably necessary to administer their responsibilities under FISA.

-- Requires the attorney general's annual report to the administrative office and Congress to include the number of emergency employments of electronic surveillance and subsequent orders approving or denying such surveillance. Requires similar reporting to the House and Senate Judiciary and Intelligence committees regarding:

(1) the number of emergency physical searches authorized and subsequent orders approving or denying such searches; and

(2) the number of pen registers and trap and trace devices authorized by the Attorney General on an emergency basis and subsequent orders approving or denying their installation.

The original Patriot Act
The original USA Patriot Act was a massive revision of U.S. law regarding intelligence gathering, the structure of federal agencies, and the way the government prosecutes suspected terrorists and other criminals.

It also contained many tools that law enforcement professionals had lobbied for some time.

When the bill was signed into law, then Attorney General John Ashcroft said in a statement, "Law enforcement is now empowered with new tools and resources necessary to disrupt, weaken, and eliminate the infrastructure of terrorist organizations, to prevent or thwart terrorist attacks, and to punish the perpetrators of terrorist acts. ... The American people can be assured law enforcement will use these new tools to protect our nation while upholding the sacred liberties expressed in the Constitution."

But groups opposed to the bill, such as the American Civil Liberties Union, said the Patriot Act went too far in its unfettering of the federal government, and endangered the civil rights of American citizens as well as immigrants.

In an October 2001 letter to the House, the ACLU urged lawmakers to vote down the final version of the bill.

"While it contains provisions that we support, the American Civil Liberties Union believes that the USA Patriot Act gives the attorney general and federal law enforcement unnecessary and permanent new powers to violate civil liberties that go far beyond the stated goal of fighting international terrorism," the group said.

A summary of some of the bill's provisions follows.

SURVEILLANCE & INFORMATION GATHERING
Section 103: Funds the FBI's Technical Support Center, which creates and coordinates many of the government's electronic surveillance programs. The center will receive $200 million a year for three years (beginning in 2001), a significant increase in funding.

Section 202: Authority to intercept wire, oral or electronic communications relating to computer fraud and abuse offenses. Gives the government broader authority to use wiretaps and traces to go after hackers who engage in denial of service attacks and Computer Fraud and Abuse Act violations.

Section 209: Seizure of voice mail messages. Law enforcement officials can seize voice mail messages with a search warrant. Previous case law stated that a wiretap order was necessary.

Section 210: Subpoenas for records of electronic communications. Says that law enforcement officials may subpoena records of electronic communications, including the method of payment (credit and bank account numbers) for services and the time and duration of sessions.

Section 211: Clarification on disclosure of information. Clarifies that cable companies may disclose customer information to law enforcement officials without first contacting the customer except in the case of records revealing cable subscriber selection of video programming from a cable operator.

Section 212: Emergency disclosure of electronic communications to protect life and limb. Allows Internet service providers to disclose private customer information, including e-mail messages, if the provider believes that "death or serious physical injury to any person" will occur if the information is not disclosed.

Section 213: Delay of notice in the execution of search warrants. Allows so-called "sneak and peak" searches. Courts can authorize law enforcement officials to execute a search warrant, but delay giving notice to the owner of the property or the subject of the search.

Section 214: Wiretapping authority under FISA. Makes it easier for law enforcement officials to get authority to use pen register and trap and trace [wiretap] devices. Previously a line could be tapped if it had been used for "communications with" someone involved in terrorism or espionage. The new standard requires investigators to certify that information obtained will be relevant to an investigation.

This section stipulates that people can't be the target of a wiretap based solely on "First Amendment Activities."

Section 215: Access to records and information under the Foreign Intelligence Surveillance Act. Broadens the reach of FISA to include new sources of information that would be subject to subpoena. Banks and Internet service providers will now be subject to FISA. Part of this section protects companies and people who provide information to government authorities from lawsuits and requires the attorney general to report on the use of this authority to Congress twice a year.

Section 216: Changes authority relating to use of wiretaps. Clarifies that wiretapping authority applies to the Internet. The statute says that law enforcement officials may monitor the routing of Internet traffic and the origin and destination of e-mail messages, for example, but can't delve into the "content" of such communication. This part of the bill allows federal courts to issue register and trap and trace (wiretap) orders that are valid nationwide, not just within a particular court's jurisdiction. This section also requires law enforcement to file a report with the FISA court whenever it uses a "Carnivore" device, or a device that quickly, independently and automatically searches for information on a network. Officials will have to provide the details of the use of such technology, the dates when it was used and why it was employed.

Section 217: Interception of computer trespassers. This section gives legal liability to government officials who intercept the communications of computer "trespassers," such as hackers, at the request of the owner of a computer or network. ISPs can request that the government monitor "trespassers," but aren't required to submit to requests for access by government officials without a warrant.

Section 225: Immunity for compliance with FISA court orders. This section provides immunity from lawsuits for people and organizations that provide information or assistance to law enforcement officials based on a FISA court order. Internet Service Providers, for example, couldn't be sued for the release of subscriber information if the ISP was responding to a court order. This protection was not available under previous law.

BANKING, FINANCE, & IMMIGRATION
Section 326: Identifying new account holders. Says the secretary of the treasury must issue rules and standards to require financial institutions to properly identify new account holders.

Section 351: Bank Secrecy Act amendments and other changes
-- Increases government access to information from banks if that information may be related to terrorist activities. Provides lawsuit liability to bank officers and employees who report suspicious activity.

-- This section also amends the Fair Credit Reporting Act to allow credit reporting agencies to provide reports to law enforcement officials.

-- It also requires financial institutions to adopt measures designed to stop money laundering.

The secretary of the treasury can impose sanctions on companies that do not comply or refuse to give information to the government. The section also says U.S. banks can't do business with overseas "shell banks" -- those that have no physical facilities and are unregulated. It requires banks to provide information on their overseas business to the secretary of the treasury.

Section 356: Reporting suspicious financial activity. Requires securities brokers and dealers, as well as commodity traders, to report suspicious financial activity to the secretary of the treasury.

Section 806: Forfeiture of assets. Says all assets of terrorist organizations may be seized.

IMMIGRATION
Section 402: Provides funding aimed at tripling the number of Border Patrol, Customs agents, and Immigration and Naturalization officials at facilities along the U.S. border.

Section 403: Requires the attorney general and FBI to provide the State Department with information on the criminal histories of visa applicants.

Section 411: Broadens the definition of terrorist activity for which an immigrant can be denied entry to the United States or deported. Stipulates that the endorsements of terrorist organizations or acts in speech are sufficient for denial of entry or deportation.

Section 412: Says the government may detain an immigrant for up to seven days without a hearing if the attorney general certifies that the immigrant is a suspected terrorist or a threat to national security. The attorney general can order an immigrant who has been charged with a violation held for up to six months if the release of the immigrant would threaten national security.

GENERAL & LEGAL PROVISIONS
Section 218: Foreign intelligence information requirement for FISA authority. This section changes the FISA requirement for surveillance. Now investigators need only to certify that "a significant purpose" of the surveillance or search under to obtain foreign intelligence information. Previously they had to certify that gathering such information was "the purpose" of the surveillance.

Section 219: Single-jurisdiction search warrants for terrorism. Says federal judges may issue search warrants in any jurisdiction where activities related to terrorism may have occurred for a search of property or for a person within or outside the court's district.

Section 220: Nationwide service of search warrants for electronic evidence. Allows a single court having jurisdiction over an offense to issue a nationwide search warrant for electronic information. The warrant is valid anywhere, but the court issuing the warrant must have jurisdiction over the offense under investigation.

Section 223: Civil liability for unauthorized disclosure of information. Allows court action against government agents who violate prohibitions on the unauthorized release of information that the government obtains through surveillance, and increases the ability of the government to discipline employees who commit the violations.

Section 224: Sunsetting. This section sunsets, or provides a four-year expiration date for, the surveillance and intelligence- gathering provisions (Title I and Title II) of the bill except for list of exceptions below:

Section 203(a) broadening the authority to share grand jury information

Section 203(c) establishment of procedures regarding the sharing of criminal investigative information.

Section 205 expedition of employment of translators to support counterterrorism.

Section 208 designation of FISA judges

Section 210 broadening the scope of subpoenas for electronic communications service providers by requiring disclosure of the means and source of payment, including bank account or credit card numbers

Section 211 treating cable companies that provide Internet services the same as other ISPs and telecommunications companies for such services

Section 213 broadening the authority to delay notification of search warrants in criminal investigations if prior notice would have an adverse effect.

Section 216 extending trap and trace to Internet traffic so long as excludes "content"

Section 219 single-jurisdiction search warrants for terrorism

Section 221 trade sanction amendments

Section 222 no imposition of technical obligations on provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance

Section 802: New crime of domestic terrorism. Defines domestic terrorism as activities that occur primarily within the United States that involve criminal acts that are dangerous to human life and appear to be intended to intimidate or coerce a civilian population or government or to affect government conduct by mass destruction, assassination, or kidnapping.

Section 803: Harboring terrorists. Makes it a crime to harbor a person while knowing or having reason to believe the person has committed or is about to commit an act of terrorism.

Section 809: Removal of statute of limitations. Removes the statute of limitations for the prosecution of federal terrorism crimes if the crimes resulted in death or bodily injury.

Section 104: Help from the U.S. military. Allows the attorney general to ask for assistance from the Department of Defense in the event of an emergency involving a weapon of mass destruction.

Section 203: Authority to share information. Says information from grand jury investigations and wiretaps can be shared with more government officials. The information can be shared with any federal law enforcement, protective, intelligence, immigration, and national defense or security personnel, who can use the information in their official duties. In the case of grand jury information, it would require notification to the court after disclosure.

Section 507: Education records. Allows the attorney general to request a court order for disclosure of education records needed for a terrorism investigation.

Section 814: Deterrence and prevention of cyber-terrorism. Increases criminal penalties for Computer Fraud and Abuse Act violations and adds computers located outside the United States to the definition of "protected computers" covered by the statute.

-- Compiled by Dave Belt for the Online NewsHour